Agenda and minutes

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.

Councillor D’Agorne declared personal non prejudicial interests in relation to Plans Items 4a, 4b and 4c (Nestle South, Haxby Road, York 10/01955/OUTM, 10/01960/FULM, 10/02157/LBC) as a member of the City Car Club, the York Cycling Campaign and the Cyclists’ Touring Club, in Plans Items 4d and 4e (88-96 Walmgate, York 10/02542/FULM, 10/02543/CAC) as a member of the Green Party and in Plans Item 4g (Harewood Whin Landfill Site, Tinker Lane, Rufforth 07/02914/FULM) as a member of the York Environment Forum.

Councillor Merrett declared a personal non prejudicial interest in relation to Plans Items 4a, 4b and 4c (Nestle South, Haxby Road, York 10/01955/OUTM, 10/01960/FULM, 10/02157/LBC) as a member of the York Environment Forum, Honorary Member of the Cyclists, Touring Club, a member of York Cycle Campaign and a member of the Cycling England Board.

Councillor Reid declared a personal prejudicial interest in relation to Plans Item 4g (Harewood Whin Landfill Site, Tinker Lane, Rufforth 07/02914/FULM) as the Council’s representative on Yorwaste and left the room and took no part in the voting or discussion on the application.

Cllr R Watson declared a personal prejudicial interest in relation to Plans Items 4d and 4e (88-96 Walmgate, York 10/02542/FULM, 10/02543/CAC) as his firm undertook legal work in relation to the purchase of the site and vacated the Chair. He left the meeting and took no part in the voting or discussion on the applications.

To approve and sign the minutes of the last meeting of the Planning Committee held on 16 December 2010.

RESOLVED:             That the minutes of the last meeting of the Planning Committee held on 16 December 2010 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 5.00pm on Wednesday 19 January 2010. 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.

This item invites Members to determine the following planning applications:

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

Outline proposal for a mixed use development including residential, live/work, residential student accommodation, offices, retail, café, assisted living, community centre, gymnasium, crèche and associated car parking, landscaping, highway infrastructure and other ancillary works [Clifton Ward][Site Visit]

Consideration was given to an outline application, submitted by Nestle UK Ltd, for a mixed use development including residential, live/work, residential student accommodation, offices, retail, café, assisted living, community centre, gymnasium, crèche, and associated car parking, landscaping, highway infrastructure and other ancillary works.

Officers referred to the three different types of applications under consideration at the meeting for the Nestle site, the first in outline for a mixed use development and access in line with the previously agreed masterplan together with an indicative layout for the remainder of the site, the second a full application for the retained buildings and the final application for listed building consent.

Officers circulated an update in relation to the applications which included details of the following issues (copy of the full update is attached as an Annex to the online agenda):

• Details of the various aspects of the draft Section 106 Agreement which formed part of the proposals under consideration, including:
  • Public Art
  • Sport and recreation
  • Sustrans path
  • Affordable housing
  • Contribution towards education provision
  • Community Use Agreement
  • Recording and analysis of air quality
  • Open Space and Woodland Construction Management and Maintenance Plan
  • Assisted Living Management Plan
  • Marketing Plan
  • Sustainable transport contributions
  • Traffic Regulation Orders

·        Submission of an Environmental Impact Assessment and the need to add this to the Officers recommended reasons for approval.

·        Receipt of an additional letter of objection from a local resident.

·        Update to Paragraph 3.48, page 22 - comments of the Conservation Area Advisory Panel confirming that they raised no new issues to the proposed revisions.

·        Additional condition relating to the provision of washing and changing facilities for office staff to promote bicycle use

·        An additional condition regarding the creation of a pedestrian refuge for the crossing of Haxby Road.

·        Details of amendments to the following suggested conditions:

-       Condition 2 – Plan revisions

-       Condition 11 – Internal noise level wording redrafted so as to be more precise

-       Condition 37 – Car parking/spaces wording redrafted so as to be more precise

-       Condition 39 – Connection to the Sustrans path, recommended for deletion as this was covered in the Section 106 Agreement.

Representations were then received from a representative of the York Civic Trust who confirmed that he welcomed the proposals which followed the previously agreed master plan. He stated that he hoped the property mix would be adhered to as there was a need for family homes in the city. Much thought had been given to the scheme as the scale of the proposals contrasted well with surrounding development and the family homes had been improved with the provision of defensible open space which was supported. Their only concerns related to the Joseph Rowntree Library and its subsequent conversion, the number of student parking spaces and the penthouse appeared dominant and required setting back.

A Nestle Director made representations in support of the scheme which he confirmed had been prepared in accordance with the Council’s brief. He went onto explain the concepts behind the proposals which would regenerate  ...  view the full minutes text for item 33a

Conversion and alteration of retained buildings within Nestle South, including the creation of an additional storey, for a mix of uses incorporating residential, live/work, residential student accommodation, office, retail, café, and associated landscaping, roads and car parking [Clifton Ward][Site Visit]

Members considered a major full application, submitted by Nestle UK Limited, for the conversion and alteration of retained buildings within Nestle South, including the creation of an additional storey, for a mix of uses incorporating residential, live/work, residential student accommodation, office, retail, café, and associated landscaping, roads and car parking.

Officers circulated an update which detailed (copy of the full update is attached as an Annex to the online agenda):

• Recommendation to read ‘Approve subject to Section 106 Agreement’.
• Replace Condition 2 with updated list of plans/documents.
• Condition 31 relating to car parking management plan, redrafted so as to be more precise.
• Additional condition, relating to the provision of washing and changing facilities within the office accommodation.
• Additional condition, relating to the design and dimensions of the passenger lifts to be able to accommodate people with bicycles.

Members confirmed that there were minimal changes proposed to the building thereby retaining its character and important features whilst providing a number of mixed uses. They also expressed support for the conversion of the Library into a community café and the enhancement of the area with landscaping.

RESOLVED:             That the application be approved subject a Section 106 agreement (as per the outline application), the conditions listed in the report and the following amended and additional conditions:

Amended Condition 2:            The development hereby permitted shall be carried out in accordance with the following plans:-

- Revised Proposed Elevations Building 66-67-2 plan number AL(CA)209 G received by CYC 14/01/11

- Revised Proposed Elevations Building 66-67-2 The New Elements plan number AL(CA)214 B received by CYC 14/01/11

- Revised Proposed Masterplan plan number AL(CA)201 D received by CYC 14/01/11

- Revised Proposed Plans Building 66-67-2 Ground + First plan number AL(CA)206 F received by CYC 14/01/11

- Revised Proposed Plans Building 66-67-2 Floors 2-5 Floor 6 plan number AL(CA)207 E received by CYC 14/01/11

- Detailed Design for Haxby Road Frontage plan number 930-23A received by CYC 24/12/10

-          Revised Proposed Sections Building 66-67-2 Section A plan number AL(CA)210 F, Section B plan Number AL(CA)211 F, and Section C plan number AL(CA)212 E all received by CYC 14/01/11. 

Amended Condition 31: The operation and management of the car parking on each phase of the development shall be undertaken in accordance with a car park management scheme for that phase, which shall be submitted to and approved in writing by the LPA prior to that phase of the development being brought into use. The car park management plan shall include, where appropriate, the following details:

- how many spaces are allocated to the use

- how car parking spaces within that use would be allocated

- where the car parking spaces are located

- how the car parking would be managed and enforced

- the procedures to be put in place as students move in and out of the premises

The approved scheme shall be implemented in complete accordance with the approved details and thereafter retained unless otherwise agreed in writing by the Local Planning  ...  view the full minutes text for item 33b

Demolition of buildings 51 and 52 and reinstatement of the building fabric of buildings 66-67 and 76 (Joseph Rowntree Library) [Clifton Ward] [Site Visit]

Consideration was given to a Listed Building Consent application, submitted by Nestle UK Ltd, for the demolition of buildings 51 and 52 and the reinstatement of the building fabric of buildings 66-67 and 76 (Joseph Rowntree Library).

RESOLVED:             That approval be granted subject to the conditions set out in the report.

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 the character, appearance, and setting of the listed building. As such the proposal complies with Policy HE4 of the City of York Development Control Local Plan.

Erection of a 4 storey building to form a 102 bedroom hotel [Guildhall] [Site Visit]

Members considered a major full application, submitted by S Harrison Developments Ltd and Sojourn Hotels, for the erection of a 4 storey building to form a 102 bedroom hotel.

Officers updated with the following information:

• Additional condition required to ensure that adequate facilities were included for the treatment and extraction of cooking odours.
• Revised plans were displayed which detailed the addition of decorative railings and the incorporation of brickwork columns to divide the glazing on the frontage.
• Comments of the Green Party in relation to the strengthening of the  proposals for sustainable building and renewables and coach parking.
• Officers confirmation that a coach could undertake a 3 point turn manoeuvre on Hurst’s Yard/Percy’s Lane. There was also sufficient room for a coach to load/unload on the Walmgate frontage whilst leaving sufficient space for a bus to pass.
• Confirmation that a Traffic Regulation Order contribution would be required to amend waiting restrictions in Percy’s Lane to enable servicing of the hotel to take place.

Representations in support of the application were then received from the applicants agent. He pointed out that this would not be a budget hotel but run by a new operator from the United States, rejuvenating the Walmgate area and creating up to 40 jobs. The design was sympathetic to the Conservation Area and as the main hotel business would be accommodation this would assist in boosting the local economy.

Members questioned and commented on a number of aspects of the proposals including:

• Need to provide 2 dedicated disabled parking spaces for hotel guests.
• Staff parking issues with late shifts eg motorcycles.
• Archaeological survey work and possible incorporation of any findings in the building.
• Recycling facilities.
• Management plan for the servicing of arrivals and departures.

Officers confirmed that they would take members comments on board in relation to disabled parking when drawing up the traffic regulation orders in the area. 

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

Amended Condition 2: The development hereby permitted shall be carried out in accordance with the following plans:-

D -103D site layout

Floor plans

D -201D - ground floor plan

202C - 1st floor

203B - 2nd floor

204B - 3rd floor

205B - roof

D – 302C -large scale elevations

Elevation drawings D-401D, 402D, 403E, 404D

Additional Condition: Prior to occupation of the development a servicing strategy detailing how deliveries and coach arrivals and departures from the site will be managed shall be submitted to and approved in writing by the Local Planning Authority. The development shall operate in accordance with the approved details thereafter unless otherwise agreed in writing by the Local Planning Authority.

Additional Condition: There shall be adequate facilities for the treatment and extraction of cooking odours. Details of the extraction plant or machinery and any filtration system required shall be submitted to the Local Planning Authority for written approval. Once approved it shall be installed and fully operational before the  ...  view the full minutes text for item 33d

Demolition of building in the conservation area in connection with the proposed redevelopment of the site [Guildhall Ward] [Site Visit]

Members considered a Conservation Area consent, submitted by Mr Chris Hale, for the demolition of buildings in the conservation area in connection with the proposed redevelopment of the site.

Following discussion it was

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

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 the character and appearance of the conservation area.  As such the proposal complies with PPS5: Planning for the Historic Environment and Policy HE5 of the City of York Development Control Local Plan.

Conversion of 7 no. townhouses (unit numbers 22, 23, 24, 25, 26, 47, and 48) to 14 no. duplex apartments within Phase 1 of the Hungate redevelopment scheme [Guildhall Ward]

Members considered a major full application, submitted by Hungate (York) Regeneration Ltd, for the conversion of 7 no. townhouses (unit numbers 22, 23, 24, 25, 26, 47 and 48) to 14 no. duplex apartments within Phase 1 of the Hungate redevelopment scheme.

Officers updated with the following information:

• An additional condition was required regarding windows in the new units.
• Confirmation that the overall scheme content of 720 units and the associated agreed affordable housing provision for the site as a whole would remain.
• There would also be no changes to the contributions in the previously approved Section 106 agreement.

Representations in support of the application were received from the applicants Planning Consultant. He referred to change in the economic climate since the outline scheme had gained approval 5 years ago. He pointed out that 21 of the 28 townhouse were still unoccupied and to the extensive marketing of the properties already undertaken. In answer to members comments he confirmed the popularity of the 3 bedroom properties and to the flexibility that would be required on the schemes four further phases.

Members referred to a number of issues including proposals for sound proofing between the properties and to concerns regarding the amenity levels and room size of the existing townhouses.

Following further discussion it was

RESOLVED:             That the application be approved subject to a Section 106 agreement and the conditions set out in the report and the following additional condition:

Notwithstanding the submitted plans, full details of the new window units which incorporate the opaque glazing panel 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 in accordance with the approved details.

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: the design of the development, mix of house types /number of units and parking provision.

As such the proposal complies with Policies GP1, HE2 and H3C of the City of York Local Plan Deposit Draft.

Construction of 2 no. concrete pads totalling 25,800 m², site roadways and drainage system including underground storage tanks, for use as a green waste composting and waste wood recycling facility [Rural West York Ward].

Consideration was given to a full application, submitted by Yorwaste Ltd, for the construction of 2 no. concrete pads totalling 25,800m2, site roadways and drainage system including underground storage tanks, for use as a green waste composting and waste wood recycling facility.

Officers circulated an update on the application, which detailed the following (a full copy of the update has been attached as an annex to the agenda for the meeting):

·        The Committee had previously approved this application, subject to the removal of the Environment Agencies objection. Confirmation that this objection had now been removed.

·        The following concerns had been raised by members, residents, the Parish Council and local Member of Parliament:

o     Lack of overall strategy for the site.

o     Potential impact on the local surface water drainage pattern.

o     Lack of provision for renewable energy generation.

o     Use of recycled aggregate and the amount of embedded energy used in the construction process.

o     The scheme could lead to an increase in compostable material over and above the existing situation at the site.

o     Impact on the openness of the Green Belt.

o     Outstanding matter in relation to public rights of way from the Section 106 Agreement.

·        Recommended addition of an informative to Condition 20 in relation to an odour management scheme for the site.

·        Amendment of Condition 21 to read “noise management protocol scheme”.

·        Amendment of Condition 4 to add “including semi-mature specimens wherever practicable”.

·        Confirmation that Rufforth Parish Councils letter, previously circulated to members, referred to a separate application for the site to be considered by the West and Centre Sub-Committee.

Representations were received from a local resident expressing concerns at the lack of communication by Yorwaste, with the Parish Council and local residents. He also referred to a number of outstanding Section 106 conditions and to the 14 incremental variations and alterations received for the site.  He asked members to recommend a formal review of the site and its use.

Representations were also received from a member of Rufforth Parish Council who expressed a number of concerns including that their objections to the scheme still remained. They pointed out that they believed Yorwaste had failed to argue the case for very special circumstances and requested the Committee to delay a decision to enable the developers to produce a master plan for the site.

A representative of Yorwaste confirmed that an Environmental Impact Assessment (EIA) had been submitted with the original application and that  the present application had also been accompanied by an EIA which had considered the development’s potential impact in respect of visual impact, noise etc. He explained that the existing facility was now too small for purpose and that the new pads would enable the compost to be regularly turned to reduce the potential for odour from the site.

Councillor Gillies referred to several outstanding issues at the Harewood Whin site and to resident’s main objections being the lack of an overall strategy for the site. He pointed out the number of separate applications  ...  view the full minutes text for item 33g