Agenda and minutes

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.

Councillor Ayre declared a personal non prejudicial interest in plans item 3a (Site of 17-21 Picadilly, York) as he had a professional relationship with one of the registered speakers through his work with Healthwatch North Yorkshire.

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 on Wednesday 10 May 2017. 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 Officers for the meeting, on the details at the foot of this agenda.

Filming or Recording Meetings

Please note this meeting will be filmed and webcast and that includes any registered public speakers, who have given their permission.  This broadcast can be viewed at http://www.york.gov.uk/webcasts.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officers (whose contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at http://www.york.gov.uk/download/downloads/id/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809.pdf

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.

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.

Erection of two storey multi unit mixed use development containing retail units and food kiosks (Class A1),cafes/restaurants (Class A3), drinking establishments (Class A4), studio/workspace (Class B1), meeting/exhibition space (Class D1) and ancillary facilities including outdoor seating areas. [Guildhall Ward] [Site Visit]

Members considered a full application by Leach, McKenzie and Gardham for the erection of a two storey multi-unit mixed use development containing retail units and food kiosks (Class A1), cafes/restaurants (Class A3), drinking establishments (Class A4), studio/workspace (Class B1), meeting/exhibition space (Class D1) and ancillary facilities including outdoor seating areas.

Officers advised that an anonymous letter had been circulated to Members which expressed concern that the proposed scheme would have an adverse effect on the appearance of the conservation area and cause noise, smells, litter and would also impede future redevelopment of the Piccadilly area.

They advised that a further letter had also been received from a resident of Mawsons Court who had attended the site visit but was unable to attend the committee meeting, and this had also been circulated to Members. In summary the letter raised concern over the predicted noise levels after 7pm and suggested mitigation as follows:

-         the Spark noise management policy specifically details how this issue is going to be robustly managed at an operational level, and precisely how noise levels are going to be assessed.

-         (artistic) notices be put on display reminding the customers they are in a residential area and asking for their respect

-         notices on the entrance advising groups of 8 or more that a reservation is required

-         a monthly meeting with the neighbours to engage and listen to feedback

-         a noise survey to be done at 7pm, 8pm, 9pm and 10pm on Friday 14th July and again on Saturday 15th July 2017 at NSR1,2,3 and Mawsons Court (assuming the project is fully functional by this date, if not, the survey to be done on the 4th Friday and Saturday of Spark's normal operation), and these results shared with the neighbours.

Officers advised that at the site meeting it had been confirmed that there would be no smoking on site.

Officers advised that amendments were recommended to condition 4 (cycle parking), condition 5 (storage areas), condition 13 (hours of operation) and condition 16 (music).

In response to the queries raised in the written representation re noise, the Environmental Protection Officer advised that from his perspective, the applicant could choose the most appropriate method to monitor noise levels through a suitable management plan and licensing controls.

Mike Proctor, a local resident, addressed the committee in objection to the application. He acknowledged that the Spark consultant had endeavoured to provide a balanced and fair response to the concerns raised by residents but advised he still had still concerns in relation to both noise and opening hours. He stated that the open air first floor area was only 4 to 5 metresfrom his living room window and balcony and requested that opening hours be restricted further to close at 9pm.

Matthew Laverack, a local architect, addressed the committee in relation to the application. He circulated copies of a pre application enquiry at 64 Moor Lane, Dringhouses, a proposal to replace an old warehouse with relocatable buildings  ...  view the full minutes text for item 106.