Agenda item

Erection of three storey detached dwelling (resubmission) [Wheldrake Ward].

Members considered a full application, submitted by Mr I Creer and Ms Y Macalister, for the erection of a three storey detached dwelling (resubmission).

Officers updated that in the Planning Officers report para. 1.2 in the second line the word “erection” should read “demolition” and in para.1.5 the application had been brought to Committee at the request of Cllr Vassie and not the Chair. An email received from Naburn Parish Council commenting on attendance at the site visit, the applicant following planning guideline, the plans being sympathetic and the line of the village settlement had been circulated to Members at the meeting.

The Chair confirmed that Sub-Committee site visits were not a requirement and that Members attended as and when able.

Members viewed a plan of the settlement of Naburn and Officers confirmed that the Green Belt washed over the village and had a defined settlement limit around the built-up area of the village, which had been set through the Local Plan process. It was confirmed that the boundary wall, which crossed the site, defined the settlement limit and that only the part of the site north of this wall was within the settlement limit of the village. 

Representations in support of the proposal were received from the applicant who circulated a photograph of The Old Vicarage from the south and he detailed the proposal, which would involve the development extending 8.8metres beyond the boundary wall. He confirmed that the demolition of the existing outbuilding would benefit the trees within the site and that the proposed dwelling would be sustainable having solar panels, a heat pump, and incorporate rainwater harvesting. He stated that the existing consent for a dwelling on the site was not an eco friendly design. He also confirmed that objections had previously been made to the settlement limit in March 2003.

Members questioned the protection of the trees on site and if the Secretary of States agreement would be required if the Sub-Committee were minded to approve the application.

Cllr Vassie, as Local Member, stated that there appeared to be an indentation in the settlement limit at this point in Naburn village on the Local Plan and as a result The Vicarage and other buildings in the village extended further than the proposed dwelling. He indicated that infilling had already been accepted beyond the settlement boundary and the argument was now whether this application was more appropriate and in keeping than the previous application. He confirmed that the Parish Council had no objections to the proposal and he recommended approval as the development was in keeping with the green belt.

Members questioned details of the approved application for the site and Officers confirmed that the previously approved scheme entailed a minor element over the settlement boundary. Officers also confirmed that the boundary had been agreed since the approval of the previous application. Members indicated that if approval were granted that permitted development rights should be removed to prevent any further changes to the property.

RESOLVED:             That subject to the Secretary of States approval permission be granted subject to the following conditions:

 1            The development shall be begun not later than the expiration of the three years from the date of this permission.

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

Drawing nos. 1551.13, 1551.14, 1551.15, 1551.16, 1551.17, 1551.18, 1551.19 and 1551.20 dated April 2007 and received 16 May 2007;

or any plans or details subsequently agreed in writing by the Local Planning Authority as amendment to the approved plans.

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

 3               Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out using the approved materials.

 4               Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A, B, C, D and E of Schedule 2 Part 1 of that Order shall not be carried out without the prior written consent of the Local Planning Authority.

5               Details of all means of enclosure to the site boundaries shall be submitted to and approved in writing by the Local Planning Authority before the development commences and shall be provided before the development is occupied.

 6               Before the commencement of development, including demolition, building operations, or the importing of materials and any excavations, a method statement regarding protection measures for the existing trees shown to be retained on the approved drawings shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include details and locations of protective fencing, phasing of works, site access during demolition/construction, type of construction machinery/vehicles to be used, (including delivery and collection lorries and arrangements for loading/off-loading), parking arrangements for site vehicles and storage of materials, location of site cabin. The method statement shall also include: construction details where a change in surface material is proposed within the canopy spread and likely root zone of a tree; foundation details.

 7               Before development commences, details of the following measures, outlined in the supporting Design, Construction and Access Statements dated May 2007 that accompanied the planning application, shall be submitted to and approved in writing by the Local Planning Authority.  The approved details shall be incorporated within the development.

'Heavy wall' construction to north, east and west elevations; solar energy; rainwater harvesting; and, underfloor heating.

 8               Notwithstanding the information contained on the approved plans, the height of the approved development shall not exceed 9 metres, as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

 9            The building shall not be occupied until the areas shown on the approved plans for parking and manoeuvring of vehicles (and cycles, if shown) have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

10           Prior to the development coming into use, all areas used by vehicles shall be surfaced, sealed and positively drained within the site, in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority.

11           The bricks and tiles from the existing building on site to be demolished shall be reused within the development.

12           No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscaping scheme which shall illustrate the number, species, height and position of trees and shrubs within the site.  This scheme shall be implemented within a period of six months of the completion of the development.  Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.