Agenda item

Public realm improvements including new green space with children's play, 30 blue badge parking spaces, creation of a circular path to the base of Clifford's Tower and works to the Eye of York, following removal of the surface level car park [Guildhall Ward]

Members considered a major full application from Ben Murphy (Head of City Development, City of York Council) for the Public realm improvements including new green space with children's play, 30 blue badge parking spaces, creation of a circular path to the base of Clifford's Tower and works to the Eye of York, following removal of the surface level car park at Castle Car Park, Castlegate, York.

The Senior Planning Officer gave a presentation on the application, detailing the proposed site plan. She was asked and showed where trees were retained and removed on the tree removal/retention plan. She was asked and clarified the boundary at the north east tip of the site. She was asked and explained that the details of the play equipment were indicative and would be a condition.

The Senior Planning Officer gave an update on the presentation noting that there had been an addition consultee response from York Liberal Jewish Community (YLJC), York Civic Trust and English Heritage. She detailed the officer responses to all the representations noting that the officer recommendation remained unchanged. The Head of Planning and Development Services noted that there had been three further representations after the update had been printed. These were from a York resident, a non York resident and from the Board of Deputies of British Jews.

Public Speakers

On behalf of York Liberal Jewish Community, Lilian Coulson spoke in objection to the application. She noted concern regarding the 1190 memorial garden suggesting that it needed amending to meet the needs of people who use it. She suggested a number of changes to the memorial garden and detailed the York Liberal Jewish Community’s submitted design. Members asked her questions to which she explained that:

·        York Liberal Jewish Community had been consulted and had suggested changes to the landscaping.

·        The radial pathway had no Jewish significance and was not suitable for disabled people.

[In response to a Member question the Chair explained that the 1190 memorial event was not a planning consideration].

Christina Funnell, Chair of York Interfaith Group, spoke in support of the application. She explained that the group brought people of different faiths together and some people had to travel out of York to practise their faiths. She noted that York was a City of Sanctuary. She fully supported the application in general and asked for the memorial garden to be expanded to include a peace garden.

Flick Williams spoke in support of the application. She welcomed the retention of 30 blue badge parking spaces and noted that the applicant had listened to feedback from disabled people. She expressed concern regarding the interim parking arrangements during the works and asked for blue badge spaces to be available during the redevelopment works.

David Staniland, agent for applicant, spoke in support of the application. He explained that the scheme transformed the car park into a high quality green space that would create an amenity to different groups in the city centre. He detailed the proposed plans and added that the proposals had been developed through stakeholder consultation. He listed the consultees and groups that had been engaged in the scheme, added that it sought to strike a balance for all users of the space.

David Staniland was joined by Ben Murphy (CYC Head of City Development) and Sally Cawthorn (CYC Regeneration Officer) to answer questions. They were asked and explained:

·        Why the memorial garden took its current form in the plans, explaining revisions to the 2022 scheme.

[Concerning the additional information provided at the meeting from a York resident, a non York resident and from the Board of Deputies of British Jews, the Chair undertook to discuss with officers, He noted that the updates were available on the planning portal].

·        Regarding concern that the hostile vehicle measures would not present a terrorist attack, there was a condition for the submission of a hostile vehicle plan and the assessment of hostile vehicle measures was explained.

·        There was no controls in the access route to the courts as the courts needed access all the time.

·        Referring to the plan on the screen, the location of trees 53, 54, 39 and 40 were shown.

·        Modelling at the loss of car parking spaces formed part of the papers to the Executive meeting on 4 November.

·        The car parking assessment considered impact on a sectoral way and they would be looking to devise solutions as part of the wider car parking strategic review.

·        The masterplan illustrated seating and there was a condition regarding the specific details on landscaping and street furniture.

·        There was provision for accessible cycles.

·        There were 15 sears in the memorial garden and the space would be distinguishable to the path. They had listed to concerns and the memorial garden was now a larger space than was submitted in July. The importance of considering the baseline level of car parking at present compared to the space being offered to the community in general was noted. There were discussions with the York Liberal Jewish Community regarding the design and orientation of the space.

·        The location of the original memorial garden was demonstrated.

·        The two electric vehicle (EV) charging points were in line with guidance and there was ducting for further EV chargers to be put in place.

·        The choices made regarding the scheme were not revenue related. The play equipment and walkway were designed to include inclusiveness.

·        The relocation of shopmobility was outside the red line boundary.

·        The interim arrangements for blue badge parking would be part of the construction management plan.

·        The council would look after ongoing maintenance of the site.

[The meeting adjourned from 6.00pm to 6.07pm]

In response to Member questions, officers responded that:

·        They did not consult on the discharge of conditions and would consult on technical matters with highways and the police.

·        Regarding whether there was scope to consider the York Liberal Jewish Community plans, the Committee had to consider the plans before it.

·        There was no technical data on the expected reduction in traffic on Clifford Street and it was expected that there would be a reduction.

·        Regarding deferral of the application, the Committee needed to consider the officer recommendation to approve the application first.

·        The conditioning of mitigation measures for blue badge parking would be included in the construction management plan.

·        There was a separate drawing showing the indicative hostile vehicle measures.

·        The hostile vehicle measures plan would not be published for security reasons.

During debate the Chair noted that the loss of revenue from car parking was not a material consideration. The Head Planning and Development Services was asked and explained that as the LA the council had permitted development rights to change the site layout.

Following debate Cllr Merrett proposed the officer recommendation to approve the application subject to an amendment to Condition 8 with the details of the disabled car parking arrangements during the construction phase and informal accessible being delegated to the Head of Planning and Development Services. This was seconded by Cllr Baxter. Following a vote with six voting in favour, two against and two abstentions, it was;

Resolved:  That the application be approved subject to an amendment to Condition 8 with the details of the disabled car parking arrangements during the construction phase and informal accessible being delegated to the Head of Planning and Development Services

Reason:     The proposed scheme is focused on delivering regeneration of the Castle Gateway area of the city centre, an area of high cultural and heritage value that suffers from a poor quality setting. The regeneration will radically enhance the setting of Clifford’s Tower and other designated heritage assets in the area while creating a high-quality area of public realm and improving the area for pedestrians. The creation of an attractive public realm and the enhancement of the setting of heritage assets while maintaining the important resource of Blue Badge parking close to the city centre aligns with the approach taken in the Local Plan to the York Sub Area (Policy DP1) and delivering Sustainable Development for the City (Policy DP2). The application, subject to appropriate conditions satisfies the Local Plan Policy requirements in relation to landscape, highways and sustainable transport, crime, ecology, biodiversity, air quality, flood risk and drainage.