Agenda item

Erection of 34 dwellings (Use class C3), and a commercial unit (Use Class E), with associated parking, landscaping, access and ancillary works following demolition of existing buildings and structures.

Members considered a major full application by City of York Council for the erection of 34 dwellings (Use Class C3) and a commercial unit (Use Class E) with associated parking, landscaping, access and ancillary works at 1 Duncombe Barracks, Burton Stone Lane, York YO30 6BU, following demolition of existing buildings and structures.

Officers provided an update, reporting the receipt of comments from the Flood Risk Management Team in respect of future maintenance of drainage, amendments to Conditions 2 (updated plans), 10 (drainage) and 23 (cycle and bin storage), and an additional informative in respect of drainage.  With the consent of the Chair, an additional letter of objection, relating to the lack of on-site electric vehicle charging, was reported. Officers then gave a presentation based upon the slides at pages 93-116 of the agenda papers.

In response to questions from Members, officers confirmed that:

·        A contribution towards the city-wide provision of fast electric vehicle chargers (EVCs) in lieu of on-site provision was proposed because this was a low-vehicle site with potential power supply issues.

·        Highways officers would prefer a wider access point for vehicles, but this was not considered a reason for refusal.

·        Proposals for affordable housing within the development were in line with the local planning policy; the site was designed to provide a mix of housing.

Phil Bixby, of My Future York, spoke in support of the application.

Michael Jones, Assistant Director of Housing, spoke in support of the application on behalf of City of York Council and responded to further questions from Members in relation to EVCs, site access for vehicles and affordable housing provision.

Following debate, Cllr Fisher moved, and Cllr Cullwick seconded, a motion to approve the recommendations in the report subject to the amended conditions reported and an amendment to Condition 14 requiring the provision of on-site electric vehicle charging, with the wording of that condition to be delegated to the applicant in consultation with the Chair and Vice Chair.  A named vote was taken and all Members voted in favour of the motion. 

Resolved:  That the application be approved, subject to:

a) Conditions 1, 3-9, 11-13, 15-22 and 24-28 as listed in the report;

b)   the following amended conditions:

                   Amended Condition 2 – Approved Plans

The development hereby permitted shall be carried out in accordance with the following plans:

(00) 010 P04 Site plan; (00) 011 P04 Roof plan; (00) 020 P01 Demolition plan

Ground floor plans

(00) 100 P01 Block A;(00) 110 P04 Block B; (00) 120 P04 Block C

Plans and elevations for flats

Flat A (00) 130 P04; (00)131 P01; Flat B (00) 132 P03; (00) 133 P01;

Flat C (00) 134 P03; (00) 135 P01; Flat D (00) 136 P03; (00) 137 P01

Plans and elevations for houses

House type A (00) 140 P01; (00) 141 P01; (00) 142 P01; (00) 143 P01

House type B (00) 144 P01; (00) 145 P01;(00) 146 P01; (00) 147 P01

House type C (00) 148 P01; (00) 149 P03; (00) 150 P01; (00) 151 P03

Site elevations (00) 200 P03; (00) 201 P01; (00) 202 P03; (00) 203 P01

Block elevations (00) 210 P03; (00) 211 P03; (00) 212 P01

Sections (00) 300 P01; (00) 301 P01

Cycle storage Strategy 288A 80 001 P02

Cycle store design 288A 80 002 P02; 288A 80 003 P01

Typical details SK 001 P01; SK 002 P01; SK 003 P01; SK 004 P01; SK 007 P01 (communal bin stores); 33 - 402 - 404 - internal cycle storage - typical detail.

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

Amended Condition 10 – drainage

Surface water run-off from the site shall be no more than:

·        Discharge to the public surface water sewer network at a restricted rate of 3.5 (three point five) litres/second

·        Discharge to the public combined sewer network at a restricted rate of 13.1 (thirteen point one) litres/second.

Site specific details of the final drainage strategy (including on site surface water attenuation that is to the satisfaction of the Local Planning Authority and details of future maintenance) shall be approved in writing by the Local Planning Authority prior commencement of the development hereby permitted (this allows demolition works and other site preparation to commence in advance of approval of details).  The development shall be carried out in accordance with the approved drainage strategy.    

Reason:     In order to avoid increased flood risk elsewhere in accordance with Publication Draft Local Plan policy ENV4 and NPPF paragraph 163.

Informative

Drainage details are recommended to include the following:

·        Orifice plates to be replaced with vortex flow control devises

·        New connection to the south of the site - saddle connections to public sewer to be removed (as requested by Yorkshire Water).

Amended Condition 23 – cycle and bin storage

Amended to include stipulation for self-closing doors to storage buildings.

c)   An amended Condition 14 requiring the provision of Electric Vehicle Charging on site in accordance with the Low Emissions Strategy; the wording of this condition to be delegated to the Assistant Director of Housing in consultation with the Chair and Vice-Chair.

Reasons:   (i)      The scheme overall is compliant with the overarching sustainability principles and the policies with the NPPF.  The site is vacant and in a sustainable location in terms of access to services.  The housing proposed is broadly consistent with local need.  The scheme is compliant with sustainable design principles in terms of promoting walking and cycling, providing different types of outside amenity space and community uses and in building to Passivhaus standard, which significantly exceeds local and national targets in terms of environmental performance. 

(ii)      In terms of decision-making, paragraph 11d ii of the NPPF applies; the presumption in favour of sustainable development and that proposal should be approved unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole.  In this respect, technical issues can be addressed, by design, and through condition, considering in particular, residential amenity, archaeology, land contamination, drainage and promoting sustainable travel. 

(iii)     Because the council are landowner and developer, negatively worded conditions limiting the development that can take place, until a planning obligation or other agreement has been entered into, to secure affordable housing, education and open space provision and electric charging facilities, are appropriate in this case.  Each requirement is reasonable and necessary and compliant with the 6 tests for using planning conditions, as set out in the NPPF.