Agenda item

Variation of condition 2 of permitted application 17/02982/FUL to amend the internal layout, external appearance and orientation of plot 4. [Osbaldwick and Derwent]

Members considered a full application for the variation of condition 2 of the permitted application 17/02982/FUL, to amend the internal layout, external appearance and orientation of plot 4 at Former Piggeries, Rear of Willow Court, Main Street, Holtby, York.

The Development Manager gave a presentation on the application and updated the Committee on a further objection from a neighbour of the property which related to loss of privacy and views.

In response to Members questions, the officer confirmed the main differences in the plans from the original application.  He also explained that the original conditions for the development pre-date the draft Local Plan, the commencement condition was linked to the original development and therefore should the application be granted, permission would be in place in perpetuity.

Public Speakers

Cllr Warters, Ward Member for Osbaldwick and Derwent, spoke in objection to the application.  He raised concerns regarding the footpath which had been agreed as part of the original development,  he stated that the new design would be out of keeping with the rest of the development.  In response to questions, he suggested that Members compare both sets of plans.

Jeremy Dowell, spoke in support of the application on behalf of the applicant.  He stated that the property, which did not front the street, had been designed in accordance with the Village Design Statement (VDS).  It complemented the existing buildings and met all environmental requirements.  He explained, in response to questions, that the redesign had been necessary to meet his client’s requirements.

Officers responded to Members questions and explained that the footpath had formed part of a s106 agreement in 2014, current s106 agreements did not cover footpaths.

The VDS provided supplementary guidance and had some weight in the decision-making process, whilst old, it was not necessarily out of date.

Following debate, Cllr Galvin moved to approve the officer recommendation, this was seconded by Cllr Fisher.  Members voted unanimously in favour and it was;

Resolved:            That the application be approved subject to a deed of variation to the existing Section 106 Agreement to ensure that the permission is subject to the obligations of the Section 106 Agreement for 17/02982/FUL.

Reason:              The proposal would not result in further harm to the openness of the Green Belt, character and appearance of the development and surrounding area, or residential amenity for existing and future occupants, and would be considered to comply with National Planning Policy Framework (2021), policies DB1 and GB1 of the City of York Publication Draft Local Plan 2018, policies GP1 and GB1 of the 2005 City of York Draft Local Plan, and the contents of the Holtby Village Design Statement. The proposal would have no impact on the consideration of highway safety, biodiversity, or contamination, which can be mitigated by the imposition of conditions or through a Section 106 Agreement, and the proposed amendments to the previous approval are not considered to be fundamental or substantial. Approval is therefore recommended, subject to the imposition of those conditions from the previous approval 17/02982/FUL that this Section 73 application does not seek to vary, updated to take account of the details approved under AOD/19/00340 and to include a condition to cover surfacing materials for the proposed driveway. As the previous application was subject to a Section 106 Agreement, securing Affordable Housing and Sports contributions, a deed of variation is required to take account of this Section 73 application.