Agenda item

Haxby Hall, York Road, Haxby, York [20/01944/FULM]

Erection of a 65 bed residential and dementia care home following demolition of 5 and 7 York Road and existing care home, and associated access and parking and landscaping at Haxby Hall, York Road, Haxby, York [Haxby And Wigginton Ward]


Members considered a major full application from Mr L Garton for the erection of a 65 bed residential and dementia care home following demolition of 5 and 7 York Road and existing care home, and associated access and parking and landscaping at Haxby Hall, York Road, Haxby, York.


An officer update was given advising the committee of further representations from Haxby Town Council, the owner/occupiers of 3 Station Road, 2 Hall Rise and 18 York Road. Members were also advised of suggested amendments to conditions 2 and 27 and of a suggested additional informative. The additional information had been assessed and the planning balance and the recommendation remained unchanged from the published report.


A presentation was given detailing the existing care home buildings in the context of residential properties and their rear gardens and the proposed site plan.


In response to Member questions officers confirmed that:

·        It would be ensured that there would be no obstruction with visibility to the entrance.

·        A note could be added to condition 4 regarding the length of construction in the CEMP.


Public Speakers

Doug Jennings, Agent for the Applicant, spoke in support of the application noting that the applicant had worked closely with the council’s Adult Social Care team and there was a demand for dementia care. He added that this was a replacement care home with uplifts in accordance with the Draft Local Plan. He noted the changes to the design that meant there was no detrimental impact on local residents.


In response to further questions from Members officers clarified that:

·        Information on complainants making complaints about the development could not be shared due to GDPR.

·        Regarding the quality of building materials, the applicants building to date had used quality materials and there would be a high level of details and officers would work with the applicant to get the best possible solution for the site.

·        The site was not in a conservation area.


Cllr Warters moved approval subject to amendment to condition 13 to be changed to the lifetime of the development. This was seconded by Cllr Fisher. Following debate, and in accordance with the revised Standing Orders, a named vote was taken with the following result:

·        Cllrs Ayre, D’Agorne, Daubeney, Doughty, Douglas, Fisher, Fenton, Hollyer, Kilbane, Lomas, Myers, Pavlovic,  Warters and Cullwick and voted for the motion;

·        Cllrs Barker and voted against the motion.


The motion was therefore carried and it was


Resolved: That the application be approved subject to  an amendment to Condition 13 to be changed to the lifetime of the development, amendments to Conditions 2 and 27 and additional informative as detailed below:


Condition 2 (additions in bold)

The development hereby permitted shall be carried out in

accordance with the following plans and other submitted details:-

- YH030-DP(9)920 Rev A - Proposed Site Plan Alternative

- YH030-DP(0)50 - Proposed Elevations

- YH030-DP(0)51 - Proposed Elevations

- YH030-DP(0)52 - Proposed Front Elevation (with Ambulance


- YH030-DP(0)001 - Proposed Ground Floor General Arrangement

- YH030-DP(0)002 - Proposed First Floor General Arrangement

- YH030-DP(0)003 - Proposed Third Floor General Arrangement

- YH030-DP(0)004 - Proposed Roof Plan

- 20-1026-YH-L002 - Planting Details and Schedules

- 20-1026-YH-L001 - Landscape Proposals

- YH030-DP(9)911 - Tree Protection Plan

- NIA/9274/20/9324/v1/Yorkare Haxby Noise Impact Assessment dated 5 October 2020


Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.


Condition 27

Prior to the commencement of the construction of the development

above foundation level, a scheme for CCTV covering the car park areas including details as to how it will be compatible with the lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The development shall install CCTV in accordance with the approved details prior to the first occupation of the development.


Reason: To ensure the development reduces opportunities for crime in accordance with the National Planning Policy Framework.


Additional Informative 10

Avoiding Bird Nesting Season

The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.




     i.        The site currently occupies the existing care home and 2no dwellings (5 and 7 York Road) and the proposals involve the demolition of the existing building in order to crease an enlarged residential care and dementia care home to enable the continued delivery of specialist and registered care housing to meet an identified need.  It is considered that this site is located within an existing residential area of Haxby, in a sustainable location with access to local services, facilities and public transport.  This application supports the development of under-utilised land which would help to meet an identified need for housing where supply is constrained, which the NPPF attributes substantial weight. The residential care and dementia care home will provide good size accommodation, with all rooms being en-suite, as well as rooms with an open aspect and that will achieve good levels of daylight and sunlight.  Within the building and externally, the scheme shall provide opportunities for gentle physical activity, planting and informal activity and communal spaces, as well as some rooms having individual private amenity spaces.


    ii.        Whilst the concerns of the conservation officer are noted, the appearance of the proposed building is considered acceptable, being of a scale that is suitable and appropriately addressing the street frontage and extensive grounds. The public benefits of the development have been demonstrated and are considered to outweigh the less than substantial harm to the setting of the Haxby conservation area, in accordance with para 194 and 196 of the NPPF.


  iii.        The revisions to the proposal, including the relocation of the second floor terrace has alleviated concerns in respect to the direct overlooking of private gardens associated with existing residential properties at Hall Rise. Whilst the building is higher, and accommodating a further floor, the set back from the eastern rear boundary off-sets any height increase in the building and overall the building will not be unduly overbearing, preserving the residential amenity of neighbouring occupiers.


  iv.        The application, subject to appropriate conditions satisfies other aspects in terms of trees and landscaping, parking and highways and environmental quality and climate change.  In conclusion, it is considered that the proposed scheme would not have adverse impacts that would significantly and demonstrably outweigh its benefits when assessed against the policies in the NPPF taken as a whole, taking into account the details of the scheme and any material planning considerations.  The proposal is thus sustainable development for which the NPPF carries a presumption in favour.  Approval is recommended. 


All Members confirmed they had been present for the item.


Supporting documents:


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