Agenda and minutes

The following sites were inspected before the meeting:

At this point, members are asked to declare any personal or prejudicial interests they may have in the business on this agenda.

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Cllr Moore declared a personal and prejudicial item in Agenda Item 3e, Oaklands School Cornlands Road York YO24 3WZ, as his wife was an employee of a nearby business, and left the room and took no part in the discussion or the decision thereon.

Cllr S Galloway declared a personal and prejudicial interest in agenda item 4, Nestle South – Revised draft development brief, as she is a retired employee of Nestle, and left the room and took no part in the discussion or the decision thereon. Cllr Cregan declared a personal and prejudicial interest in the same agenda item as a retired employee of Nestle, and took no part in the discussion or the decision thereon.

Cllr Taylor declared an interest under the provisions of the Planning Code of Good Practice in Agenda Item 3c Barbican Centre Paragon Street York YO10 4AG, as he had previously made his views known on the item, and left the room and took no part in the discussion or the decision thereon. Cllr Horton declared an interest under the provisions of the Planning Code of Good Practice in the same agenda item, as he had previously considered the Barbican licensing application, and left the room and took no part in the discussion or the decision thereon.

It is at this point in the meeting that members of the public who have registered their wish to speak can do so. The deadline for registering is by 5pm the working day before the meeting. Members of the public can speak on specific planning applications or on other agenda items or matters within the remit of the committee.

To register please contact the Democracy Officer for the meeting, on the details at the foot of this agenda.

It was reported that there had been no registrations to speak, under the Council’s Public Participation Scheme, in general issues within the remit of this committee.

This item invites Members to determine the following planning applications:

Members considered reports of the Assistant Director, Planning & Sustainable Development, relating to the following planning applications, outlining the proposals and relevant considerations and setting out the views and advice of consultees and officers.

Car boot sale on part of field 8330 on 20 Sundays a year, with entrance from Wigginton Road and exit to Corban Lane (resubmission) [Haxby & Wigginton Ward]

Members considered a major full application, submitted by Mr K & Mrs AD Roberts, for a car boot sale on part of field 8330 on 20 Sundays a year, with entrance from Wigginton Road and exit to Corban Lane (resubmission).

Representations were received from Martin Crabtree, a traffic consultant representing the applicant. He stated that the requested increase in the number of car boot sales from 14 to 20 was to increase the applicants income and to diversify their business. He stated that the car boots led to an increase in business for the local shops and helped promote recycling. He stated that their had been no reported accidents on Sundays over the past 5 years. He also stated that traffic does not sit on the bridleway and that the applicant would be happy to accept a condition regarding the bridleway being maintained. He stated that there was a system in place to prevent vehicles queueing, and that the location of the site would remain unchanged.

Members discussed car boot sales on nearby fields, and were informed by Officers that this could not be considered as part of this application. Accident statistics, the speed limit on Wigginton Road, access and egress, the status of the bridleway, general highway safety issues, and the number of vehicles using the site were discussed.

RESOLVED:             That the application be refused.

REASONS:              

1.         Traffic generation information supplied within the Transport Assessment submitted in support of the application indicates that the proposal will result in the junction of Corban Lane/Wigginton Road operating above capacity. It is indicated that the traffic generated by the proposal will lead to significant queuing on Corban Lane as departing vehicles attempt to exit onto Wigginton Road. Wigginton Road is subject to national speed limit and due to the nature of the road traffic speeds are high. The intensification of use of the site will increase the occasions upon which queuing will occur. Such queuing is considered likely to result in driver frustration leading to motorists taking greater risks increasing the potential for accidents.

 2.            Access to the site is along a farm track which has the status of bridleway. The bridleway is known as Wigginton no.7 and is currently surfaced to a level commensurate with it’s use and status. The proposal will increase the frequency of use of this route by high levels of vehicular traffic which includes HGV`s. Such an increase in use will raise the potential for conflict between motorised and non-motorised traffic to the detriment of safety of bridleway users contrary to Local Plan Policy T2(a). Furthermore the increased frequency of usage of the route will also result in further deterioration of the surface which will be detrimental to both highway safety and amenity of users of the bridleway.

(Following demolition of language centre) Erection of humanities education and research centre with associated cycle parking and landscaping (Heslington Ward)

Members considered a major full application, submitted by the University of York, for the erection of humanities education and research centre with associated cycle parking and landscaping (following demolition of language centre).

Officers updated that if Members were minded to approve the application they were recommending four additional conditions, regarding tree protection, a method statement to protect trees during construction, a height condition, and a condition regarding protection of bats.

Representations were received from the agent for the applicant. She stated that the development would accommodate researchers, was a contemporary design, and there would be 160 staff and students based there. The trees lost during construction would be replaced and the application would reach a “very good” BREEAM rating.

Members discussed sustainability, air quality and contamination issues, the replacement of trees and the significance of the Buddha statue, and the design of the proposals.

RESOLVED:             That the application be approved, subject to the conditions outlined in the report, and subject to the following additional conditions and informative: 

(i) Trees shown to be retained and/or subject to a tree preservation order (TPO) shall be protected during the development of the site by the following measures: -

Prior to commencement on site, of clearance, site preparation, building or other development operations, including the importing of materials and any excavations, protective fencing to BS5837: 2005 shall be erected around all existing trees shown to be retained. Before commencement on site the protective fencing line shall be shown on a plan and agreed with the local authority and subsequently adhered to at all times during development to create exclusion zones. None of the following activities shall take place within the exclusion zones: excavation, raising of levels, storage of any materials or top soil, lighting of fires, parking or manoeuvring of vehicles. There shall be no site huts, no marketing offices, no mixing of cement, no disposing of washings, no stored fuel, no new trenches, pipe runs for services or drains, and no mechanical cultivation. The fencing shall remain secured in position throughout the construction process including the implementation of landscaping works. A notice stating 'tree protection zone - do not remove' shall be attached to each section of fencing.

Reason: To ensure protection of existing trees before, during and after development which are covered by a Tree Preservation Order and/or make a significant contribution to the amenity of the area and development.

(ii) Prior to commencement on site, a method statement regarding protection measures for the existing trees shown to be retained on the approved drawings shall also be submitted to and approved in writing by the Local Planning Authority. This statement shall include a construction detail of protective fencing, phasing of works, location of site cabin, parking arrangements for site vehicles, arrangements for loading/off-loading, locations for stored materials; construction details where a change in surface material is proposed within the canopy spread and likely root zone of a tree.

Reason: To ensure protection of existing trees before, during and after development which are  ...  view the full minutes text for item 4b

Revisions of design of approved refurbishment of auditorium comprising redesign of glazed curtain wall on frontage, revised enclosure of box office and enclosure of roof garden (Fishergate Ward)

Members considered a full application, submitted by Absolute Leisure, for revisions of design of approved refurbishment of auditorium including redesign of glazed curtain wall on frontage, revised enclosure of box office and enclosure of roof garden.

Officers updated that if Members were minded to approve the application they would recommend an additional condition regarding new brick work for external surfaces, an amended condition regarding use of roof garden, amendment to a previously agreed condition regarding the details to be approved, amendment to condition 5 to add reference to a canopy, an amendment to condition 6, and the reference to phasing be deleted from conditions 5, 6 & 10.

Officers also updated that one further letter of objection had been received regarding increased capacity and raising issues regarding noise and disturbance, and raising comments regarding the glazed frontage towards the city walls.

Representations were received from Ernest Dickinson, representing “Save our Barbican” (SOB). He referred to an artists impression of what the centre would look like, and distributed this and a plan to Members at the meeting. He stated that the glasswork would have a garish effect, and would be an obscenity being so close to the City Walls. He stated that the development should be in-keeping with the environment and raised issues regarding light pollution. He also raised issues regarding the capacity of the building and fire evacuation issues. 

Representations were received from Mr Tony Knox for the applicant. He stated that the application was for minor alterations, and the proposals would not increase the square footage of the proposals.

Members discussed issues relating to the smoking ban due to come into force in the near future, and smoking areas. With regard to capacity issues, this would be a licensing and fire authority issue. With regard to light pollution, the applicant updated that any lighting used would be dark sky compliant, and officers updated that if Members were minded to approve the application a condition could be added regarding the lighting being dark sky compliant.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and subject to the following amended/additional conditions and informative:

Additional condition:

Use of the areas marked 'outside seating area. No roof' on plan drawing no. 2087-02-005 Rev L (proposed first floor) or any future outside roof gardens that form part of the Barbican development shall be confined to the following hours of operation :                    

Monday to Sunday                09.00 to 22.00.

Reason: To protect the amenity of future and adjacent residents.

Additional informative:

You are advised that prior to starting on site consent will be required from the Highway Authority for the works being proposed, under the Highways Act 1980 (unless alternatively specified under the legislation or Regulations listed below).  For further information please contact the officer named:

Works in the highway - Section 171/Vehicle Crossing - Section 184 - Stuart Partington (01904) 551361

Cafe Licence   - Section 115  - Miss T Santana  (01904) 551367

 3. The developer's attention should also be drawn  ...  view the full minutes text for item 4c

Erection of two storey modular teaching block (temporary for two years) including additional cycle shelter and stands, 22 additional car parking spaces, and security fence and lighting (Westfield Ward)

Members considered a General Regulations 3 application, submitted by Learning, Culture & Childrens Services, City of York Council, for the erection of two storey modular teaching block (temporary for two years) including additional cycle shelter and stands, 22 additional car parking spaces, and security fence and lighting.

David Ellis, Headteacher for the new York High School, was present at the meeting to answer any questions.

Members discussed issues relating to the bringing together of pupils from Oaklands and Lowfields to the new York High, and were updated that a number of activities had been arranged to bring pupils from the two schools together. Many of the pupils live very close to one another and there have been no reported incidents over the past two years with pupils from the two schools.

RESOLVED :That the application be approved subject to the conditions and the informatives in the report.

REASON :                 The proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to highway issues and neighbouring amenity. As such the proposal complies with Policies ED1, GP1 and ED11of the City of York Development Control Draft Local Plan.

Two storey and single storey extensions, external alterations, infilling of existing courtyard, new car park, alterations to entrance from Cornlands Road (Westfield Ward)  

Members considered a General Regulations 3 application, submitted by Learning, Culture and Childrens Services, City of York Council, for two storey and single storey extensions, external alterations, infilling of existing courtyard, new car park, alterations to entrance from Cornlands Road.

Members discussed condition 8 regarding illumination of the car park up to 23:00 and were informed that the sports centre would be used up until this time.

RESOLVED :That the application be approved subject to the conditions and informatives outlined in the report.

REASON :                 The proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to design, amenity, highway issues and landscaping. As such the proposal complies with Policies ED1, ED11, GP4A and GP1 of the City of York Development Control Draft Local Plan.

The Nestle South Draft Development Brief was presented to Members in January 2007, where it was approved for consultation purposes. This report describes the consultation process carried out between February and April 2007, and presents the revised Draft Development Brief for Nestle South.

The Nestlé South Draft Development Brief was presented to Members in January 2007, where it was approved for consultation purposes.  The Draft Brief set out the Council’s aspirations for the redevelopment of the Haxby Road site; highlighted the key planning issues for prospective developers to consider and identified opportunities for adopting sustainable development principles, good design, layout and links to surrounding areas.

Members considered a report which described the consultation process carried out between February and April 2007, and presented the revised Draft Development Brief for Nestlé South (Appendix 2), which had been compiled through a cross Directorate Project Team in response to concerns and suggestions received by various groups, organisations and individuals. The consultation representations received were set out, with Officer responses and recommendations, in Appendix 1 of the report.

Officers updated that the main issues from the consultation were the link road between Haxby Road and Wigginton Road, design, and the 19 key objectives.

Representations were received from Mrs Parker, who is the joint owner of White Cross Villa, 17 Haleys Terrace. She referred to Plan 5c in the report which showed potential transport infrastructure improvements, and the roundabout which as show on the plan appears to cut across her house and garden. She stated that her house is not listed although it was built before the factory.

Officers responded stating that the plans were indicative and not accurate, and that there was no intention at this stage to put the roundabout through the house/garden, and that White Cross Villa would be looked at as part of the conservation area status issues being looked at by English Heritage.  

Members discussed a number of proposed amendments to the development brief.

RESOLVED :         

(i)                 That the revised Draft Development Brief for Nestle South be approved as non-statutory draft supplementary planning guidance to the City of York Development Control Local Plan, subject to the amendments below :

1.   Key Objective KO8 (para 1.18)

takes full account of the Council’s 2007 Housing Market Assessment

2.   Key Objective KO15 (para 1.18)

Makes the site easy to access and travel through by pedestrians, and cyclists, and potentially by public transport users.

3.   Para 2.20 (page 7)

These well used gardens contain three bowling greens, a main amenity area, a small but well equipped children’s play area and parking. These amenities already serve a large population based in Clarence Street, the Groves and Haxby Road areas.

4.   Para 2.25 (page 8)

In addition to the primary road corridors of Haxby Road and Wigginton Road. Tthere are a number…

5.   Para 4.9 (page 15)

Sustainable design and construction techniques are required to be incorporated at the earliest stage of development design (e.g. incorporating methods to use waste heat from the adjacent operating Nestlé factory). Initiatives will apply to both public and private open space and amenity areas, including recycling and drying areas.

6.   Para 5.15 (page 19)

Provided that sufficient new employment space is provided, a significant part of the remaining site  ...  view the full minutes text for item 5.