Agenda item

Erection of 83no. dwellings (use class C3) with associated parking, landscaping, access and ancillary works. No matters reserved except for the appearance, scale and internal layout of 5no. self-build plots in Terrace 5 [Heworth Ward].

Members considered the erection in Heworth Ward of 83no. dwellings (use class C3) with associated parking, landscaping, access and ancillary works. No matters were reserved except for the appearance, scale and internal layout of 5no. self-build plots in Terrace 5. The Development Manager gave a presentation on the application, noting that the application had previously been considered by the Committee in April 2021, being conditionally approved by members. However, before the decision was released, an objection was issued by Sport England, the concerns of which officers considered to have been addressed in the report.

In response to questions from members, it was noted that:

·        The application as being considered by members in this meeting should be considered as a new application, taking into account all material planning considerations when undertaking the planning balance.  .

·        The Council had not deemed it necessary to consult Sport England on the original application, as Burnholme College had been closed since 2014, and the fields were no longer used. Sports England considered the dis-used sports field to be connected to the used field which the application was proposing to repurpose on the eastern side of the site.

·        Cllr Rowley noted that as a Governor of St Aelred’s School, the playing fields in question were not used by the school or anyone else, and had been fenced off by the Council and were not maintained, meaning that they cannot have been used for sport.

·        Planning officers did not consider Sport England to be a statutory consultee when the application was first brought to the committee.

·        Sport England had indicated that they could be willing to accept that the field was surplus to requirement as a sports facility had City of York Council published their Playing Pitch Strategy.

·        In the development of the Local Plan, which was at an advanced stage, Sport England was consulted on land allocations in the city.

·        After referral, the Secretary of State may decide to either call in the application for a public inquiry or to empower the local planning authority to deal with the application as it sees fit.

·        Conditions were in place to ensure a net gain in biodiversity through the development should it be approved and surveys were conducted to ensure that there would be no undue loss of habitats from the development.

·        Additional parking spaces for the car share scheme via the CYC car park to the north of the development.

Public Participation

Debbie Cobbett, a local resident, spoke in objection to the application. Ms Cobbett said that she did not believe that enough had been done to make the development environmentally friendly. She stated that the target of 0.89 cars per household could not be achieved without a more frequent bus services, more locally available shopping facilities and a more comprehensive car share scheme. Ms Cobbett stated that the aim should be to create a car-free community with speed restrictions and a higher ratio of affordable homes than 30% to decrease the likelihood of multiple car households.

Ben Burton, Housing Development Manager at City of York Council spoke as the applicant, joined by Adam Price, planning consultant. He stated that the site had a complex history and context, and spoke on the new developments on the former Burnholme College site which had been developed into the Burnholme Health and Wellbeing Campus. He stated that the sport field to be built on had not been used for sport since 2015 and had been allocated for housing in the emerging Local Plan and that consent to dispose of the playing field had been granted by the Secretary of State for Education in 2018. He stated that the proposals included high quality publically available amenity space including outdoor play and exercise equipment to the east and a financial contribution of £43,000 for further investment in sports facilities in the local area. He also spoke on the consultations that had been undertaken throughout the process and noted the support of the Council’s Sports Development Manager. Mr Burton also stated that deferring the application until the completion of the Playing Pitch Strategy would not guarantee that Sport England drop their objection to the application.

In response to questions from members, Mr Burton and Mr Price stated that:

·        The aforementioned approval by the Secretary of State for Education in 2018 to dispose of the playing field was under a Section 123 Notice, for which there were no objections at the time.

·        Significant consideration was made for issues of drainage in the design of the proposed development, in coordination with Yorkshire Water and the local flood authority.

·        The developers were trying to use soakaways to create more naturalistic landscaping, but would only install a drainage system approved by Yorkshire Water and local authorities.

·        The conditioned restriction of the surface water discharge rate to 3.5 m/s is adequate for the size of the development.

After debate, it was moved by Cllr D’Agorne to approve the application subject to referral to the Secretary of State for Housing, Communities and Local Government. Cllr Fenton seconded the motion. A vote was taken, with 14 members in favour and 1 against. The motion was carried and it was therefore

Resolved:

i.       That authority be delegated to the Head of Development Services to refer the application to the Secretary of State under The Town and Country Planning (Consultation) (England) Direction 2009 and, subject to him not directing refusal of the application, to approve the application subject to the conditions set out in the report.