Agenda item

Erection of 14 no. dwellings after demolition of existing house (resubmission) [Huntington/New Earswick Ward].

Members considered a major full application, submitted by Carlyn Limited, for the erection of 14 no. dwellings after demolition of existing house (resubmission).

 

Officers updated that there was a correction to the information contained in paragraph 1.1 of the report regarding the mix of dwelling types. The correct mix was four 2 bedroom houses, five 3 bedroom houses, four 4 bedroom houses and one 4 bedroom dormer bungalow.

 

An additional representation, in objection to the proposed development, had been received from a local resident and this was circulated at the meeting. It contained the following points:

 

·        There would be an increase in traffic arising from the additional 14 dwellings adding to the already existing problems regarding the volume of traffic in the vicinity.

·        An additional 14 properties will put a strain on the already heavily stretched utilities; especially on drainage and water.

·        The noise and disturbance of the construction of 14 dwellings will be unbearable.

 

Officers had now received a revised surface water and foul water drainage scheme and further comments had been received from City of York Council Structures and the Drainage Engineer. Additional information had also been provided by the applicant regarding the location of the culvert to which the Foss Internal Drainage Board had referred. This has been shown to be 6 metres outside of the site boundary. No surface water drainage connection to the culvert is proposed.

 

A further document had also been received from York Consultancy, regarding drainage, and this was circulated at the meeting. This stated that the proposed foul and surface water design was now acceptable with the following condition:

 

·        The surface water attenuation scheme should be designed in accordance with the submitted plans, to adoptable standards, and offered for adoption to Yorkshire Water under a Section 104 Agreement.

·        The outfall discharge should be limited to 4 litres per second to the existing sewer (in the 1 in 30 year return period) and this will be limited by the use of a vortex control chamber provided by HydroBrake or Crown Water or similar.

·        The pipe from the vortex control chamber to the existing adopted sewer should be a 150mm pipe laid at minimum falls.

·        Finished ground levels should not differ significantly from the existing.

·        Foul sewerage shall be in accordance with the submitted plans.

 

Members questioned whether the drainage plans would be sufficient and Officers responded that the drainage engineers were happy with the scheme that had been put forward. Members also asked whether Yorkshire Water would be adopting the drainage system and Officers said that this was unknown but the system would be built to adoptable standards.

 

Representations were received, in objection, from a local resident who said that the proposed development would overload the sewage/drainage system which was already inadequate. There was a very high water table in the area and this plot of land was lower than the surrounding area. He did not believe that the sewerage and drainage problems had been addressed properly.

 

Representations were received, in support of the application, from the applicant’s agent. He said that the applicant had discussed the concerns regarding drainage, raised by Officers, and these had now been addressed satisfactorily. He said that the design of the drainage system was over and above what Yorkshire Water had asked for.

 

Members asked the agent for the applicant whether he had considered grey water recycling and rain harvesting and he said that the applicant would be willing to look at this.

 

Some Members felt that the drainage system needed to be more sustainable and felt that the site had not been adapted to cope with the present changes in climate. There was also a pond within the site and some Members felt that this should be retained to encourage surface water drainage.

 

RESOLVED:             That the application be approved subject to the conditions outlined below.

 

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

 

Reason:  To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

 

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

 

Drawing No. 012.01.02 received 14 May 2007

Drawing No. 012.01.03 rev E received 7 August 2007

Drawing No. 012.01.04 received 14 May 2007

Drawing No. 012.01.05 received 14 May 2007

Drawing No. 012.01.06 received 14 May 2007

Drawing No. 012.01.07 received 14 May 2007

Drawing No. Y157/D/2 received 6 August 2007

Drawing No. Y157/D/1D received 6 August 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.

 

Reason:  So as to achieve a visually cohesive appearance.

 

4.        Details of all means of enclosure to the site boundaries and all boundary treatments within the site 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.

 

Reason:  In the interests of the visual amenities of the area.

 

5.        The development shall be completed in accordance with the requirements of code level 3 of The Code for Sustainable Homes (DCLG) March 2007. This shall be demonstrated to the satisfaction of the local planning authority.

 

Reason:  To ensure that the development accords with the criteria of Policy GP4a of the City of York Local Plan 2005.

 

6.        The site shall be developed with separate systems of foul and surface water drainage on and off site.

 

Reason: In the interest of satisfactory and sustainable drainage.

 

7.        Development shall not begin until details surface water drainage works, including the storage and pumping of surface water, have been submitted to and approved in writing by the Local Planning Authority, and carried out in accordance with these approved details.

 

Reason:  So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site.

 

8.        The discharge rate of surface water from the site to the adopted sewer shall not exceed 4 litres per second and shall be limited to this maximum level by vortex control chamber and the pipe from the vortex control chamber to the existing adopted sewer shall be150 mm diameter and laid at minimum falls unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of the proper drainage of the site and to prevent flooding.

 

9.        The site shall not be occupied and no piped discharge of water from the development site shall take place until works to provide surface and foul water drainage have been completed in accordance with the approved details.

 

Reason: To protect the environment and in the interests of the proper drainage of the site.

 

10.   Foul water drainage of the site shall be in accordance with the approved plans.

 

Reason: For the proper drainage of the site.

 

11.   No development, including building, filling or other permanent obstruction shall be located over or within 6 metres measured from the outside edge of the pipe forming the culverted watercourse.

 

Reason: To ensure that access to the culvert is available for maintenance and prevent damage.

 

12.   All drainage routes through the Site shall be maintained both during the works on Site and after completion of the works.

 

                                    INFORMATIVE:

 

Provisions shall be made to ensure that upstream and downstream riparian owners and those areas that are presently served by any drainage routes passing through or adjacent to the Site are not adversely affected by the development.

 

Drainage routes shall include all methods by which water may be transferred through the Site and shall include such systems as 'ridge and furrow' and 'overland flows'.   The affect of raising Site levels on adjacent property must be carefully considered and appropriate measures taken to negate influences.

 

Reason: To protect the area from flooding

 

13.   There shall be no raising of ground levels on the site.

 

Reason: To prevent flooding of adjacent properties.

 

14.   No development shall commence on site until a scheme for the provision of affordable housing (Affordable Housing Plan) as part of the development has been submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with Policy H2a of the Draft City of York Local Plan and the Affordable Housing Advice note adopted April 2005. The scheme shall include:-

 

i) The numbers, type and location on the site of the affordable housing provision to be made

 

ii) The timing of the provision of the affordable housing

 

iii) The arrangements to ensure that such provision is affordable for both initial and subsequent occupiers of the affordable housing

 

iv) The occupancy criteria to be used for determining the identity of prospective and successive occupiers of the affordable housing, and means by which such occupancy shall be enforced.

 

REASON: To comply  with Policy H2a of the Council's Draft Local Plan ( 4th Set of Changes April 2005) and the aims of PPS1 and PPS3.

 

15.   No development shall commence unless and until a scheme to ensure the provision of adequate additional foundation and secondary school places within the local catchment area has been submitted to and approved by the local planning authority.

 

Reason:  The education provision within the catchment area of the development has insufficient capacity to take more pupils, such that additional places are required in the interests of the sustainable development of the city in accordance with Policy C6 of the Development Control Local Plan and the Council's Supplementary Planning Guidance "Developer Contributions to Education Facilities" dated January 2005.

 

INFORMATIVE:

The provisions of the above condition could be satisfied by the completion of a planning obligation made under Section 106 of the Town and Country Planning Act 1990 by those having a legal interest in the application site, The obligation should provide for a financial contribution calculated at £32,540.00. The basis for this calculation is contained within the Council's Supplementary Planning Guidance "Developer Contributions to Education Facilities" dated January 2005.

 

No development can take place on this site until the condition has been has been discharged and you are reminded of the Local Planning Authority's enforcement powers in this regard.

 

16.   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 (including boundary treatments).  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.

 

Reason:  So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site.

 

17.   Protective fencing to BS5837: 2005 shall be erected around all existing trees shown to be retained (and neighbouring trees where they may also be affected).

Before the commencement of development including site clearance, demolition, building, or other operations, including the importing of materials and any excavations, a method statement regarding protection measures for the existing trees shown to be retained shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include details and locations of protective fencing to be shown on a plan; phasing of works; type of construction machinery/vehicles to be used; arrangements for loading/off-loading; parking arrangements for site vehicles; locations for storage of materials; location of site cabin and marketing cabin as appropriate. The protective fencing will also include the existing grassland shown to be retained around the trees that are subject to a TPO.

The protective fencing line shall be adhered to at all times during development to create exclusion zones. None of the following activities shall take place within the exclusion zones: excavation, raising of levels, storage of any materials or top soil, lighting of fires, parking or manoeuvring of vehicles; there shall be no site huts, no mixing of cement, no disposing of washings, no stored fuel, no new trenches, pipe runs for services or drains. The fencing shall remain secured in position throughout the construction process including the implementation of landscaping works. A notice stating 'tree protection zone - do not remove' shall be attached to each section of fencing.

 

Reason: To ensure protection of existing trees before, during and after development which are covered by a Tree Preservation Order and/or make a significant contribution to the amenity of the area and/or development.

 

18.   No development shall commence on site until full details of a Great Crested Newt mitigation plan to offset the impact of the development has been submitted to and approved in writing by the local planning authority. This plan shall include the following:

 

i. further survey if appropriate to determine the extent of the overall Great Crested Newt meta-population;

ii. A Wildlife Protection Plan of how development work is to be carried out to take account of the presence of Great Crested Newt

iii. Details of the mitigation/compensation provision is to be made to replace the habitat lost through development to ensure that there is no significant impact on the population overall

iv. The measures to ensure that no Great Crested Newt are harmed by the development work

v. The timing of all operations

 

The mitigation plan shall thereafter be implemented on site in accordance with an agreed timetable.

 

Reason: In the interest of protecting a protected species and its habitat.

 

19.   a. A desk study should be undertaken in order to identify any potentially contaminative uses which have or are currently occurring on site, including the potential for the migration of landfill gas.  This shall include a site description and a site walkover and shall be submitted to and approved by the local planning authority prior to development of the site.

                       

b. A site investigation shall be undertaken based upon the findings of the desk study.  The investigation shall be carried out in accordance with BS10175: Investigation of potentially contaminated land: code of practice.  The results of the investigation shall be submitted to and approved by the local planning authority in writing prior to any development commencing on site.

 

c. A risk based remedial strategy shall be developed based upon the findings of the site investigation.  The remedial strategy shall be submitted to and approved by the local planning authority in writing.  The approved strategy shall be fully implemented prior to any development commencing on site. The remedial strategy shall have due regard for UK adopted policy on risk assessment.

 

d. A validation report shall be submitted to and approved by the local planning authority, detailing sample locations and contaminant concentrations prior to any development commencing on site.

                       

e. Any contamination detected during site works that has not been considered within the remedial strategy shall be reported to the local planning authority.  Any remediation for this contamination shall be agreed with the local planning authority and fully implemented prior to any further development on site.

                       

Reason:  To protect the health and the wider environment

 

20.   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.

 

Reason:  In the interests of the amenities of the adjoining residents and the long term health of protected trees 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 1995.

 

21.   No work shall commence on site until the applicant has secured the implementation of a programme of archaeological work (a watching brief on all ground works by an approved archaeological unit) in accordance with a specification supplied by the Local Planning Authority.  This programme and the archaeological unit shall be approved in writing by the Local Planning Authority before development commences.

 

Reason:  The site lies within an Area of Archaeological Importance and the development will affect important archaeological deposits which must be recorded during the construction programme.

 

22.   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.

 

Reason: To protect the amenities of adjacent residents.

 

23.   Fully detailed drawing illustrating the design and materials of roads, footpaths and other adoptable open spaces shall be submitted to and approved in writing by the Local Planning Authority prior to the start of construction on site.

 

Reason:  In the interests of highway safety.

 

24.   No dwelling to which this planning permission relates shall be occupied unless or until the carriageway basecourse and kerb foundation to the new estate road and footpath to which it fronts, is adjacent to or gains access from, has been constructed.  Road and footway wearing courses and street lighting shall be provided within three months of the date of commencement on the construction of the penultimate dwelling of the development.

 

Reason:  To ensure appropriate access and egress to the properties, in the interests of highway safety and the convenience of prospective residents.

 

25.   The development shall not come into use until the junction with the public highway has been constructed in accordance with the approved plans.

 

Reason:  In the interests of road safety.

 

26.   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.

 

Reason:  In the interests of highway safety.

 

27.   Prior to works starting on site a dilapidation survey of the highways adjoining the site shall be jointly undertaken with the Council and the results of which shall be agreed in writing with the LPA.

 

Reason:   In the interests of the safety and good management of the public highway.

 

28.   Prior to commencement of any works on site, a management plan identifying programming and management of construction works shall be submitted to and approved in writing by the Local Planning Authority. This shall include details of the provision for unloading of delivery vehicles and measures to prevent dirt from being transferred on to the highway.

 

Reason: In the interests of highway safety.

 

29.   No development shall commence unless and until details of provision for public open space facilities or alternative arrangements have been submitted to and approved in writing by the Local Planning Authority. The Open space shall thereafter be provided in accordance with the approved scheme or the alternatives arrangements agreed in writing by the Local Planning Authority and thereafter implemented, prior to first occupation of the development.

 

Reason:   In order to comply with the provisions of Policy L1c of the Development Control Local Plan which requires that all new housing sites make provision for the open space needs of future occupiers.

 

INFORMATIVE:

The alternative arrangements of the above condition could be satisfied by the completion of a planning obligation made under Section 106 of the Town and Country Planning Act 1990 by those having a legal interest in the application site, requiring a financial contribution towards off site provision of open space. The obligation should provide for a financial contribution calculated at £17,521.00.

 

No development can take place on this site until the public open space has been provided or the Planning Obligation has been completed and you are reminded of the local planning authority's enforcement powers in this regard.

 

30.   Unless otherwise agreed in writing by the local planning authority a management plan for the on site drainage scheme (including details of maintenance and detailing responsibility for management of the works) shall be submitted to and approved in writing by the local planning authority before the development hereby approved is first occupied.

 

Reason: To ensure the future maintenance and operation of the drainage works.

 

31.   Details of a scheme for the collection and use of rainwater for domestic purposes (including grey water recycling for internal use and rain water storage for external use) shall be submitted to and agreed in writing by the local planning authority before development commences on site. The approved scheme shall be implemented on site before the dwellings hereby approved are first occupied.

 

Reason: In the interests of sustainable development.

 

 

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to:

 

- principle of development for housing;

- density;

- visualappearance, including landscaping;

- sustainability;

- impacton trees;

- impact on wildlife;

- neighbour amenity;

- access, parking and highway safety;

- drainage;

- affordable housing;

- impact on local services;

- crime prevention;

- construction impact.

 

As such the proposal complies with Policies GP1, GP3, GP4a, GP9, GP10, ED4, GP15a, NE1, NE6, H2a, H3c, H4a, H5a, L1c and T4 of the City of York Local Plan Deposit Draft.