Agenda item

Outline application for residential development comprising houses and apartments after demolition of existing warehouse and plant.

Members considered a major outline application, submitted by Tarmac Ltd and Blackwell Ltd, for residential development comprising houses and apartments after demolition of existing warehouse and plant.

Officers updated that written representations had been received from Councillors Alexander and Bowgett, Ward Councillors. They stated that they objected to the planning application, in relation to the North West Area Action Plan, access to the site and the burden on Millthorpe School.

Officers also updated that if Members were minded to approve the application they would recommend an additional condition to limit the application to 80 residential units. Copies of illustrative plans were distributed for Members information. 

Representations were received in objection to the application from a resident of Ouseacres. He stated that the proposals would lead to overshadowing, light pollution and would have an environmental impact on the area. He also raised issues regarding road safety issues, and the traffic assessment carried out.

Representations were received in objection to the application from a resident of Prior Walk, regarding the proposals for and location of green areas. He stated that the areas would attract teenagers and would affect the privacy of residents.

Representations were received from the agent for the applicant in support of the proposals. He stated that the report deals with any objections that have been raised. With regard to traffic a full traffic assessment had been submitted, showing the proposals would have no material impact on traffic levels. The outline application was supported by Officers and the affordable housing provision had been increased to 37.5%.

Members discussed the implications with regard to York North West/York Central Area Action Plan, and were informed by the council’s legal officer that refusal on prematurity grounds would not be appropriate in this case.

Members discussed height of the proposed dwellings, access and highway issues, issues relating to the traffic assessment carried out, and noise and vibration from the railway line.

RESOLVED :That the application be approved subject to the a Section 106 agreement which refers to the provision of an on site LEAP approved children's play area, on site amenity space, affordable housing provision and education contribution, and subject to the conditions and informatives outlined in the report, and the following additional conditions and informatives :

                                    31        Construction work shall not begin until a written scheme for protecting the proposed noise sensitive development from noise has been submitted to and approved in writing  by the Local Planning Authority.  The scheme shall ensure that the noise level in the gardens of the proposed properties shall not exceed 50 dB LAeq (16 hour) between 0700 hours and 2300 hours and all works which form part of this scheme shall be completed before any part of the development is occupied.

                                    Reason:          In the interest of the amenity of the future residents of the development

32Prior to commencement of  the development, an Acoustic Noise and Vibration survey shall be undertaken on the likely effects of vibration from rail traffic on the proposed residential development.  The survey must take account of the proposed building construction, so that in addition to measurement of vibration levels at ground level, the vibration frequencies of rail movements and those of wall and floor structures of the proposed dwellings can be assessed. A report shall incorporate an appropriate scheme of mitigation and remedial measures, where appropriate, which shall be approved in writing by the Local Planning Authority prior to commencement of the development.   The approved scheme shall be carried out in its entirety prior to the occupation of any dwelling within the application site.

Reason:In the interest of the amenity of the future residents of the development

33The hereby approved development shall be limited to 80 units only

Reason:The impact upon the surrounding highway network was based on a Transport Assessment for a development of 80 units. Any increase in the number of unit may result in unacceptable highway implications to the detriment of the free flow of traffic within the locality

Informative :

6. The developer is requested to produce a scheme which respects the height of the existing residential properties bounding the site and does not have any detrimental impact upon their amenity

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 the loss of employment land, neighbouring residents amenity, traffic implications, existing landscape features, sustainability, educational facilities, the provision of open space or affordable housing. As such the proposal complies with Policy H1 and H8 of the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies E3b, H4a, H5a, H3c, H2a, GP1, GP4a, ED4 and L1c of the City of York Local Plan Deposit Draft.