Agenda and minutes

At this point in the meeting, Members and co-opted 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. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

[Please see attached sheet for further guidance for Members].

Members were asked to declare at this point in the meeting any disclosable pecuniary interest or other registerable interest they might have in respect of business on the agenda, if they had not already done so in advance on the Register of Interests. Cllr Ayre noted that he was a member of the enterprise car club. No further interests were declared.

To approve and sign the minutes of the last Planning Committee A meeting held on 2 March 2023.

Resolved:  That the minutes of the meeting of Planning Committee A held on 2 March 2023 be approved and signed as a correct record.

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 Tuesday 4 July 2023.

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.

It was reported that there had been one registrations 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 requested the reintroduction of in person site visits, information on S106 and CIL payments and financial viability assessments for planning applications. The Chair responded to the points made by Mr Hayes and advised that there would be a return to in person site visits for large applications and that he would speak to the Head of Planning and Development Services and Executive Member for Housing, Planning and Safer Communities regarding information on S106 and CIL payments. He added that there would be financial viability assessments for planning applications.

This item invites Members to determine the following planning applications:

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.

Conversion of existing retail unit (Use Class E) to restaurant and shop (Use Class E) at ground and basement level, and change of use of upper floors from retail (Use Class E) to a 64 key aparthotel (Use Class C1) including provision of additional storey on roof and associated external alterations (amended plans received) [Guildhall Ward]

Members considered a full application from Harrowells (No. 221) Ltd for the conversion of existing retail unit (Use Class E) to restaurant and shop (Use Class E) at ground and basement level, and change of use of upper floors from retail (Use Class E) to a 64 key aparthotel (Use Class C1) including provision of additional storey on roof and associated external alterations (amended plans

received) at T.K.maxx, 48 Coney Street, York.

The Head of Planning and Development Services gave a presentation on the application. The Development Management Officer gave an update advising Members of comments from the Conservation Officer, pre-commencement Conditions, and updates to errors on the published report. Members were advised that the additional information had been assessed and the Officer’s recommendation remains for approval subject to conditions.

In response to questions from Members, officers explained that:

The façade on the Coney Street entrance would be retained with minor repairs.

The windows on the Coney Street entrance were not being replaced and would have secondary glazing.

Public Speakers

Matthew Mortonson, Planning Agent for the Applicant, spoke in support of the application. He explained that it would be a restaurant and café occupied by Hard Rock Café. He advised that the Grade 2 façade on Coney Street would be retained and the Market Street façade would be changed following discussions at the design stage. He explained the economic benefits it would have on York including job creation. He added that it would be an improvement to the appearance of the building in a conservation area.

In response to questions from Members, Mr Mortonson explained that:

There had been discussions between the applicant and the police and the comments of the police had been noted.

Regarding potential archaeology being of national importance, there had been discussions with their own archaeologist that had been passed on the applicant.

The waste was kept at the service entrance on Market Street and there would be regular servicing of waste.

[The Head of Planning and Development Services advised that a condition on the management of the waste area could be added].

It was not anticipated that many people would be using cars to travel to the hotel. There was 12 cycle parking spaces and not all staff would be on site at the sane time.

Archaeology was conditioned and their archaeologist would be on site.

Honorary Alderman Brian Watson spoke in objection to the application. He supported the comments of Guildhall Planning Panel. He expressed concern regarding the impact of the building on the skyline and the principle of rooms with no windows. He noted concern regarding a licensed premises in the cumulative impact zone (CIZ) and acknowledged that this was a licensing, not planning consideration.

Members then asked further questions to officers to which they responded that:

The restaurant being in the CIZ was fell under licensing.

Planning permission was not needed for changes in use class E.

The application had to meet all six requirement of the draft Local  ...  view the full minutes text for item 4a

Internal and external alterations in association with change of use and provision of additional storey on roof (amended plans received) [Guildhall Ward]

Members considered an Listed Building Consent application for Internal and external alterations in association with change of use and provision of additional storey on roof (amended plans received) at T.K.maxx 48 Coney Street York YO1 9ND. The application was considered as part of the previous application.

Cllr Fenton moved the officer recommendation to approve the application. This was seconded by Cllr Burton. Following a unanimous vote in favour it was;

Resolved:  That the application be approved.

Reason:     Taking into account the amendments made, the proposal would aid in creating a viable use for the heritage asset whilst sustaining and enhancing the significance of the Listed Building, in compliance with paragraphs 197 and 202 of the NPPF, and Policy D5 of the Draft Local Plan (2018) and Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

[The meeting adjourned from 17:47 to 17:57].

Erection of 3, 4, and 5 storey student accommodation building with associated car parking following demolition of existing buildings [Guildhall Ward]

Members considered a major full application from The Hire Group and Gregory Projects Limited for the Erection of 3, 4, and 5 storey student accommodation building with associated car parking following demolition of existing buildings at Enterprise Rent-a-car, 15 Foss Islands Road, York.

The Head of Planning and Development Services gave a presentation on the application. The Development Management Officers gave an update, advising Members of revised plans for the third floor with the addition of a common room. This was a revision to Condition 2 (Plans). Members were advised that the additional revised plan had been assessed and the planning balance, with the exception of the requested alterations to Condition 2, the recommendation was unchanged from the published report. A Member requested and was shown the communal areas in the plans. Officers were asked and confirmed that the waste access was from the first floor on Elvington Terrace.

Public Speakers

Graham Connell, spoke in support of the application on behalf of the applicant. He clarified that in addition to the open plan communal space on the ground floor, there was also a gym, staff room and entertainment room. He explained why the location was suitable for student accommodation and the changes made to the application following refusal in 2021.

In response to Member questions, Mr Connell and the architect for the scheme explained:

There was two disabled parking spaces and further disabled spaces available along Foss Islands Road. The expectation was that the number of disabled spaces would not be required by residents and the spaces would be controlled for the use of residents only.

There was one lift and for the number of units this was more than adequate for the number of rooms and storeys. If the lift broke down there were emergency repair arrangements and there would be routine maintenance out of hours during which the lift may be out of action for a short period of time.

There was a programme set up to allocate times for student drop off/pick up. This would fit into a weekend. There would be a management plan for this and it would be managed accordingly.

The overlooking windows in the corner of the courtyard were perpendicular.

The rationale for the layout was explained. The layout enabled more incidental interactions on the ground floor and the applicant had spoken with operators who had said that the scheme worked best.

Members then asked questions to officers to which they responded that:

Because of the specifics of the case it was unreasonable to ask for a contribution to affordable housing. The affordable housing contribution (policy H7 of the draft Local Plan) came through the Local Plan hearings.

The proposed wording for policy H7 of the draft Local Plan reflected the proposed modifications and this included the commuted sum for student accommodation.

The size of the units was comparable with student flats allowed elsewhere.

[The Chair noted the size of the units at the Plumbase student accommodation planning application.]

Regarding the land not  ...  view the full minutes text for item 4c