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Agenda item

Site To The Rear Of 5 Cherry Lane, York [21/00121/OUT]

Outline application for the erection of 1no. detached dwelling with means of access (resubmission) [Dringhouses and Woodthorpe Ward]


Members considered an application (resubmission) for the erection of one residential property to the rear of 5 Cherry Lane following the refusal of five dwellings in August 2020.


Officers gave a presentation based upon slides on agenda pages 93 - 97 detailing existing plot, prospective building layout and access. They then provided an update, reporting:

·        An additional consultation response from the Senior Flood Risk Management Engineer.

·        An amendment to Condition 3.

·        Three additional conditions (Condition 26, 27 and 28).


It was noted that the information and representations noted above had been assessed and the planning balance and recommendation was unchanged from the published report.


In response to Member’s questions it was confirmed:

·        The removal of fencing and 7 metres of hedgerow, to allow for access, could be reviewed with safety guidelines for a possible reduction. Applicant had agreed to necessary access alterations and had indicated that they were willing to remove the approval of access details from the application.

·        An updated drainage condition had been imposed.

·        The applicant would need to apply for further dwellings in a separate application, Member’s cannot impose a restriction on right to apply.


Public Speakers


Mr Eamonn Keogh, the applicant, spoke in support of the application stating the site had no designation and low ecological value. Mr Keogh explained there would be new planting to restrict the view of the racecourse and the access alteration was upheld from previous submission due to traffic safety concerns, however he was happy to alter to conserve hedgerow. He reiterated the original application was refused due to the lack of housing demand in the area, which was why it had been altered to one dwelling. In response to Member’s questions Mr Keogh confirmed it was a possibility to sell the land with planning permission.


There were no further questions from Members to officers.


Following debate, Cllr Galvin moved, and Cllr Fisher seconded that the application be approved subject to the applicant’s agreement to remove approval of access from the application. Access would be subject to conditions in agenda report, recommended revisions and any amendments as a consequence of ‘access’ becoming a reserved matter. An additional informative attached by the sub-committee was the consideration of the site development for one dwelling only due to the potential impact on the setting of the Knavesmire and the green corridor.


In accordance with the revised Standing Orders, a named vote was taken with the following result:

·        Cllrs Craghill, Crawshaw, Daubeney, Fisher, Galvin, Melly, Perrett, Waudby, Webb and Hollyer voted for the motion.




(i)           That approval be delegated to the Head of Development Services subject to:

                                         i.    receiving written agreement from the applicant to remove approval of access from the application.

                                        ii.    the conditions listed in the report, the recommended revisions, any amendments as a consequence of “access” becoming a reserved matter, an additional EOT if necessary.

                                      iii.     The following additional and amended conditions and informative:

Amended Condition 2


To include, reserved matters to be submitted for means of access


Amended Condition 3


The development hereby permitted shall be carried out in accordance with the following plans and other submitted details:-


Location plan Y81.1215.01

Vehicle tracking LCL-AWP-00-GF-DR-0007-P1  

Illustrative site layout Y81.948.03


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


Additional Condition 26


Prior to first occupation of the dwelling a fence, details of which shall be submitted and approved in writing by the Local Planning Authority, shall be erected between the garden and paddock as shown on plan Y81.948.03 and retained and maintained for the lifetime of the development.


Reason: To delineate the boundary between the garden and the paddock in the interests of preserving the open setting to the Knavesmire.


Additional Condition 27


Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking or re-enacting that Order), development of the type described in Classes E and F of Schedule 2 Part 1 of that Order shall not be erected or constructed within the paddock as identified on plan Y81.948.03.


Reason:  In the interests of the preservation of the open setting of the Knavesmire the Local Planning Authority considers that it should exercise control over any future extensions or alterations which, without this condition, may have been carried out as "permitted development" under the above classes of the Town and Country Planning (General Permitted Development) Order 2015.


Additional Condition 28


The location of the approved dwelling shall be in general accordance with the siting shown on the illustrative site layout plan Y81.948.03.


Reason: To preserve the open setting to the Knavesmire.


Additional Informative

That the site can only be developed for one house because of the potential impact on the setting on the Knavesmire and the

impact of the green corridor.



i)             The site had been considered through the Local Plan process and the majority of the Eastern side of the site had been assessed through that process as not suitable for development as a result of a likely adverse impact on the SINC hedgerow, character of Cherry Lane and open aspect to the Knavesmire. The area of the current site was considered appropriate for development providing trees and hedges were protected and the development reflected local character. It was not allocated within the draft Local Plan as there was not a need for the site to meet the level of housing need agreed by the Council for the Plan. However the Council does not currently have a 5 year housing land supply and the proposal would result in a new dwelling which was a small but not insignificant benefit of the scheme.


ii)            The scheme, as submitted, had been assessed as maintaining the integrity of the hedgerow SINC. A condition requiring a management plan would ensure its future maintenance. Evidence submitted with the application also indicates that the property would have a very minimal impact on views from the Knavesmire as a result of the scale of the dwelling, the tree cover and distance from the racecourse of the development. The layout had been designed to move the development away from Cherry Lane, the Stables SINC and the Knavesmire and issues raised during the Local Plan process were thereby considered to be overcome.



iii)          Given the benefits of the scheme in providing housing while preserving the adjacent SINCs, it was considered that the previous concerns about impacts on the green corridor and views from the racecourse were overcome. The proposal was considered to meet relevant policy in the NPPF and emerging Local Plan and was recommended for approval subject to conditions.



Supporting documents:


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