Agenda item

[This application was considered with the following application on the agenda: Minster School, Deangate, York YO1 7JA [21/01536/LBC]

Members considered a full application from Alexander McCallion for the Change of use of former school to York Minster refectory (use class E) to include new restaurant, kitchen and plant, creation of level access, installation of platform lift, new service doors, re-roofing, integration of solar PV panels and external repairs; and creation of a new Public Open Space, including external landscape improvements, gazebo, parasol bases, ice cream hut, railing relocation, cycle parking and cycle service hub at The Minster School, Deangate, York.

The Head of Planning and Development Services gave a presentation on the applications outlining the site location plan, elevations, locations of lifts and toilets, examples of photo voltaic (pv) slates to be used on the roof (it was clarified that the blue slates on the plan denoted the location of the pv slates).

In response to Member questions, the Head of Planning and Development Services and officers were then asked and explained that:

·        The existing slate roof was Westmoreland slate and the proposed slate was based on welsh slate which was more blue in colour. By virtue of the change, there was harm, but this was outweighed by public benefit.

·        The applicant was aware of the highways concerns and would need to address this.

·        There was an underprovision of cycle parking and there were other cycle parking facilities nearby.

·        Any increase in cyclists was not considered to be the effect that more cycle parking was needed.

·        The council Conservation Architect had objected to all elements of the scheme.

The Conservation Architect was in attendance to answer questions. He was asked and confirmed that:

·        With regard to the replacement roof, with listed buildings, replacements needed to be like for like.

·        The roof lights were a later addition and were a part of the listing. Should the application be approved, the changes to the building within it would become part of the listing.

·        The windows were original to the building.

Officers were then asked and clarified that:

·        Locating cycle parking elsewhere could be conditioned.

·        The gazebo was part of the landscaping and the proposed seating and gazebo would be located where the existing climbing frame was.

·        The site was within the scheduled monument which entailed limited permitted development.

·        The play equipment was exclusively for use when the building was a school.

·        Officers could ask Sport England if the cricket nets were classed as sports use and would need Secretary of State approval.

·        Condition 19 (landscaping and planting) could be for the lifetime of the development.

Public Speakers

Mike Fisher spoke in objection to the application. He explained that the Minster Neighbourhood Plan was undergoing inspection. He asked about the environmental cost of the plans for the museum in Deans Park. He added that there was over 60 food outlets nearby and suggested that locating the museum in the school would negate the need for the museum to be located in Deans Park.

Alexander McCallion (Director of Works & Precinct at York Minster – Applicant) and Maria Boyce (Agent for Applicant) spoke in support of the application. Alexander McCallion explained that the neighbourhood plan had been in development since June 2018 and sustainability was the thread running through the plan. He felt there was a moral need to address the climate emergency and he wanted the pv tiles to be used as an exemplar. He noted the Minster was an incredibly fragile building and they wanted to be a good neighbour.

Maria Boyce explained that there was a conservation led approach to the application and there had been consultation with stakeholders. She noted that the harm was outweighed by public benefit and she then listed the public benefits, noting that the benefits were integral to the future of the Minster’s viability.

Alexander McCallion and Maria Boyce were asked and noted:

·        The timeline for the plans for the change of use of the building.

·        They would work with officers on cycle parking to address the loss of 40 cycle parking spaces.

·        There would be 30 cycle parking spaces and a cycle hub.

·        Regarding accessibility and disabled cycle parking, this application was the first in a series of projects and they would be happy to look at disabled cycle parking.

Christina Funnell spoke in support of the application. She noted that York Minster was the only cathedral in the country with no catering facilities. She had been a volunteer at the Minster for a number of years and added that the Minster Community Committee supported the application. She noted widespread support for a public park and planting for biodiversity. She added that it was important that the Minster took a lead on this, with Historic England using it as an exemplar.

Cllr Craghill (Ward Cllr) spoke on the application. She welcomed the recommendation for approval but noted concern regarding the proviso of specific solar slates which would be less efficient in terms of energy creation. She asked the committee to consider if this was right to approve and she requested the removal of condition 22 to meet carbon reduction targets. She added that there was a need for all businesses in York to step up on carbon reduction and noted this was a good way forward for the building.

Officers were then asked and responded to further Member questions as follows:

·        The condition referring to the disposal of glass could be changed to 9pm.

·        The Conservation Architect was asked and explained that there would be a greater level of harm if solar roof panels were used instead of PV tiles. The Head of Planning and Development Services clarified that the use of pv slates would cause less than substantial harm.

·        Regarding the use of solar panels if they could not be seen from the public realm, they would be seen from a Grade 1 listed building.

Following debate Cllr Warters moved approval of the application. This was seconded by Cllr Fenton. Following a unanimous vote it was:

Resolved: That the application be approved subject to the conditions listed in the report and following amended and additional conditions:

Amended Condition 13

Landscaping and planting to be in perpetuity

Amended Condition 19

The disposal of glass to be 9am to 9pm daily

Additional Condition

To ensure that there was full allocation of cycle parking in the surrounding area.

Reason:

                     i.        Regard is had to the advice in Paragraph 199 of the NPPF that when considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation (and the more important the asset, the greater the weight should be) and to the legislative requirements to give considerable importance and weight to harm to a listed building and conservation area. The public benefits of the proposal are summarised at paragraphs 5.119 to 5.125 above. Whilst it is acknowledged that elements of the proposed development will give rise to varying degrees of harm to the listed building, Minster Precinct and Conservation Area. It is on balance considered that these less than substantial harms would be outweighed by the public benefits the proposals would bring about even when giving great weight to the conservation of these assets. The proposals would deliver a very clear objective of the draft Minster Neighbourhood Plan whilst also bringing a currently dormant building back into meaningful use. The proposals would also facilitate the provision of what could become an important publicly accessible space within the precinct. There are elements which need to be managed to ensure that the proposals do not adversely harm the residential amenity of the area. However it is considered that these can be suitably dealt with via the range of conditions recommended within this report and as set out below.

                    ii.        Overall the proposals are considered to accord with the relevant policies contained within the 2018 DLP, the Draft Minster Neighbourhood Plan and National Planning Policy Framework (NPPF).

At this point in the meeting, Cllr Barker was asked and confirmed that his declaration of interest [of his wife’s employment at the Minster] was non prejudicial.