Agenda item

Use  as office (B1 use) with 2 apartments in roof space with new mansard roof to southern building, erection of stair and lift access tower in courtyard and bridge link to Skeldergate (revised scheme) [Micklegate Ward] [Site Visit].

Members considered a full application by Mr W Legard for use as an office (B1 use) with two apartments in the roof space with a new mansard roof to the southern building, the erection of a stair and lift access tower in the courtyard and a bridge link to Skeldergate (revised scheme)

 

Officers updated Members on the application and recommended that amendments be made to the following conditions

 

• Condition 2 – inserts drawing number and letter reference – not listed in officer’s report

 

• Condition 10  - add “fire screens” and “any alterations to windows and doors including any alterations to taking in doors” to Large Scale details.

 

• Condition 23 should be replaced with the standard Highway Condition 18 with cycle parking details to be agreed.

 

• Condition 24 – amend wording of Travel Plan condition.

 

• Condition 28 – to read “the residential uses of the building shall not be occupied until the footbridge has been constructed and is operational. Members indicated that this would also require an amendment to Condition 18.

 

Officers also recommended that additional conditions be added in relation to the taking in doors and gantry and the entrance courtyard including ramp access to the building and, car parking and bin storage.

 

Members questioned why the bridge link to Skeldergate (to facilitate access in the event of a flood) was not deemed necessary for office use. Officers explained that office use could be more easily managed in the event of potential flooding as they are occupied during the daytime and have a manager and therefore workers could be evacuated before danger became imminent through an evacuation procedure (condition 27).

 

Representations were received from the agent on behalf of the applicant in support of this application (and the application for Listed Building Consent (Minute 64j refers)) He stated that the application was to enable a mix of uses with office and residential space. He confirmed that he was happy with the condition with the bridge link relating to residential use and that he understood that the Environment Agency would require an evacuation procedure to be drawn up for office use. He asked Members to approve the application to enable flexible use of the building in future.

 

Members agreed that the building was overdue for development and that it would provide useful office space on this side of the city.

 

RESOLVED:             That the application be approved subject to the conditions listed in the report and the amended and new conditions listed below. ¹

 

Amended Condition 2

The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:-

 

Drawing No's;   BWL 103, 106 , 108,  201, 202,  204, 205, 206 C, 207,  210, 212, 213,  214,  215,  216, and  Roof Plan Revision D received on 7th January 2009

 

Drawing No's;  2007 1029 02, 03, 04, 05 A, 06 A, 07, 08, 09 received on 7th January 2009

 

Letter dated 12/2/2009 to supplement February 2007 Flood Risk Assessment

 

Drawing No's;   2007 1029 / 501 B, 502 B, 503 B, 53 A, 54 A received on 9th March 2009.

 

Drawing No: BWL 107 A received on 9th March 2009

 

or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans.

 

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

 

Amended Condition 10

Large scale details (1:20 and 1:5 as appropriate) )of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the relevant part of the development and the works shall be carried out in accordance with the approved details.

              

i)                Glazed entrance area including main door

ii)          Stairtower, retractable bridge and walkway to Skeldergate including alteration and gate to Skeldergate Bridge wall

iii)                Alterations to balconies

iv)           New dormer windows

v)               Rooflights (to be conservation type sub-divided by two glazing bars)

vi)           All new windows and doors (scale 1:5)

vii)          Full sectional details and plans of the new mansard roof in relation to the parapet walls, gutters and the walls of Block A

viii)                Layout and details of the roof covering

ix)           New platform and ramp

 x)           Yard ramp and balustrade

 xi)                Alterations to the yard wall, piers and gates

 xii)         fire screens

 xiii)        any alterations to windows and doors including alterations to taking in doors

              

Reason:Because of the special interest of the listed building and the character and appearance of the conservation area in accordance with policy HE2 and HE4 of the Local Plan.

 

 

Amended Condition 18

Prior to the commencement of any part of the residential scheme hereby permitted, full details shall be submitted to and approved in writing by the Local Planning Authority of the design, construction and method of operation of the emergency footbridge serving the site.

              

The bridge shall be fully retracted except when required by a flooding event.

              

Reason: In the interests of highway safety and the character and appearance of the conservation area and nearby listed buildings.

              

Informative: The details shall in all respects comply with the City of York Council Document "Technical Approval Procedures for Developers Structures".

 

Amended Condition 23

Prior to the development commencing details of the cycle parking areas, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.

 

Reason:  To promote use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

 

Amended Condition 24

Prior to the occupation of the site, a heads of terms agreement to be included in a future company travel plan, shall be submitted and approved in writing by the LPA. The heads of terms agreement shall include those measures that will be carried out by the occupier to reduce dependence on the private car and encourage sustainable means of travel to and from the site.

 

*Within 6 months of occupation of the site, a full company travel plan developed and implemented with national guidance and guidance currently published by the City of York Council shall be submitted and approved in writing by the LPA.

 

*Within 12 months of occupation of the site, a first year staff travel survey shall be submitted and approved in writing by the LPA.  Results of the yearly staff travel surveys shall then be submitted annually to the authority's travel plan officer for approval.

 

Reason:To ensure the development complies with advice contained in PPG 13-Transport, and in Policy T20 of the City of York deposit Draft Local Plan, and to ensure that adequate provision is made for the movement of vehicles, pedestrians, cycles and other modes of transport to and from the site, together with provision of parking on site for these users.

 

Amended Condition 28

The residential uses in the building shall not be occupied until the footbridge has been constructed and is operational.

 

Reason;  To ensure the users of the building remain "safe" for its entire occupation, in line with PPS25 and policy GP15a of the Local Plan.

 

Additional Condition 29

The taking in doors and gantry shall remain in situ unless otherwise agreed in writing by the Local Planning Authority

 

Reason:  In the interests of the special character of the listed building.

 

Additional Condition 30

Notwithstanding the submitted details and prior to the commencement of the development hereby permitted, details shall be submitted to and approved in writing by the Local Planning Authority of the entrance courtyard including ramp access to the building, car parking and bin storage.  The building shall not be occupied until the approved refuse area has been provided and the approved area shall not be used for any purpose other than the storage of refuse as approved.

 

Reason:  In the interests of residential amenity and environmental quality.

 

REASON:      The proposal, subject to the conditions listed in the report and the amended and additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the special interest of the listed building, the character and appearance of the conservation area, the living conditions of nearby residents, flood risk, protected species, highway safety and the provision of leisure, open space and education facilities. As such the proposal complies with Policies GP1, GP15a, HE2, HE4, HE10, HE11, T4, H1, E7, ED4, L1c and NE6 of the City of York Local Plan Deposit Draft and the guidance contained in Planning Policy Guidance 15 (Planning and the Historic Environment) and Planning Policy Statement 25 (Development and Flood Risk).