Agenda item

Demolition of existing car showroom (sui generis) and erection of a purpose-built student accommodation (sui generis) with up to 220 units and associated landscaping and parking [Guildhall Ward]

Members considered a major full application from Danehurst Developments Limited for the Demolition of existing car showroom (sui generis) and erection of a purpose-built student accommodation (sui generis) with up to 220 units and associated landscaping and parking at Turnbull Mazda, 17 - 27 Layerthorpe, York.

The Head of Planning and Development gave a presentation on the application. Following her presentation, she was asked and showed on the screen where the site was in flood zone 3. She responded to Member questions by explaining:

All accommodation was above the 10.97m flood risk height, the issue was that the communal area was lower than the 100 year flood risk height of 10.6m.

The flood risk assessment was from the Environment Agency.

Public Speakers

Matthew Roe, Agent for the Applicant, spoke in support of the application. He explained that he was surprised to be at Committee as they had been working with the council since 2023. He explained that the scheme had reduced from 289 to 222 beds. He noted that he had a meeting with officers on 10 October 2025 to discuss the application and believed that all issues raised could be addressed. He then addressed the reasons for refusal. The noted that the accommodation was aimed at second and third year students and postgraduates. He thought it was too premature to determine and asked for a deferral.

Members asked Matthew Roe questions on the application to which he explained:

·       Regarding the site being marketed, the car dealership was moving somewhere else. The employment report went through different types of employment and the site was unviable. He added that all car dealerships had moved to outside the city.

[The Chair noted that policy EC2 made clear the marketing of the site].

·       Concerning a clear plan for getting students in and out of the building at the beginning and end of term, there were 4 car parking spaces and there would be a booking system.

·     Consultants agreed with the Environment Agency that there would be advance warnings of flooding and students would be able to stay on site during flooding.

·     Negotiation was ongoing about the offsite housing contribution and the level of funding was still under negotiation.

·     The contribution from an independent assessment was a matter of negotiation between the council and the applicant.

[At this point the Head of Planning and Development Services advised the Committee that there were at a point where they needed to decide the application].

Cllr Whitcroft proposed the officer recommendation to refuse the application. This was seconded by Cllr Cullwick, and following a unanimous vote is was:

Resolved:   That the application be refused.

Reasons:

1.    The proposed redevelopment of the site would conflict with policy EC2 Loss of Employment Land.  The application does not demonstrate that the site is not viable in terms of market attractiveness, business operations, condition and/or compatibility with adjacent uses; and nor does it demonstrate that the proposal would not lead to the loss of an employment site that is necessary to meet employment needs during the plan period.  The proposals are therefore contrary to the Local Plan in respect of delivering the city's economic ambitions by providing sufficient land to meet the level of growth set out in the Spatial Strategy in policy SS1: Delivering Sustainable Growth for York.

2.    The scheme is contrary to policy H7: Student Housing in that there is no agreement in principle that the rooms in the development are secured through a nomination agreement for occupation by students of one or more of the University of York and York St. John University.  The proposals are contrary to the requirements of policy H7 which seeks to control occupy to ensure that development only comes forward when it is needed and that it does not suppress affordability of accommodation and delivery of affordable housing in general.  The scheme is contrary to the deliverability of affordable housing as explained in the spatial strategy, in policies H7: Student Housing and SS1: Delivering Sustainable Growth for York.  There is also conflict with policy SS3: York City Centre specifically the principle to deliver sustainable homes that provide quality, affordability and choice for all ages, including a good mix of accommodation.

3.    The scheme is unacceptable on flood risk grounds; the site is in Flood Zone 3 and the scheme is not designed to adequately mitigate against flood risk against current and future flood events.  It does not provide for access and egress during a flood event and the majority of the ground floor area would be unprotected without demountable flood barriers.  The scheme is also not appropriate in Flood Zone 3 as it has not been sufficiently demonstrated the Sequential Test is passed.  The proposals are contrary to policy ENV4: Flood Risk and contrary to policies in the NPPF in respect of meeting the challenge of climate change, flooding and coastal change. 

4.    The proposals due to the amount, scale and form of development proposed, would be overbearing and over-dominant in its context and wider setting and fail to respect the qualities of the urban grain of the riverside in the vicinity of the site. The unacceptable scale and built form would result in a lack of appropriate landscaping being achieved. The proposal is therefore unacceptable in design terms, would fail to respect, conserve or enhance the special historic character of the city centre and setting of the riverside. The proposals conflict with Local Plan policies SS3: York City Centre, D1: Placemaking, D2: Landscape setting and GI6: New Open Space Provision. 

5.    Due to the lack of active travel provision within the public realm in the vicinity the site (in the form of a safe and LTN 1/20 compliant cycle lane on Layerthorpe and footpath improvements) the proposals fail to sufficiently contribute towards delivering a fundamental shift in travel by prioritising and improving pedestrian and cycle networks. The scheme is unacceptable in active travel terms and not compliant with Local Plan policies DP2: Sustainable Development and T1: Sustainable Access and the Local Transport Strategy 2024-2040 (as referred to in section 14 of the Local Plan) in respect of providing safe and suitable pedestrian and cycle networks associated with maximising the use of more sustainable modes of transport, reducing carbon emissions and improving active travel, health and wellbeing.  

6.    The scheme would overdevelop the site and be of excessive massing and scale to the extent it would detrimentally effect views of and dominate and challenge the prominence of landmark buildings (the York Minster (Grade I) and Country House (Grade II)) on the townscape.  The impact on views and townscape is regarded to be less than substantial harm on the setting of the conservation area and the setting of listed buildings; a modest level of less than substantial harm.  The identified harm would not be offset by sufficient new public open space (in size and landscape typology) that would consequently better reveal views of the Central Historic Core Conservation Area and views of Listed Buildings in their townscape context.  The are not regarded to be public benefits to outweigh the harm.  There is conflict with Local Plan policies D4: Conservation Area and D5: Listed Buildings.    

7.    The scheme would not enhance the biodiversity of the River Foss and its bank and such measures are deemed appropriate in this instance.  The proposals are therefore contrary to policy GI2: Biodiversity and Access to Nature which seeks to conserve and enhance all sites and areas of biodiversity value in York.    

8.    The lack of planning obligations offered in respect of affordable housing and open space contributions are contrary to Local Plan policies H7: Student Housing and GI6: New Open Space Provision. The scheme is contrary to the vision and development principles of the Local Plan, within policy DP2: Sustainable Development; to provide good quality homes, addressing the housing and community needs of York's current and future population and to preserve and enhance York's green infrastructure and policy SS1: Delivering Sustainable Growth for York, in respect of delivering at least 45% of the 9,396 affordable dwellings that are needed to meet the needs of residents unable to compete on the open market.

[Cllr Ayre left the meeting at 7.53pm].