Agenda and draft minutes
Venue: Remote Meeting
Declarations of Interest
At this point in the meeting, Members are asked to declare:
· any personal interests not included on the Register of Interests
· any prejudicial interests or
· any disclosable pecuniary interests
which they may have in respect of business on this agenda.
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.
Cllr Daubeney declared a prejudicial interest in relation to agenda item 4a Spark York Piccadilly York 20/00561/FUL.
Cllr Kilbane wished to place on record that he had lodged his support for the approval of the original Spark application as a member of the public, having sort advice from legal he confirmed that this was not a prejudicial or pecuniary interest.
To approve the minutes of the meetings of the Planning Committee held on 12 March 2020 and 11 June 2020.
Resolved: That the minutes of the last meeting held on 12 March 2020 be approved and then signed by the chair as a correct record.
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It was reported that there had been no registrations to speak at the meeting under the Council’s Public Participation Scheme on general matters within the remit of the Planning Committee.
This item invites Members to determine the following planning applications:
[Presentation slides on all of these applications are attached at the end of the agenda papers]
Members considered a schedule of reports of the Assistant Director, Planning and Public Protection, relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views of consultees and officers.
Application to vary Condition 2 of permitted application 17/00274/FUL to extend the duration of the permission to 31.3.2022.
[Cllr Daubeney exited the meeting for the consideration of Spark York, Piccadilly, York [20/00561/FUL] at 10:34.]
Members considered a full application to by Mr Samuel Leach to vary condition 2 of the original permission, that would allow Spark to remain onsite until 31.3.2022.
Officers gave a presentation based upon the slide at pages 146-152 and provided an update, reporting:
· the receipt of a letter signed by 4 local residents requesting the Committee apply more stringent measures for the applicant to adhere too.
In response to questions from Members, Officers confirmed that:
· the Mitigation Plan would be enforced through appropriate conditions;
· the amended conditions placed conditions regarding seating only areas after a specific time and the use of a sound limitation device;
· the expected outcome of legislation not yet passed by Government would extend the lifetime of the existing permission into next year. Ensuring that Spark’s existing consent and conditions could run until 1 April 2021.
Members then debated the proposals after which Cllr Kilbane moved, and Cllr Douglas seconded, that the application be approved, subject to the conditions listed in the report. In accordance with the revised Standing Orders, a named vote was taken. Cllrs Cuthbertson, D’Agorne, Douglas, Fenton, Fisher, Fitzpatrick, Hollyer, Kilbane, Lomas, Pavlovic, Rowley, Widdowson, and Cullwick all voted in favour of this proposal, and it was;
Resolved: That the application be approved, subject to:
i. Conditions 1-11 as set out in the report.
Reason: for the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority and to ensure use of vacant land prior to its expected longer term regeneration, in the interests of vitality and viability of the city centre.
[At 11:30, the meeting was adjourned to enable the registered public speakers for the next item to be brought in. It was re-convened at 12:00]
Major Full Application for the erection of a 5 storey hotel with additional plant storey (168 Bedrooms) fronting onto Piccadilly, with ancillary restaurant, landscaping and retention of the Banana Warehouse facade.
[12:00 Cllr Daubeney re-joined the meeting and Cllr Rowley gave his apologies and left the meeting]
Members considered a major full application by Axcel Group Limited for Partial demolition of existing building and construction of 3 to 5 storey hotel with ancillary restaurant/bar, landscaping and
retention of the Banana Warehouse façade.
Officers gave a presentation based upon the slides at pages 153-173 of the agenda and provided an update, reporting:
· the information submitted indicated that the building would achieve a rating 67.8% BREEAM (Very Good) score, this falls short of the 70% required to achieve the ‘Excellent’ rating. The building was designed to reach ‘Very Good’ and would be inhibited in trying to reach ‘Excellent’ due to the retention of the Banana Warehouse façade, the operational use proposed as a hotel, and that some credits would have to have been achieved prior to this current stage;
· the scheme would however, achieve the minimum standards required for the ‘Excellent’ rating in the following categories: management, energy, water, materials, and waste;
· that officers could review the decision to recommend against photovoltaics on the grounds of visual impact on the skyline;
· a detailed design was being worked on for ‘greening’ Piccadilly Street by the Council;
· amendments to the report were noted as:
Amendment to paragraph 1.4 of the report: The hotel would provide 70 jobs: 40 full time and 30 part time positions.
that a revision be made to Condition 36 as on balance it is considered that the non-compliance with Policy CC2, does not significantly and demonstrably outweigh the benefits of the proposed development (as set out in the committee report). It is considered that the above recently submitted information would not alter the recommendation made by officers. The revised wording was proposed as follows:
The hotel building shall be constructed to a BREEAM standard of ‘Very Good'. A formal Post Construction assessment by a licensed BREEAM assessor shall be carried out and a copy of the certificate shall be submitted to the Local Planning Authority within 12 months of first use of the building (unless otherwise agreed).
Reason: In the interests of achieving a sustainable development in accordance with the requirements of the NPPF.
Condition 2 (Approved Plans) Replace plan reference BW-CDA-01-SW-DR-A-PL-0002 Rev P2 with BW-CDA-01-SW-DR-A-PL-0002 Rev P1.
Condition 26 (Flood Risk) The development shall be constructed and occupied in accordance with the Flood Risk Assessment Re: 42344/4001 Revision A dated October 2019 by Peter Brett Associates (Including the Flood Warning and Evacuation Plan) and the subsequent Technical Note - Re: 42344 TN001 dated March 2020 by Stantec and the following mitigation measures it details:
(i) Finished floor levels shall be set no lower than 11.00 metres above Ordnance Datum (AOD),
(ii) Compensatory storage shall be provided in accordance with the details submitted within the Technical Note - Re: 42344 TN001 dated March 2020 and the Flood Storage Analysis Plan - Re: 42344/4001/002 Revision H dated 18th March 2020, and
(iii) Provision of a floodable void as shown on the Flood ... view the full minutes text for item 59.
Outline application for redevelopment of the former North Selby Mine site to a leisure development comprising a range of touring caravan and static caravans with associated facilities (revised scheme).
[13:44 Cllrs Cllr D’Agorne and Widdowson both gave their apologies and left the meeting]
Members considered a Major Outline Application by Harworth Estates Investments Limited for the redevelopment of the former North Selby Mine site to a leisure development comprising of a range of touring caravan and static caravans with associated facilities.
Officers gave a presentation based upon the slides at pages 174-178 of the agenda and provided an update, reporting:
· a response from a landowner on New Road was not included in the officers report section 4.1. They raised that the road should be done to an adoptable standard and that a path, suitable signage, and speed bumps should be added to New Road;
· the receipt of 1 additional objection;
· an amendment to Condition 2 to read as: Fully detailed drawings illustrating all of the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the change of the use of land, as well as, building/engineering works, and the development shall be carried out in accordance with such details:
These details shall include: appearance, landscaping of site, layout and scale of the proposed development to be carried out, including a schedule of all external materials to be used.
Reason: In order that the Local Planning Authority may be satisfied as to the details of the development and to comply with the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006;
· amendment to Condition 4 to read as: The static and mobile caravans and tents shall be occupied for holiday purposes only and not as a person's sole or main place of residence. The site owners/operators shall maintain an up-to-date register of the names of all owners/occupiers of individual caravans on the site, and of their main home addresses, and shall make this information available at all reasonable times to the Local Planning Authority. The Council’s definition of holiday letting is that the same person, group of persons, or family are not to exceed 28 nights per calendar year and also that no motorhome, caravan, or tent to stay more than 28 nights per calendar year.
Reason: This condition is imposed to ensure that approved holiday accommodation is not used for unauthorised permanent residential occupation;
In response to questions from Members, Officers confirmed that:
· the junction would not be considered for an upgrade as it was already ‘over designed’ for the level of traffic that would use the junction even with the proposed development;
· New Road was a privately owned road but that the council would wish to see at the reserved matters stage proposals for how different users of the road could pass each other safely;
· that there currently no horticultural green houses or anaerobic digestion facilities on the site due to the operator pulling out of that scheme;
· that there had been no objections raised subject to conditions, in relation to the protection of Willow Tit habitat this would need to be submitted as part of ... view the full minutes text for item 60.