Agenda item

Reserved matters application for the scale, layout, appearance and landscape for the erection of 133no. dwellings, 7no. self-build dwellings and associated infrastructure pursuant to outline application 18/00680/OUTM

And

Variation of Legal Agreement (affordable housing tenure mix and reallocation of Highways Sim Balk Contribution to provide bus stops) made under Section 106 of the Town and Country Planning Act 1990 (as amended) dated 27th April 2023 (in relation to 18/00680/OUTM) [Copmanthorpe Ward]

Members considered a major reserved matters application from Robert Carter for the for the scale, layout, appearance and landscape for the erection of 133 dwellings, 7 self-build dwellings and associated infrastructure pursuant to outline application 18/00680/OUTM and variation of Legal Agreement (affordable housing tenure mix and reallocation of Highways Sim Balk Contribution to provide bus stops) made under Section 106 of the Town and Country Planning Act 1990 (as amended) dated 27th April 2023 (in relation to 18/00680/OUTM).

Referring to paragraph 1.3 of the published report, the Chair reminded the committee of what could and could not be considered. The Head of Planning and Development Services noted that the application and legal agreement were being considered. She outlined the application and gave a presentation on it. She was asked and showed where York Field Lane and the self-build plots were located on the plans.

At this point, Cllr Merrett declared a non-pecuniary interest as a member of York Bus Forum. He asked and was shown where the bus stops were in relation to the crossing and the Head of Highway Access and Development noted that it was an uncontrolled crossing with the speed limit on the road being 30mph.

Members were provided with an update giving clarification on the points raised by waste services. The Head of Environment Services stated that:

‘The statement from waste services recognises in future that collections will not happen from unadopted road such as farm tracks, however for new residential estates such as the one in this applications waste collections will take place where the CYC waste and recycling crews can safely access the site and there is a road surface (temporary or completed) by which it can safely support all waste collections.’

A Member asked how this related to paragraph 5.21 of the published report and the Head of Highway Access and Development clarified that waste services would not drink on a private drive and some people on the site would have to take their waste to waste collection points. She was asked and noted that the majority if waste collection points were within 30m.

Public Speaker

Vikki Sykes (Agent for Applicant) spoke in support of the applications. She explained that the applicant had worked with consultees on the development to provide a wide range of 1 to 5 bedroom homes (predominantly 2 and 3 bedrooms) and to provide housing for older residents. She explained that a key component of the scheme was landscaping and she outlined the outdoor space, noting that it provided for a variety of ages. She added that the applicant had worked closely with the community and had made amendments to the scheme. She noted that Miller Homes committed nationally to the homes for nature scheme and she noted that there had also undertaken consultation with Network Rail.

Vikki Sykes was joined Ian Thomson (Miller Homes) and Andrew Naylor (Miller Homes) to answer Member questions. They were asked and explained that:

·        A residents management company would look after the green space and playground.

·        Joseph Rowntree Trust preferred intermediate rent provision for the 4 bedroom properties and the bungalows.

·        Planning for the phasing for the self builds was through engagement with the self-build officer and there was a condition to have delivered the road to allow access to the self-build site.

·        There was a tenure plan for private and social housing spread out through the route of the site. This was included in the S106 of the outline application.

·        Regarding the type of play equipment for different age groups they would look at products used, for example steel and wood.

Members then asked officers further points of clarification. Officers explained that:

·        The bus shelters were likely to be standing bus shelters with seating.

·        Any extension of the 30mph zone near the A64 would be through a Traffic Regulation Order (TRO) process. The Senior Lawyer advised that the TRO contribution was part of the S106 contribution for the outline planning permission. The Head of Highway Access and Development noted that the Highways Authority could look at the extension of the 30mph zone when looking at the TRO for the 20mph zone on the site.

·        Regarding the number of 4 bedroom homes being high, this was an amendment made on the comments of the Forward Plan officer.

·        A Member noted that it would be useful for Members to have information on the affordable homes split. Officers undertook to look into this for future meetings.

·        On the planning balance, the tree provision was acceptable.

Following debate, Cllr Fisher moved the officer recommendation to approve the reserved matters application for the scale, layout, appearance and landscape for the erection of 133 dwellings, 7 self-build dwellings and associated infrastructure pursuant to outline application 18/00680/OUTM and the variation of Legal Agreement (affordable housing tenure mix and reallocation of Highways Sim Balk Contribution to provide bus stops) made under Section 106 of the Town and Country Planning Act 1990 (as amended) dated 27th April 2023 (in relation to 18/00680/OUTM). This was seconded by Cllr Merrett. Separate votes were taken for each and both were unanimously approved. Therefore it was;

Resolved: That the application be approved with conditions, subject to variation to Section 106 Agreement to secure:

 - £40,000 towards bus stops on Tadcaster Road (instead of towards signal controller upgrade works at the 1036/Sim Balk Lane corridor)

 - Affordable housing mix of 71% social rent and 29% intermediate rent dwellings.

Reasons:

The proposed layout, appearance, scale, access and landscaping of the development for 140no. dwellings and open space at land off Tadcaster Road is considered acceptable and adheres to the parameters plans approved at outline planning stage. The development provides a range of house types and tenures, including bungalows, in accordance with local need. Affordable housing and self build plots are provided in accordance with outline permission conditions and the s106 legal agreement for the site. The layout provides an attractive, verdant development promoting active travel through provision of the infrastructure for walking and cycling. Amenity is protected for existing neighbours and proposed residents. The scheme accords with NPPF advice and the National Design Guide, in particular in respect of place-making and the promotion of sustainable and active travel. The scheme is also consistent with relevant policies in the Draft Local Plan (2018, as amended in 2023).

A condition is deemed necessary in respect of the listing of the approved plans. A condition requiring parking to be in place prior to occupation (and retained as such) is also deemed necessary. Other matters are already dealt with via the conditions on the outline permission. Approval is therefore recommended subject to conditions and subject to varying the s106 legal agreement with regard to the affordable housing change to intermediate rent dwellings and the inclusion of the contribution towards bus stops on Tadcaster Road.

7.0  RECOMMENDATION:    Approve with conditions, subject to variation to Section 106 Agreement to secure:

 - £40,000 towards bus stops on Tadcaster Road (instead of towards signal controller upgrade works at the 1036/Sim Balk Lane corridor)

 - Affordable housing mix of 71% social rent and 29% intermediate rent dwellings[BS1] [NS2] .