Agenda item

Erection of 75 dwellings, landscaping, public open space and associated infrastructure. [Copmanthorpe Ward]

Members considered a major full application from Mr Tate, for the erection of 75 dwellings, landscaping, public open space and associated infrastructure at land to the south east of 51 Moor Lane, Copmanthorpe, York.

The Head of Planning and Development Services gave a presentation on the application and the Development Management Officer gave an update advising Members of the Copmanthorpe Village Design Statement, the change to the public realm contribution request, additional objections received and revisions to conditions 2, 26 and 30 and an additional condition related to timing of works.  Members were advised that the additional information had been assessed and the Officer’s recommendation remained for approval, following referral of the application to the Secretary of State for Communities and Local Government, subject to the completion of a Section 106 agreement.

In response to questions from Members, officers clarified the plans in relation to the existing trees.

Public Speakers

Graham Auton, Chair of Copmanthorpe Parish Council, spoke in objection to the application.  He highlighted concerns in regard to highway safety and traffic congestion.

Liam Tate, the applicant, spoke in support of the application.  He noted that the site would contribute to affordable housing targets, a robust traffic assessment had been undertaken and there was to be a significant contribution made to fund the local infrastructure.

In response to questions from Members, Mr Tate explained that

·       the additional conditions put forward by officers had been agreed, including the changes to the s106 agreement.

·       the details of the sustainable design had not yet been decided.  The lower number of dwellings per hectare improved the biodiversity net gain of the build.

·       The Council’s housing team had lead on the scheme for affordable housing. The management fee would be calculated on the number of bedrooms.

·       The site management plan was yet to be finalised.

[The Senior Solicitor advised that a management fee adjustment for the affordable housing could be picked up by the s106 agreement.]

Officers responded to questions from Members and clarified the weighting that should be applied to various planning policies, noting that until the Local Plan was adopted, planning applications must accord with the National Planning Policy Framework (NPPF).

It was confirmed that the housing team were satisfied with the level of affordable housing provided. The details relating to the offsite sports provision of the s106 agreement were also clarified.

Officers noted that an additional condition was needed to cover the Traffic Regulation Order (TRO) relating to offsite highways work and highways officers confirmed that there was no evidence that there would be an unacceptable impact on the access to Moor Lane / Station Road.

Cllr Ayre moved the officer recommendation to approve the application, subject to the conditions in the report, the s106 recommendations, the amendments and additional conditions contained within the update, the additional monitoring fee of £14,000, and the additional highway works condition and the revision of the management fee for the affordable housing as discussed during the meeting.  This was seconded by Cllr Fenton.  Following a vote, with nine Members in favour and two abstentions, it was;

Resolved:  that the application be approved, following referral of the application to the Secretary of State for Communities and Local Government as outlined in the report, subject to the conditions outlined in the report, the completion of a Section 106 agreement and the revised and additional conditions contained within the update and the additional conditions outlined above.

Reason:

                i.          The application site is located within the general extent of the York Green Belt and serves a number Green Belt purposes. As such it falls to be considered under paragraph 143 of the NPPF which states inappropriate development, is by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, are clearly outweighed by other considerations. National planning policy dictates that substantial weight should be given to any harm to the Green Belt.

               ii.          In addition to the harm to the Green Belt by reason of inappropriateness, it is considered that the proposal would have a harmful effect on the openness of the Green Belt when one of the most importance attributes of Green Belts are their openness and the proposal would undermine at least three of the five Green Belt purposes. Substantial weight is attached to the harm that the proposal would cause to the Green Belt.

             iii.          It is considered that the points identified in paragraphs 5.60 to 5.73 above  are considered to amount cumulatively to’ very special circumstances’ that clearly outweigh the definitional harm to the green belt, the harm to the openness and permanence of the green belt [] arising from the proposed development.

             iv.          Approval is recommended subject to the referral of the application to the Secretary of State under The Town and Country Planning (Consultation) (England) Direction 2021 and the application not being called in by the Secretary of State for determination. The application is required to be referred to the Secretary of State as the development is considered to be inappropriate development in the Green Belt, and the proposed 6348.43 sqm of floorspace would be in excess of the 1000 sqm threshold set out in the Direction.

[17:57 the meeting adjourned for a short comfort break.]