Agenda and minutes

Venue: The George Hudson Board Room - 1st Floor West Offices (F045). View directions

Contact: Angela Bielby  Democracy Officer

Items
No. Item

25.

Declarations of Interest [19:46]

At this point in the meeting, Members are asked to declare any disclosable pecuniary interest or other registerable interest they might have in respect of business on this agenda, if they have not already done so in advance on the Register of Interests.

 

 

Minutes:

Members were asked to declare, at this point in the meeting, any personal interests, not included on the Register of Interests, or any prejudicial or disclosable pecuniary interests they may have in respect of business on the agenda. None were declared.

 

26.

Public Participation [19:46]

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.

 

Please note that our registration deadlines have changed to 2 working days before the meeting, in order to facilitate the management of public participation at meetings.  The deadline for registering at this meeting is 5:00pm on Monday 3 October 2022.

 

To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form.  If you have any questions about the registration form or the meeting, please contact Democratic Services.  Contact details can be found at the foot of this agenda.

 

Webcasting of Public Meetings

 

Please note that, subject to available resources, this meeting will be webcast, including any registered public speakers who have given their permission. The meeting can be viewed live and on demand at www.york.gov.uk/webcasts.

 

Minutes:

It was reported that there had been one registration to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee A. Johnny Hayes explained that when CYC developed its own projects there had been serious public concern about how these were handled in the planning process. He added that the ombudsman had expressed concern regarding planning. He noted his concerns regarding a number of aspects in the determination of planning applications. In respect of the National Railway Museum central hall application on bring considered at the meeting, he noted that flaws in the planning system that were behind the public outrage to the application.

 

27.

At this point in the meeting members of the public who have registered to speak can do so. Members of the public may speak on agenda items or on matters within the remit of the committee.



Please note that our registration deadlines have changed to 2 working days before the meeting, in order to facilitate the management of public participation at meetings. The deadline for registering at this meeting is 5:00pm on Monday 3 October 2022.



To register to speak please visit www.york.gov.uk/AttendCouncilMeetings to fill in an online registration form. If you have any questions about the registration form or the meeting, please contact Democratic Services. Contact details can be found at the foot of this agenda.



Webcasting of Public Meetings



Please note that, subject to available resources, this meeting will be webcast, including any registered public speakers who have given their permission. The meeting can be

This item invites Members to determine the following planning application:

 

Minutes:

Members considered a schedule of reports of the Head of Planning and Development Services, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.

 

28.

Vacant Site, Eboracum Way, York [19/01467/FULM] [19:46] pdf icon PDF 132 KB

Erection of 5 storey apartment building with basement comprising 62 residential units (Use Class C3), associated car parking and landscaping works [Guildhall Ward]

Additional documents:

Minutes:

Members considered a report on viability issues in delivering the scheme for the erection of 5 storey apartment building with basement comprising 62 residential units (Use Class C3), associated car parking and landscaping works at Vacant Site, Eboracum Way, York. The scheme, for residential development of the site was considered at planning committee 11 February 2020 and approved in May 2020.  The S106 Agreement dated 20 May 2020 (as varied by the Deed of Variation dated 1 December 2020) contained a policy compliant affordable housing obligation of 20% (in accordance with policy H100 of the Publication Draft Local Plan 2018). The Development Management Officer explained that there were now viability issues in delivering the scheme and the construction and abnormal costs had been independently reviewed by Quantity Surveyors and a fresh viability appraisal undertaken by the District Valuer.  The viability appraisal, by the District Valuer, concluded that the scheme was not viable and recommended to the Council that the £1m contribution offered  was reasonable. As such, Members were asked to consider delegating authority to Officers to vary the S106 agreement accordingly. This would secure £1m in planning obligations. The recommendation was for the affordable housing obligation to be reduced accordingly to £881,471.

 

The Chair invited the Applicant to the table. The Applicant  explained the viability issues to Members. In response to Member questions, he explained that:

·        He was not the original applicant and had not been made aware of the £600k costs for access to the site via the delivery track

·        Risks were considered, however, there were unforeseen circumstances with the site due to Coronavirus

·        Should the affordable housing contribution not be reduced, the development would become unviable

·        The Applicant was to get their equity out of the development.

·        It was a residential development with dwellings available to buy

·        There have been various difficulties in securing funding

 

In response to questions from Members, Officers clarified that

 

·        The legal agreement as signed currently, including the affordable contribution would stand if the affordable housing contribution was not agreed by Members.

·        It was not usual to have a sequence of events leading to a request for a reduction in the affordable housing contribution.

·        Under the current s106 there is no opportunity for the council to claw any money back should the price of the units increase.

·        The reduction in S106 contributions came from the affordable housing contribution because of obligations within the legal agreement.

·        How the viability appraisal was approached.

·        The dialogue regarding the scenario of the bank taking the site back. The information given from the bank as part of the preapplication process was that it would be developed into an aparthotel or student accommodation.

·        All affordable housing could potentially be lost if an application for an aparthotel was brought back to the Committee for determination.

·        The original permission stood and the Committee was considering a deed of variation.

·        The extra costs for the boundary wall were included in the development costs. This was not a significant cost.

·        The developer was not  ...  view the full minutes text for item 28.

 

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