Agenda item

Erection of new dwelling and detached garage. Erection of new detached garage to existing dwelling (resubmission) [Strensall Ward]

Members considered a full application, submitted by Mr and Mrs Thompson, for the erection of a new dwelling and detached garage together with the erection of a new detached garaged to existing dwelling (resubmission).

Officers confirmed that this application was a resubmission of an earlier application, which had been refused. Following Officers discussions with the applicant this application had been submitted which was smaller, lower, better sited and had less impact on existing trees. It was confirmed that the main concerns now appeared to be drainage. Strensall Parish Council had raised serious concerns to the application, in particular on drainage grounds, as there was strong local opposition. Details of their emailed concerns were circulated at the meeting. Officers confirmed that both Yorkshire Water and the Foss Internal Drainage Board had been consulted and that neither had objections to the application subject to the imposition of conditions. The conditions related to the need for separate foul and surface water drainage and the surface water from both The Garth and the new dwelling being joined together.

In answer to Members questions Officers confirmed that the trees on the site were not visible from public areas so would probably not be considered for Tree Preservation Orders. They also confirmed that Yorkshire Water had felt that the proposed dwelling would make a negligible difference to the foul water flows from the site therefore Officers stated that drainage would be insufficient reason to refuse permission.  Also in answer to questions Officers confirmed that rainwater harvesting was proposed as part of the application.

Representations, in objection to the application, were received from a neighbour who stated that he felt that the proposal did not meet the previous reasons for refusal.  He felt that it was an overdevelopment of a small plot, which would be out of proportion with adjacent properties. He also confirmed that the comments received from the Parish Council and Cllr Kirk summed up his objections to the scheme.

Representation, relating to drainage issues on the site, were received from a neighbour, who circulated photographs of his property, which showed flooding adjacent to Burn Cottage. He referred to numerous problems he had experienced over a number of years from the back up of effluent from the sewer, which regularly affected his property. He stated that any additional development would he felt exacerbate flooding in the area.

Representations, in support of the application were received from the applicant who confirmed that following refusal of an earlier application he had tried to overcome these reasons and amended the scheme to alleviate the objections. He confirmed that the present scheme included water harvesting, a water flow attenuation system and the reuse of both kitchen and bathwater, which meant that no surface water would enter the drainage system from either The Garth of the new property.

Members expressed concerns that it appeared that the Authority was receiving conflicting advice in relation to drainage and flooding in the vicinity of the site. The Chair confirmed with Officers that, if approval were granted, that any development would not commence until the drainage conditions had been discharged. If approval was granted he requested the addition of two conditions one to condition construction hours and the second for a management scheme for construction vehicle access to the site.

RESOLVED:             That the application be approved subject to the conditions listed in the report and the addition of the following additional conditions and informative:

       1.     The hours of construction, loading or unloading on the site shall be confined to 8:00 to 18:00 Monday to Friday, 9:00 to 13:00 Saturday and no working on Sundays or public holidays.

     2.    The development hereby approved shall not commence until details of rainwater harvesting have been submitted to the local planning authority and approved in writing.  The works shall be carried out in accordance with the approved details. 

     3. The development hereby approved shall not commence until a management for the control of traffic during construction has been submitted to the local planning authority and approved in writing.  The management plan shall be implemented in full to the satisfaction of the local planning authority. 

Notes to the Applicant: a.  The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS 5228: Part 1: 1997, a code of practice for "Noise and Vibration Control on Construction and Open  Sites" and in particular Section 10 of Part 1 of the code entitled "Control of noise and vibration".

b.  All plant and machinery to be operated, sited and maintained in order to minimise disturbance.  All items of machinery powered by internal  combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with manufacturers instructions.

c.  The best practicable means, as defined by Section 72 of the Control of Pollution Act 1974, shall be employed at all times, in order to minimise noise emissions.

d.  All reasonable measures shall be employed in order to control and minimise dust emissions, including sheeting of vehicles and use of water for dust suppression.

e.  There shall be no bonfires on the site.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance with particular reference to housing provision, sustainability, drainage, impact on trees, neighbour amenity, impact on the conservation area, scale and appearance, open space and highway issues.  The application complies with policies GP1, GP4a, GP10, H4a, H5a, T4, NE1 and L1 of the City of York Local Plan Deposit Draft.