Agenda item

Variation of condition 2 of application 14/02933/FULM to allow minor material amendments to the approved drawings including an increase in the height and length of the commercial development building with alterations to internal layout and an increase in cinema and restaurant floorspace; alterations to the internal layout of the East Stand and variations of permitted uses; alterations to the internal layout and permitted uses within the Leisure Centre  [Huntington/New Earswick] [Site Visit]

Members considered a major full application from Wrenbridge Sport York Limited and GLL for the variation of condition 2 of application 14/02933/FULM to allow minor material amendments to the approved drawings including an increase in the height and length of the commercial development building with alterations to internal layout and an increase in cinema and restaurant floorspace; alterations to the internal layout of the East Stand and variations of permitted uses; and alterations to the internal layout and permitted uses within the Leisure Centre.

Officers provided an update and responded to two queries which had been raised at the site visit. Officers confirmed that roof heights of the three retail stores (M&S, Next and John Lewis) at the Vangarde development was11.5m, as stated in the officer’s report, which is measured from finished floor level to the top of the parapet.

With regard to sustainability issues and in response to a query as to whether the cinema building would have solar panels, officers advised that the Vangarde permission did not require solar panels but it did require at least 10% of the predicted energy requirements to be from low or zero carbon technologies.  They explained that since then, national carbon/energy policies had undergone major changes by successive governments which included the scrapping of the government’s zero carbon building policies.  In order to conform to these changes the council had amended its Interim Planning Statement on Sustainable Design and Construction by removing both domestic and non-domestic standards including the requirement to generate a proportion of a development’s energy demand from renewable sources.

Officers advised that, separate to these changes the stadium project team had carried out a study to assess the suitability of the proposed council-owned buildings (the hub, stadium and leisure building) for photo-voltaic (PV) panels.  This study, completed in 2014, concluded that PV was not cost effective due to the costs of reinforcing the roof structures on these buildings and the falling tariffs available and the Stadium Project Board had consequently rejected the proposal.

Members were advised that Condition 15 of the 2015 planning permission for the stadium required details of the playing pitch to be submitted to and approved in writing by the local planning authority after consultation with Sport England.  Sport England subsequently had written to the council to say that they would have no objection to the omission of the playing pitch condition as it was no longer necessary.  The officers’ report of the current application therefore stated that condition 15 is no longer applicable.  However, in September 2015, details of the previous condition 15 were formally submitted and discharged.  In order to be consistent with the other conditions that have been formally discharged officers recommended that condition 15 of the current application be included as detailed in the resolution below.

Officers explained that, at the committee site visit, a question had been asked as to whether the conditions of the previous 2015 consent (14/02933/FULM) would be included in an approval of the current application.  This had been briefly addressed at paragraph 1.12 of the officers’ report.  For the avoidance of doubt officers confirmed  that the new permission would describe the whole development and list all relevant conditions of the planning permission for which the amendment is being sought.   All of the matters covered in the previous permission remained relevant and were being recommended for approval, some with minor amendments.  Some of the conditions were likely to include matters covered by conditions of the July 2012 consent for the stadium and accompanying retail development (Vangarde).  Nevertheless, that was an entirely separate application and any such conditions would only be included in an approval of the current application if they were justified.

Members questioned the proposed increased height of the light box and officers drew members’ attention to the proposed condition which required details to be submitted for this. The issue of potential overshadowing of the sports pitch was also raised and officers responded to this. Members also requested confirmation of the lawfulness of the decision to assess the application through the Section 73 process and the legal officer confirmed that the proposed changes were not considered by officers as a fundamental change and they had confirmed they were happy to deal with through a section 73 rather than requiring a new application to be made.

Mr Daniel Brown, the planning consultant, with assistance from Paul Forrest, member of the Council’s Stadium project team, addressed the committee. They confirmed that the pitch would be a reinforced grass pitch, details of which were still to be finalised, but that it would be the same as pitches which were used across the country. He advised that at some stadiums the stands were much higher than the proposals here and confirmed that although there would be some overshadowing, this was not significant.

Mr Chris Edgehill read out a statement on behalf of Honorary Alderman Brian Watson who had registered to speak at the meeting but was unable to attend. It put forward the following points:

·         Proposed changes should not be classed as minor alterations

·         Condition 29 of previous application stated that the stadium should not be demolished until alternative facilities for knights games could been found – the stadium has been demolished and there was nothing in place after this season for the Knights.

·         Paragraphs 3.4 and 3.5 contradicted each other. It was questionable how the proposed trees would alleviate the impact of the development.

·         Large increase in cinema floorspace

·         Traffic flows provided excluded Sundays but the shops were open on Sundays and the Knights played on Sundays.

·         The number of parking spaces allocated to the sports clubs, next to the stadium, had been reduced by a half.

A suggestion was put forward that a condition be added to restrict illumination of the light box to the already approved height. Officers drew members attention to proposed condition 11 which required a full lighting impact assessment to be undertaken within 3 months of commencement of development and to be submitted to and approved by the local authority, and condition 16, and advised they were satisfied that these conditions were sufficient to control any potential impact.

It was also suggested that condition 3 (landscaping scheme) be amended to state that “any trees or plants which within the lifetime of the development of the development die, are removed or become seriously damaged or diseased shall be replaced.....” , rather than requiring replacements only within the first five years after completion of the development. There was general support for this proposal.

Resolved:      That the application be REFERRED to the Secretary of State for Communities and Local Government and provided that the application is not called in for his own determination, DELEGATED authority be given to the Assistant Director of Development Services, Planning and Regeneration to APRROVE the application subject to the conditions set out in the report and the amendments to condition 3 (landscaping scheme) and condition 15 (playing pitch) below.

                        Amended Condition 3

Within three months of commencement of development a detailed landscaping plan shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall illustrate the number, species, height and position of trees and shrubs. This scheme shall be implemented within a period of six months of the completion of the development. Any trees or plants which, during the lifetime of the development, 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 alternatives are 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.

Amended Condition 15

The development shall be carried out in accordance with the playing pitch details approved by the Local Planning Authority on 6 October 2015 under application reference AOD/15/00338

Reason: To ensure that the playing field is prepared to an adequate standard and is fit for purpose.

Reason:         The development as changed would have some impact on the highway network, parking, the city centre and the character and appearance of the development, all of which are capable of being examined through the Section 73 process.  None of the proposed changes would result in a development that would be fundamentally substantially different from the approved description of the development.The scheme in this  amended form is considered to be acceptable in planning terms.