Agenda item

Erection of four storey block and 2 storey block for student accommodation (100 bedrooms) with association cycle and vehicle parking and bin storage following demolition of existing building [Guildhall Ward]

[Note: Councillor Reid withdrew from the meeting during consideration of this item and took no part in the debate or decision thereon.]

 

Members considered a major full application by Residential Capital (York) Ltd for the erection of four storey block and 2 storey block for student accommodation (100 bedrooms) with association cycle and vehicle parking and bin storage following demolition of existing building at Horwell Brothers Ltd Coal Yard, 11 Mansfield Street, York.

 

Members were provided with an Officer update which advised that

amended plans had been submitted to identify the areas to be an adopted highway to allow for the turning of service vehicles within the site.  The amended plans also showed a 500mm increase in the height of the second building in order to provide a clear ceiling height to accommodate the 2 tier cycle racking system. Members were also advised of revisions to conditions 2, 15, 16, 17 and 29 and informative for condition 17.

 

Members asked a number of questions in relation to the application and were advised that:

·        How the car parking spaces would be allocated was not known

·        There was no parking restrictions for residents parking in Mansfield Street

·        The site could only be accessed from Mansield Street 

·        The increase in the height of the building did not impact on views of the bar walls and there was no City of York Council policy for the height of buildings in proximity to the bar walls

 

During debate on the application, a number of Members raised concern regarding the impact of parking. They asked if a Section 106 agreement could be required to prevent residents owning cars. Officers advised that there were no grounds to require this and there was no Section 106 agreement in the previous submission of the application.

 

Officers were asked and explained that the landscaping of the scheme was set out under condition 4. It was clarified that the landscaping could be conditioned to last the lifetime of the scheme.

 

Resolved: That the application be approved subject to the

conditions listed in the report, amended condition 4 and revised conditions 2, 15, 16, 17 and 29 and revised informative for condition 17 below:

 

Revised condition 2 (new parts in bold)

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

 

17029-P100 F Site plan proposed

17029-P105 D Elevations proposed

17029-P106 D Elevations proposed

17029-P112 B Elevations proposed

17029-P111 B Elevations proposed

17029-P101 C Floor plan (ground floor) proposed

17029-P102 B Floor plan (first floor) proposed

17029-P103 B Floor plan (second floor) proposed

17029-P104 C Floor plan (third floor) proposed

17029-P107 D Roof plan proposed

17029-P108 F Detached Cluster ground floor plan proposed

17029-P109 C Detached Cluster first floor plan proposed

17029-P110 E Detached Cluster proposed elevations

17029-P120 A Boundary Treatment

Flood Evacuation Plan dated 23 February 2018

 

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

 

Revised condition 15 (new parts in bold)

The development shall not be occupied until the cycle parking areas in the detached cluster building and the visitor spaces have been provided in accordance with the approved plan 17029-P100 F (site plan) and 17029-P108 F (detached cluster ground floor plan).  These areas shall not be used for any purpose other than the parking of cycles. 

 

Reason: To promote use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

 

Revised condition 16 (new parts in bold)

The buildings hereby approved shall not be occupied until the areas as shown on the approved plan 17029-P100 F, for parking and manoeuvring of vehicles have been constructed and laid out in accordance with these approved plans, and thereafter such areas shall be retained solely for such purposes.

 

Reason:  In the interests of highway safety.

 

Revised condition 17 (new parts in bold)

 No part of the development shall be occupied until the highway layout, as shown on the approved plans (including new footway and turning head shown on drawing 17029-P100 F (subject to highways agreements)) have been completed.

 

Revised condition 17 informative

These works are to be documented in a Section 38 Agreement or similar highways agreement.

 

Reason: To ensure that there is on site facilities to turn service vehicles within the site, in the interests of highway safety.

 

Revised condition 29 (new parts in bold)

Before either of the two buildings are occupied, you shall provide the separate stores for waste and materials for recycling as shown on drawing number 17029-P108 F. You must clearly mark them and make them available at all times to everyone using the student accommodation.

 

Reason: In the interests of achieving a sustainable development in accordance with the requirements of GP4a of the City of York Development Control Local plan and paragraphs 2.1 to 2.4 of the Interim Planning Statement 'Sustainable Design and Construction' November 2007.            

 

Amended condition 4(new parts in bold)

Prior to occupation a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority.  The landscaping scheme shall illustrate the number, species, height and position of trees and shrubs to be planted.  This approved scheme shall be implemented within a period of six months of the completion of the development.  Any trees or plants which within the lifetime of the scheme 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: The plans do not currently show the landscaping details to ensure that landscaping includes variety, suitability and disposition of species within the site.

 

 

 

 

 

 

Reason:    

 

                     i.        As the development plan is absent, silent or out-of-date, the presumption in favour of sustainable development set out in the second limb of paragraph 14 of the NPPF is engaged. This directs that planning permission should be granted unless any harm significantly and demonstrably outweighs the benefits. This forms the policy basis for the determination of this application, alongside other material considerations.

 

                    ii.        The site is previously developed land, sustainably located close to the city centre.  The principle of encouraging the effective use of land by reusing land that has been previously developed is supported by the NPPF.  Student Housing can relieve the pressure on 'traditional' housing and provide a level of employment.  The NPPF seeks to boost significantly the supply of housing and to encourage sustainable economic use as such as the general thrust of the NPPF is supportive of the development proposed.

 

                   iii.        As with the previous scheme, the loss of the employment site is supported and there is a need for student housing.  The Publication Draft York Local Plan policy ED10 (student Housing) says planning applications for off campus residential accommodation on windfall sites should meet a series of criteria.  The applicant must demonstrate an identified need for the development and give consideration to accessibility to educational establishments by means other than the car, the scale and location of the development should be acceptable and the impact of nearby residents should not be detrimental.  Car parking must also be satisfactorily managed.  In accordance with draft policy ED10 it is considered that the applicant has shown the need for the development.

 

                  iv.        Furthermore it is considered that the site has an acceptable relationship to adjacent development, and the additional two storey block, would not impact upon the amenity of the residents of the main block and would provide an acceptable standard of amenity for the occupiers of the block itself. Management of the car parking would be conditioned.  The application is considered to comply with the requirements of policy ED10.

 

                   v.        The application has been informed by a site-specific flood risk assessment following a sequential test and the exception test to ensure that flood risk is not increased elsewhere and further demonstrates that the development is appropriately flood resilient and any residual risk can be safely managed. The sequential and exception test in respect to flood risk are accepted and the proposals complies with paragraphs 100-103 of the NPPF in this regard.

 

                  vi.        In conclusion, it is considered that the proposed scheme would not have adverse impacts that would significantly and demonstrably outweigh its benefits when assessed against the policies in the NPPF taken as a whole , taking into account the details of the scheme and any material planning considerations. The proposal is thus sustainable development for which the NPPF carries a presumption in favour.