Agenda item

Erection of 1 no. dwelling with detached double garage and new vehicular access. [Copmanthorpe] [site visit]

Members considered a full application from Mr Jon Browne for the erection of a detached one and a half storey dwelling with detached double garage and workshop on the rear garden of 4 Croft Farm Close.  Access would be taken from the lane to the east of the site, which is adopted highway.

Officers provided Members with an oral report on the application and reported further consultation responses which had been received but not previously reported to Members this included:

(i)           Responses from the Flood Risk Management Team and the Micklegate Planning Panel.

(ii)         Three additional letters had been received: two new objections from residents on Church Street objecting to vehicular access along the lane because it would be unsafe.  A further letter had been received from adjacent occupant reiterating previous points, that plans are not accurate, size of house and garage are large, presence of TPO tree.

Officers also reported the additional Policy context from the Copmanthorpe Village Design Statement (‘VDS’, 2003 and updated 2018).  They had agreed with the officer recommendation to refuse the application.  They had noted that the proposal would not accord with the aims set down in the VDS to provide a safe cycling and walking route to school.

The applicant, Mr Jon Browne spoke in favour of the application.

Mr John Carruthers, Independent Highways Consultant spoke on behalf of the applicant. 

It was moved and seconded that the application be REFUSED:

Resolved: That the application be REFUSED

Reason:     The NPPF establishes the presumption in favour of sustainable development in paragraph 11, which means granting permission where there are no relevant development plan policies unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework as a whole. York does not have an adopted Local Plan and the Development Plan comprises the saved policies of the Yorkshire and Humber Regional Spatial Strategy relating to Green Belt and neighbourhood plans not relating to Copmanthorpe.

The development of the site is acceptable in principle being in a sustainable and accessible location in an existing village. It would contribute one dwelling to the City’s housing supply and, to a limited extent, increase natural surveillance on Yorkfield Lane. However, there is considered to be an unacceptable impact on highway safety due to the introduction of traffic along a restricted lane that is primarily used as a pedestrian and cycle link. It is considered that, when balancing the benefits and adverse impacts, the harm to highway safety for the wider public using Yorkfield Lane would significantly and demonstrably outweigh the benefits of one private dwelling. Issues relating to anti-social behaviour and any existing conflict on the lane could be addressed in part through increased lighting, cutting back of vegetation and the gating of the lane at its Low Green end, separate to, and without the need for, the proposed dwelling.

Therefore, in line with paragraph 109 of the NPPF, the proposal is recommended for refusal on highway safety grounds due to the unacceptable impact on highway safety.