Agenda item

Reserved matters application for residential development comprising 360 dwellings after demolition of existing college (Resubmission)

Members considered a major reserved matters application, submitted by George Wimpey Ltd, Shepherd Homes Ltd and Magna Holding Ltd, for residential development comprising 360 dwellings after demolition of existing college (resubmission).

Officers updated on drainage, that as a result of the comments of the Environment Agency a revised drawing had been submitted showing an additional length of swale alongside plot 148, adjacent to the northern boundary of the site, and that the remainder of this boundary would be piped in as originally proposed. There were no objections from the Environment Agency and the Council on these revised drainage proposals.

Officers also updated that the affordable housing plan required by the Section 106 agreement had been completed, and that following on from the site visit to view the proposals from St Leonards Hospice the applicant had agreed to delete the landscaped bund from alongside the boundary with the hospice, and erect an acoustic fence along this length of the southern boundary of the site.

Officers also updated on proposed amendments to the following if Members were minded to approve the application, relating to condition 6, 13, 15, and 20.

Representations were received in objection to the proposals from a resident of Lycett Road. He raised issues regarding drainage and flooding, and distributed photographs to Members showing flooding.

Representations were received in objection to the proposals from a resident of Lycett Road, raising issues regarding loss of privacy relating to the angle of the proposed dwellings, close proximity to existing dwellings, height of the proposed dwellings and drainage and flooding.

Representations were received in objection to the proposals from a resident of Middlethorpe Drive relating to the fact that the majority of dwellings are three-storey and the loss of trees. He also requested that the wall from 157 Tadcaster Road along the northern boundary along Middlethorpe Drive be retained through a planning condition.

Representations were received in support of the application from the agent for the applicant relating to drainage and utilisation of the swale, heights of the proposed dwellings, the removal of the bunds and an acoustic fence for the hospice boundary, and that they would accept a boundary treatment condition.

Cllr Moore spoke from the floor on behalf of St Leonards Hospice, regarding the boundary of St Leonards Hospice and the proposed dwellings, car movements, fencing and planting type for the boundary, and lighting for the cycle/footpath.

Cllr Holvey spoke as Ward Councillor, and stated that not all the issues that had been raised previously when the item was deferred had been addressed. These related to flooding, three-storey dwellings, and privacy for Lycett Road residents. He stated that the application should be refused but if Members were minded to approve the application he would request that the conditions be added regarding boundary treatment, retention of the wall from 157 Tadcaster Road along the whole of the northern boundary with Middlethorpe Drive,consultation with the Police Architectural Liaison Officer regarding alleyways, and ownership of the ditches.

Members discussed general boundary issues, height issues relating to 2 ½ storey dwellings, boundary issues relating to the hospice boundary, retention of trees, drainage issues and maintenance of the swale, and the additional conditions proposed by Cllr Holvey, Ward Councillor.

RESOLVED :            That the application be approved subject to the conditions outlined in the report , subject to the following amendments and additional conditions :

• Condition 6 be deleted
• Condition 13 be deleted

17           No development shall commence unless and until details of provision for the future maintenance of the public open space within the site, or alternative arrangements, have been submitted to and approved in writing by the Local Planning Authority. The public open space shall then be maintained in complete accordance with the approved scheme, or the alternative arrangements agreed in writing with the Local Planning Authority.

Reason: In order to ensure that adequate arrangements are in place for the future maintenance of the public open space, in the interests of amenity of future occupiers of the proposed development.

Informative: The alternative arrangements referred to in 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 to be paid to the Council towards the future maintenance of the open space. The obligation should provide for a financial contribution calculated at £200,000.

18           Prior to the commencement of the development, a scheme shall be submitted for the written approval of the Local Planning Authority to secure the identification and recording, or conservation and re-erection/preservation of the following on-site features:

- the ice house located at the rear of 32/34 Middlethorpe Drive, in the vicinity of plots 225, 226, 230 and 231

- the weather vane on the outbuilding adjacent to Ashfield House

Reason: In order to ensure that the features of local historic importance referred to are adequately preserved.

19               Nothwithstanding the details shown on the submitted layout plan (Reference 1950-100-Rev X), and prior to the commencement of the development, the applicant shall submit to the Local Planning Authority a scheme for the treatment of the area adjoining the common boundary with St Leonard`s Hospice. This shall include the removal of the bund shown on Drawing no. 1950-100-Rev X,  the provision of an acoustic fence along the common boundary, details of which shall be submitted to and agreed in writing by the Local Planning Authority prior to its erection, and details of the landscaping of the area previously shown to be utilised for the provision of the bund. The fence shall be erected prior to the commencement of any development on the site, and the landscaping shall be carried out in accordance with the requirements set out in condition 11 above.

Reason: In order to protect the amenity of the occupiers of St. Leonard`s Hospice.

And that it be delegated to Chief Officer, Chair and Vice Chair regarding the boundary treatment for the southern boundary.

REASON :                 The proposal, subject to the conditions listed in the report and above, would not cause undue harm to interests of acknowledged importance, with particular reference to layout and design of the development, impact on adjacent occupiers, planning out crime, sustainability, landscaping/tree loss, nature conservation, highway safety/car parking, affordable housing/mix of house types, public open space provision, education provision, drainage, archaeology, noise, vibration, dust, contamination

As such the proposal complies with Policies H1, H5, GP1, GP3, GP9, NE1, NE7, T2, T4, T7, H2 and ED4 of the City of York Local Plan Deposit Draft.