Agenda item

Change of use from care home to two dwellings, part demolition of rear extension, pitched roof single storey side/rear extension to No. 100, single storey pitched roof rear extension to No. 98 and one single and one double garage. [Micklegate Ward]

Members considered a full application submitted by Ms J Lenthall for the change of use from a care home to two dwellings, part demolition of rear extension, pitched roof single storey side/rear extension to 100 Bishopthorpe Road and a single storey pitched roof rear extension to 98 Bishopthorpe Road and one single and one double garage.

Officers updated that additional conditions regarding noise insulation and cycle parking had now been added (detailed below). Condition 3 had been amended to refer to re-use of bricks and the informative linked to condition 6 had been amended to indicate that the contribution required was now £3888.

Representations in objection were received on behalf of a local resident. The resident had raised the following concerns:

·        The proposals appear cramped and cluttered and as such undermine the character and appearance of the street scene and the conservation area

·        Location of proposed garages

·        The proposal over caters for private vehicles

·        In their current form the proposals are contrary to the City of York Draft Deposit Local Plan and Policy GP1 Design

Representations were received, in support, from the Applicant’s agent who stated that the proposed development was not within the conservation area. He said that if the garages were to be relocated then access to them would be compromised and cause highway problems.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and the following amended and additional conditions:¹

                                    Amended Condition 2:

                                    The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details: -

Drawing number BS 1846/PL01

Drawing number BS 1846/PL02

Drawing number BS 1846/PL03 rev C received 13 December 2007

Drawing number BS 1846/PL04 rev C received 13 December 2007

or any plans or details subsequently agreed in writing by the Local Planning Authority as an 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.

                                    Amended Condition 3:

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 to include reused bricks from the demolished building 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.

Amended Condition 6

INFORMATIVE:

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 £ 3888.

Additional Conditions

Condition 9    Prior to commencement of the development, a scheme of noise insulation for the wall adjacent to the existing dwelling at 1 Richardson Street shall be submitted to the local planning authority for written approval. Once approved, the scheme shall be fully implemented.

                                    Reason: To protect the amenity of the adjoined neighbouring residents

                                    Condition 10  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.

REASON:                  That the proposal, subject to the conditions outlined in the report and above, would not cause undue harm to interests of acknowledged importance, with particular reference to the character of the area or residential amenity. As such the proposal complies with Policy GP1, H4a and L1c of the City of York Local Plan Deposit Draft.