Agenda item

This application seeks permission for the erection of 2 dwellings with detached garages on land to the rear of the Lord Nelson pub. [Rural West York]

Members considered a full application from Mr Thomas for the erection of 2 dwellings with detached garages on land to the rear of the Lord Nelson pub.

Officers gave a presentation based upon the slides at pages 111 -127 of the Agenda and reported that:

·        An additional representation from a local resident had been received.  Requesting that the application be deferred in order for Members to undertake a site visit.  This was considered necessary as the ground level of the application site was significantly above the ground level of Main Street, 1 and 3 Hallgarth Close and 15 Main Street and would result in the two new houses appearing to stand high and conspicuously in the Conservation Area.

·        Further conditions would be added to ensure that the applicant was compliant with CC1 and CC2 of the draft Local Plan; and to ensure the removal of permitted rights to fences.

Mr Norman, a neighbouring resident to the site, spoke in objection to the proposal, on the grounds that the officer report had underestimated the flood risk and that there was the potential for damage caused by water egress, either on the surface or below ground from the development site into Hallgarth Close and/or 15 Main Street.  He also expressed concern regarding access to the public footpath across the entrance to the site, already a precarious crossing.

Cllr Jones, Chair of the Nether Poppleton Parish Council (NPPC) and his colleague Cllr Harper, also a member of the NPPC, spoke in objection to the application on the grounds that the scheme proposed would destroy an ancient burrage strip that had been identified as an area of archaeological interest by the City Archaeologist, in order to create a new gated community in a conservation area therefore contravening the NPPF paragraph 194, regarding ‘harm to, or loss of…a designated heritage asset.’  They also expressed concern that there was no scale on the drawings, therefore the exact dimensions of the final houses were only estimated.  They considered the proposal to be inappropriate development in the conservation area. 

In response to questions from Members, Cllrs Jones and Harper confirmed that the plot had been removed from the Local Plan due to its use for a range of community activities such as picnics, fireworks etc.  Had it remained on the Local Plan, the community were fund raising, and had raised over £1M with the intention of purchasing it as a community space or to develop bungalows to support the needs of the elderly population in the area.

Mr Martin Walker of Walker Dsp Architects, and Agent for the applicant, explained that the plans had been amended and improved to address the constraints and opportunities, of the site, bringing active use to a disused site and providing much needed new housing.  He considered that the Lord Nelson public house was unaffected by the development, retaining sufficient off street car parking and separated vehicular access and adequate space for delivery vehicle turning.

After debate, Cllr Fisher moved, and Cllr Waudby seconded, that the application be deferred to allow time for those Members that wished to visit the site, to visit safely and independently, in accordance with Covid-19 regulations.  Cllrs: Fisher and Waudby both voted in favour of this motion and Cllrs: Craghill, Crawshaw, Cullwick, Galvin, Lomas, Melly, Orrell, Webb and Hollyer all voted against this motion and the motion was declared LOST. 

Cllr Webb then moved and Cllr Lomas seconded that the proposal be approved in accordance with the officer recommendation with the addition of the requests outlined in the officer update regarding ensuring that the applicant is compliant with CC1 and CC2 and the removal of permitted rights to fences and that delegated authority be granted to the Head of Building Services, in consultation with the Chair and Vice-Chair in relation to noise associated with the pub.  Cllrs: Craghill, Galvin, Lomas, Melly and Webb all voted in favour of this motion.  Cllrs: Cullwick, Crawshaw, Fisher, Orrell, Waudby, and Hollyer all voted against this motion and the motion was declared LOST.

Finally, Cllr Fisher moved and Cllr Orrell seconded that the proposal be refused (reason set out below) overturning the officer recommendation to approve the application.  Cllrs: Crawshaw, Cullwick, Fisher, Orrell, Waudby and Hollyer all voted in favour of this motion.  Cllrs: Craghill, Lomas, Melly and Webb all voted against this motion.  Cllr Galvin, abstained from voting; and it was therefore:

Resolved:            That the application be REFUSED.

Reason:              On the grounds that the proposal would be an inappropriate development of an historic plot which would  harm the conservation area and detracts from the setting of grade 2 listed building, Poppleton House.  Furthermore, the Identified harm would not be outweighed by public benefits and is therefore contrary to the Neighbourhood Plan and DLP policies.

 [There was a short break from 8.10 pm until 8.15 pm, in order to register the public speaker for the next agenda item].