Agenda item

Internal and external alterations associated with the redevelopment of 19 to 33 Coney Street and 39 Coney Street to 2 Spurriergate (involving conversion and new build elements) following full and partial demolition of buildings [Guildhall Ward]

This application was considered in conjunction with the previous application (site of 19 to 33 Coney Street York 22/02525/FULM). This was an application from Helmsley Securities Limited for Listed Building Consent for internal and external alterations associated with the redevelopment of 19 to 33 Coney Street and 39 Coney Street to 2 Spurriergate (involving conversion and new build elements) following full and partial demolition of buildings. Following debate, Cllr Whitcroft proposed the officer recommendation to approve the application subject to referral to the Secretary of State and the conditions detailed in the published report. This was seconded by Cllr Melly. Following a vote with ten voting in favour and one vote against, it was;

Resolved: That the application be approved subject to referral to the Secretary of State and the conditions detailed in the published report.

Reasons:

1.   The principle of the development, in terms of the composition of uses proposed, accords with the economic and social objectives of the NPPF, in respect of the economy and supporting vibrant communities and delivering a range of homes.  It is also consistent with DLP 2018 policy SS3 which relates to the city centre and its role in achieving the economic and social aspiration of the plan.  In applying the NPPF the decision-maker must give significant weight to the economic benefits of the scheme (paragraph 85) and substantial weight to the delivery of housing that meets an identified need (paragraph 124).  The provision of new public realm is also a substantial benefit the scheme would deliver. 

2.   When a local planning authority finds that a proposed development would harm the special architectural or historic interest of a listed building or would harm the character or appearance of the Conservation Area, the authority must give considerable importance and weight to the desirability of avoiding such harm to give effect to its statutory duties under sections 16 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

3.   The scheme would not cause harm to the listed buildings the subject of this application.  The scheme would cause less than substantial harm, at the lower end of the scale, to the character of the Conservation Area.  Substantial public benefits have been identified that clearly outweigh the harm and these are set out in paragraph 5.21 of thes report.

4.   There are multiple public benefits to the scheme which cumulatively are substantial; they are economic, social and environmental.  These public benefits are also to the significance of the listed buildings the subject of this application and include putting them to a use consistent with their conservation, as advocated by NPPF section 16.  The external works improve the significance of the listed buildings, including by better revealing their historic scale and form and the internal works preserve remaining historic plan form and bring the upper floors back into use.  In applying paragraph 196 of the NPPF, which advises that the harm should be weighed against the public benefits of the proposal, the public benefits of the scheme overall clearly outweigh the harm and justify approval of the scheme, notwithstanding the considerable importance and weight attached to this harmful impact.

5.   If the Council were minded to approve the application, then referral to the Secretary of State would be required; due to the objection from a statutory consultee which is one of the amenity societies, in accordance with the Arrangements for Handling Heritage Applications - Notification to Historic England and National Amenity Societies and the Secretary of State (England) Direction 2021.