Agenda item

Erection of 1 no. dormer bungalow with attached garage to rear [Wheldrake Ward].

Members considered a full application, submitted by P Gill, for the erection of 1 no. dormer bungalow with attached garage to the rear.

 

A copy of the case officer’s update was circulated, setting out the Landscape Architect’s comments and a letter of objection from a neighbour, with attached photographs of the site.

 

Representations were received in support of the application, from the applicant’s agent.

 

Members proposed to approve the application and the case officer therefore outlined details of conditions and informatives that it was recommended to attach to any approval.

 

RESOLVED:That the application be approved, subject to the following conditions and informatives:

 

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:-

 

Plans and elevations AA/Helvington/001, 02 and 03 received by the Local Planning Authority on 27 July 2007 and cross section  AAHelvington /05 received by the Local Planning Authority on 16 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 the information contained on the approved plans, the height of the approved development shall not exceed 6.8 metres, as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

 

Reason: to establish existing ground level and therefore to avoid confusion in measuring the height of the approved development, and to ensure that the approved development does not have an adverse impact on the character of the surrounding area.

 

 4         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.

 

 5         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 to E of Schedule 2 Part 1 of that Order shall not be carried out to the dwelling house and within its curtilage without the prior written consent of the Local Planning Authority.

 

Reason:  In the interests of the amenities of the adjoining residents 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.

 

 6         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order), no windows, doors or other openings shall be inserted within the external elevations, or the roof of the approved development other than those shown on the approved plans.

 

Reason:  In the interests of the amenities of occupants of the adjacent residential properties.

 

 7         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order), the window in the side elevation of the garage shall at all times shall be obscure glazed in a type of obscure glazing to be agreed in writing with the Local Planning Authority prior to occupation of the extension. 

 

               Reason:  In the interests of the amenities of occupants of adjacent residential properties.

 

 8            The development shall be constructed in accordance with at a minimum Code 1 star of the Codes for Sustainable Homes assessment system.

 

               Reason:  To ensure that the proposal complies with the criteria of policy GP4a.

 

 9            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 that exist around the site (including proposals for their retention/protection) along with new vegetation that will be planted. The plan should include the location of the proposed house and all access routes and turning areas.  This scheme shall be implemented within a period of six months of the completion of the development.   Any trees or plants which 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 otherwise 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.

 

10         Details of all means of enclosure to the site boundaries 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.

 

11           No part of the site shall come into use until turning areas have been provided for both the proposed new dwelling and the existing dwelling in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority. Thereafter the turning areas shall be retained free of all obstructions and used solely for the intended purpose.

 

Reason:   To enable vehicles to enter and leave the site in a forward gear thereby ensuring the safe and free passage of traffic on the public highway.

 

12           Any gates shall be erected a minimum distance of 6 metres back from the carriageway of the existing highway and shall open into the site.

 

Reason:  To allow a vehicle entering or leaving the site to stand clear of, and thereby avoid obstructing the public highway, in the interests of road safety.

 

13           Prior to the development coming into use, all areas used by vehicles shall be surfaced, sealed and positively drained within the site, in accordance with details which have been previously submitted to and approved in writing by the Local Planning Authority.

 

Reason:  To prevent the egress of water and loose material onto the public highway.

 

14           The driveway shall be constructed at a minimum width of 3.7m and with a minimum height clearance of 4.5m throughout its length.

 

Reason: To ensure that the dwelling is accessible by emergency vehicles (fire tenders).

 

15           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.

 

16           Prior to the development commencing details of the measures to be employed to prevent the egress of mud, water and other detritus onto the public highway, and details of the measures to be employed to remove any such substance from the public highway shall be submitted to and approved in writing by the Local Planning Authority. Such measures as shall have been approved shall be employed and adhered to at all times during construction works.

 

Reason:  To prevent the egress of water and loose material creating a hazard on the public highway.

 

17           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 workings on Sundays or public holidays.

 

               Reason: To protect the amenities of adjacent residents.

 

18           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 1:

 

               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 £2,154.

 

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.

 

INFORMATIVE 2:

 

If, as part of the proposed development, the applicant encounters any suspect contaminated materials in the ground, the Contaminated Land Officer at the council's Environmental Protection Unit should be contacted immediately.  In such cases, the applicant will be required to design and implement a  remediation scheme to the satisfaction of the Local Planning Authority.  Should City of York Council become aware at a later date of suspect contaminated materials which have not been reported as described above, the council may consider taking action under Part IIA of the Environmental Protection Act 1990.

 

The developer's attention should also be drawn to the various requirements for the control of noise on construction sites laid down in the Control of Pollution Act 1974.  In order to ensure that residents are not adversely affected by air pollution and noise, the following guidance should be attached to any planning approval, failure to do so could result in formal action being taken under the Control of Pollution Act 1974:

 

1.      All demolition and construction works and ancillary operations, including deliveries to and despatch from the site shall be confined to the following hours:

 

Monday to Friday08.00 to 18.00

Saturday09.00 to 13.00

Not at all on Sundays and Bank Holidays.

 

2.      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".

 

3.      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.

 

4.      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.

 

5.      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.

 

6.            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 the impact on the local environment and neighbours' privacy, outlook and light. As such the proposal complies with Policy  GP1, GP10, NE1, H4a and GP4a of the City of York Local Plan Deposit Draft.