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.

Councillors Funnell, Hudson and Pierce declared personal non-prejudicial interests in agenda item 4a (The Minster, St Peter’s Cathedral, Minster Yard, York) as their families were involved in the work of the Minster.

Councillor D’Agorne declared a personal non-prejudicial interest in agenda item 4b (Kent Street Car Park, Kent Street, York) as a governor of Fishergate School.

Councillor Orrell declared a personal prejudicial interest in agenda item 4b (Kent Street Car Park, Kent Street, York) as he had been heavily involved in discussions relating to all aspects of the Barbican redevelopment as the former Executive Member for Leisure & Culture.  He left the room and took no part in the discussion or decision on this item.

Councillor Moore withdrew from the room for agenda items 4c & 4d (Grain Stores, Water Lane, York) under the provisions of the Planning Code of Good Practice.

Councillor Jamieson-Ball declared a personal prejudicial interest in agenda item 4e (Joseph Rowntree School, Haxby Road, York) as he had taken decisions relating to this development as an Executive Member.  He left the room and took no part in the discussion or decision on this item.

Councillor Moore stood down from the Committee for agenda item 6 (Consultation Draft Village Design Statement for Skelton) and spoke from the floor as Chair of the VDS Steering Group.

To approve and sign the minutes of the meeting of the Planning Committee held on 14 May 2008.

RESOLVED:             That the minutes of the meeting held on 14 May 2008 be approved and signed by the Chair as a correct record.

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 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 at the meeting under the Council’s Public Participation Scheme on general issues within the remit of the Committee.

This item invites Members to determine the following planning applications:

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

Remodelling of steps to South Transept to form disabled ramp and new steps, remodelling of carriageway to form paved area at the South Transept and Minster gates, external alterations to 7 and 9 Minster Gates to form shop and ticket office [Guildhall Ward] [Site Visit].

Members considered a full application, submitted by the Dean and Chapter of York, for the remodelling of steps to the South Transept to form a disabled ramp and new steps, remodelling of the carriageway to form a paved area at the South Transept and Minster gates, and external alterations to 7 and 9 Minster Gates to form a shop and ticket office.

Officers confirmed that no comments had been received from the York Access Group, the Cyclist Touring Club and the York Civic Trust.

Representations were received requesting improved delineation of the cycle routes, and in support of the application, from the project director for the Minster Piazza Scheme.  Copies of Cycling England’s Design Guidance for Vehicle Restricted Areas were circulated to Members.

Members highlighted the need to engage with the York Access Group to ensure that the surfacing was appropriate for partially sighted people, particularly in terms of the distinction between pedestrian and cycle areas.  Officers advised that this would be covered by condition 5 and Members also proposed that condition 8 should be amended to make specific reference to engaging with the York Access Group.  Members highlighted the need for the surface markings to indicate shared pedestrian and cycle areas to minimise conflict between users.

Members also requested that the provision of cycle parking be included in condition 4.

RESOLVED:             That delegated authority be granted to the Assistant Director (Planning & Sustainable Development), in consultation with the Chair and Vice Chair, to approve the application, subject to the conditions listed in the report, with the following amendments and additions:¹

                                    Amended Condition 4

Notwithstanding the submitted information and the terms of Condition 2 above, large scale details/ additional information of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out and retained in accordance with the approved details.

a)  Constructional design and siting of cast iron bollards at the junction of Minster Gates with Minster Yard, using existing bollards

b)  Siting of existing and proposed street furniture

c)  Details of surface water drainage including general layout, and specific details at each of the outlet locations. 

d)  Street lighting details including the re-siting of gas lighting columns and the provision of new lighting and services to the ramps and steps

e) Large scale details of the entire stepped and ramped area showing the relationship of the new material to the existing fabric, on a stone- by- stone basis

f)  Samples of new materials to be used in the formation of the steps, ramp and all paved areas

g)  Pavement layout of Phase 1 and Phase 2 in Minster Yard, following agreement of sample areas set out on site

h)  Final level positions of new surfaces

i)  The alignment of the carriageway

j)  Location and details of access covers in the paved area

k)  Large scale details of any modifications .if required to the piers and railings defining the east  ...  view the full minutes text for item 11a

Erection of two and four storey hotel comprising 108 bedrooms, bar and restaurant facilities and associated landscaping (resubmission) [Fishergate Ward] [Site Visit].

Members considered a major full application, submitted by Indomito Properties LLP, for the erection of a two and four storey hotel comprising 108 bedrooms, bar and restaurant facilities and associated landscaping (resubmission).

An update was circulated to Members confirming that the Council’s Structures and Drainage Section was satisfied with the technical details received regarding drainage and proposing the inclusion of an additional condition (set out below).

Officers confirmed that no comments had been received from the Fishergate Planning Panel and also clarified that the distance between the proposed hotel and Barbican Court was 14.5m.

Representations were received in support of the application, from the applicant’s agent.

Members requested the addition of a condition requiring maintenance of the path to Fishergate School on the east side of the site.  Members also agreed that condition 32, relating to the relocation of the coach park, was unnecessary and suggested that an informative should be included instead referring to the applicant’s unilateral undertaking that there would be no work on site for two months, to allow adequate time for the relocation to take place.

RESOLVED:             That the application be approved, subject to the conditions listed in the report, with the following amendments and additions:¹

                                    Additional Condition

Prior to commencement of the development final details of surface water drainage shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall demonstrate a maximum surface water discharge rate of 17 litres per second. The development shall thereafter be carried out fully in accordance with the approved details.

Reason: To reduce the risk of flooding of the proposed development and adjacent sites.

                                    Additional Condition

The existing footpath along the eastern boundary of the site from Kent Street  giving access to Fishergate Primary School shall, following the development at all times be retained and maintained to the satisfaction of the Local Planning Authority.

Reason: In the interests of the convenience of pedestrians using the existing path.

                                    Replacement of Condition 32 with an Informative

It is understood that the applicant has agreed that no work shall commence on the redevelopment of the site, and that the existing coach parking facility shall remain available, for a period of at least two months from the date of this permission.  This is in order to allow an opportunity for alternative coach parking to be provided by the Council.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to residential amenity, effect on highway and pedestrian safety and convenience, setting of the adjacent City Walls and Conservation Area and archaeology on the site.  As such the proposal complies with  Policies GP1, GP3, GP4a, GP11, T4, T12, T13,T14, T20, V1 and V3 of the City of York Local Plan Deposit Draft.

Outline application for mixed use development comprising B1c, C1,C2,C3 and D1 uses including parking and new access arrangements after demolition of existing warehousing units [Skelton, Rawcliffe and Clifton Without Ward] [Site Visit].

Members considered a major outline application, submitted by Water Lane Ltd, for mixed use development comprising B1c, C1, C2, C3 and D1 uses, including parking and new access arrangements, after demolition of existing warehousing units.

An update from the case officer was circulated at the meeting, which set out the following comments from Clifton Without Parish Council, who were not objecting to the application:

·  Careful consideration must be given to traffic issues.  Water Lane is already subject to queuing at peak times (early morning and 16.00 to 18.00).  With the proposal for a hotel on the site there is the likelihood of 24-hour traffic movements, besides the traffic movements of property owners on site.

·  Provision of a regular bus route close to this development is a “must”.

·  With the provision of 240 homes on site there must be consideration of the effects on schools in the Clifton Without and Rawcliffe parishes.

·  The effects of light pollution need to be considered.

·  Consultation with recognised bodies will be essential regarding provision of Open Space on the development

·  The site should have high quality landscaping, which should encourage wildlife.

·  The proposed rainwater harvesting and enhancement of drainage to alleviate run-off are positive factors in the scheme.

A verbal update was also provided on the potential of upgrading bus services passing the site and comments from the Council’s Tourism Manager, who welcomed any proposal for a hotel in the city, were reported.

Representations were received in support of the application, from the applicant, and outlining comments relating to traffic levels and removal of asbestos.

Some Members commented that there was no evidence that the site was not required for employment purposes, as allocated in the Draft Local Plan (Changes 4), prior to the completion of the Employment Land Review.  Other Members highlighted that the site was surrounded by housing and therefore should not be promoted for employment use, as this may cause disturbance to local residents.

RESOLVED:             That the application be refused.¹

REASON:                  The land subject to this application is allocated within the 4th Set of Changes to the City of York Draft Local Plan as a Standard Employment Site. Other than the stipulated B1c use, the proposed uses are contrary to this allocation and specifically Policy E3b of the City of York Draft Local Plan. The Council consider that there is no clear evidence at this time that the site is not required for the specified employment uses and therefore the application is considered to be premature and therefore should be resisted.

Outline application to form class B1c, C1, C2, C3 and D1 including parking and new access arrangements after demolition of existing warehousing units [Skelton, Rawcliffe and Clifton Without Ward] [Site Visit].

Members considered a major outline application, submitted by Water Lane Ltd, to form class B1c, C1, C2, C3 and D1 uses, including parking and new access arrangements, after demolition of existing warehousing units .

The proposal, which was identical to application 08/00832/OUTM (minute 11c refers) had a long planning history and was now subject of an appeal against non-determination by the Council.  In such circumstances it was no longer possible for the Council to determine the application and the purpose of the report was to establish the formal attitude of the Committee to the proposal, for use in the forthcoming Public Inquiry.

RESOLVED:             That the application be opposed at the forthcoming Public Inquiry.¹

REASON:                  The land subject to this application is allocated within the 4th Set of Changes to the City of York Draft Local Plan as a Standard Employment Site. Other than the stipulated B1c use, the proposed uses are contrary to this allocation and specifically Policy E3b of the City of York Draft Local Plan. The Council consider that there is no clear evidence at this time that the site is not required for the specified employment uses and therefore the application is considered to be premature and therefore should be resisted.

Erection of part two storey, part three storey building to form purpose built school (to replace existing school building) with associated car and cycle parking, landscaping and sports pitches; use of adjacent land to south for temporary car parking and access during construction phase. [Huntington/New Earswick Ward] [Site Visit].

Members considered a major full application, submitted by Learning, Culture & Children’s Services, for the erection of a part two storey, part three storey building to form a purpose built school (to replace the existing school building) with associated car and cycle parking, landscaping and sports pitches, and the use of adjacent land to the south for temporary car parking and access during the construction phase.

The case officer recommended an number of additional or amended conditions be included:

·  Four conditions relating to biodiversity;

·  An hours of demolition and construction condition;

·  A condition requiring a detailed method statement to demonstrate how the change in surface adjacent to the existing tennis courts could be carried out without detriment to the health of the adjacent trees;

·  A condition requiring heras fencing along the diverted public footpath;

·  An amendment to condition 38 restricting the height at three storey level to 11.8m.

It was also confirmed that the Internal Drainage Board had withdrawn their objections to the application, in view of the Environment Agency’s comments.

Members requested that the hours of demolition and construction required by condition be the standard 08.00-18.00 Monday to Friday, 9.00-13.00 Saturday and no work on Sundays and Bank Holidays.

RESOLVED:             That the application be approved, subject to the conditions listed in the report, with the following amendments and additions:¹

                                    Amended Condition 38

Notwithstanding the information contained on the approved plans, the height of the approved development shall not exceed 11.8 metres at three storey level and 8.5 metres at two storey level, as measured from existing ground level. Before any works commence on the site, a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

Reason: to establish existing ground level and therefore to avoid confusion in measuring the height of the approved development, and to ensure that the approved development does not have an adverse impact on the character of the surrounding area.

                                    Additional Condition

A habitat and landscape management plan for the whole site shall be submitted to and approved by the Local Planning Authority prior to the commencement of the development or within such longer period as may be agreed in writing prior to commencement.  The plan shall include:

(i) Description and evaluation of the features to be managed;

(ii) Ecological trends and constraints on site that may influence management;

(iii) Aims and objectives of management;

(iv) Appropriate management options for achieving aims and objectives;

(v) Prescriptions for management actions;

(vi) Preparation of a work schedule (including a 5 yr project register, an annual work

plan and the means by which the plan will be rolled forward annually);

(vii) Personnel responsible for implementation of the plan;

(viii) Monitoring and remedial / contingencies measures triggered by monitoring.  ...  view the full minutes text for item 11e

This report presents the Skelton consultation draft Village Design Statement.  It sums up the process so far in producing the document and concludes that a consultation process should be undertaken, with a view to adopting the design statement as an Interim Planning Statement to the draft Local Plan (as amended).

Members received a report which presented the Skelton consultation draft Village Design Statement (VDS).  It summed up the process so far in producing the document and concluded that a consultation process should be undertaken, with a view to adopting the design statement as an Interim Planning Statement to the draft Local Plan (as amended).

The report presented the following options for consideration:

·  Option 1 – To approve the draft VDS for consultation, with the range and methods of consultation outlined in the report;

·  Option 2 – To request the Skelton VDS Group to amend the draft document and/or to request officers to make basic changes to the range and methods of consultation;

·  Option 3 – To not approve the draft VDS for consultation.

Representations were received from Councillor Richard Moore as Chair of the VDS Steering Group.

It was noted that the list of consultees at Annex 3 of the report should refer to the Kyle & Upper Ouse Internal Drainage Board, rather than the Foss Internal Drainage Board, and that the Yorkshire Ambulance Service should also be included.

Members requested that the status of the VDS in relation to the Local Development Framework be clarified in the final version of the document.

RESOLVED:(i) That the draft Village Design Statement for Skelton be approved, as a basis for the next stage of consultations;

(ii)               That the range and methods of consultation proposed be agreed.¹

REASON:(i) The draft VDS follows in the footsteps of other VDS's that have been agreed; observing the general guidance and principles required in their production, whilst successfully defining the individual qualities of Skelton as a village and bringing forward appropriate Design Guidelines.

                        (ii) The consultation process as suggested in the report follows the procedure established for other Village Design Statements, at this stage of their production.