Agenda item

This proposal is for the erection of five storey side extension and three storey front extension to provide additional 42 bedrooms, replacement of existing bedroom windows and erection of single storey restaurant extension, entrance canopy, cycle shelter and associated landscaping works. [Fishergate] [Site Visit]

Members considered a major full application for the erection of a five storey side extension and a three storey front extension to provide an additional 42 bedrooms, replacement of existing bedroom windows and erection of single storey restaurant extension, entrance canopy, cycle shelter and associated landscaping works.

Officers updated Members by recommending that a condition to restrict the hours of construction be included should planning permission be granted.

The agent for the applicant advised Members that there had been extensive local consultation on the new extensions and that response had generally been positive. He added that the amenities of the occupants of neighbouring, William Court, had been considered by the proposals. He added that the hotel facility made a valuable contribution to tourism in York.

Members indicated that they were happy with the current application in light of improvements that had been made since the previously refused application. They asked about the maintenance of the proposed grass roof and whether the condition proposed to cover this would provide control past five years.

Officers replied and said that five years was a standard time period used in respect of landscaping conditions and that a specific time frame had to be stated within the condition in order to comply with national guidance on planning conditions.

RESOLVED:             That the application be approved subject to an amended and additional condition alongside the conditions listed in the Officer’s report.¹

(i)        Condition 26- Unless otherwise agreed in writing by the local planning authority, there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no buildings shall be occupied or brought into use prior to completion of the approved foul drainage works.

Reason: To ensure that no foul or surface water discharges take place until proper provision has been made for their disposal

(ii)      Condition 29- All demolition and construction works, vehicular access and ancillary operations, including deliveries to and dispatch from the site shall be confined to the following hours:

Monday to Friday08.00-18.00

Saturday 09.00-13.00

Not at all on Sundays and Bank Holidays.

Reason: To protect the amenities of nearby residents

REASON:                  1.In the opinion of the Local Planning Authority, the proposal, subject to the conditions listed in the officers report, would not cause undue harm to interests of acknowledged importance, with particular reference to design, appearance and impact on the conservation area, parking and highway safety, servicing and environmental protection considerations, residential amenity, flood risk, sustainability, planning against crime, archaeology and local wildlife. As such the proposal complies with Policies Y1, ENV1, ENV2, ENV5, ENV9, E1, E6, T2 and T5 of the Yorkshire and Humber Regional Spatial Strategy to 2026, and Policies SP3, SP8, GP1, GP3 and GP4A, GP4B, GP9, GP11, GP15, NE8, NE2, HE2, HE10, T4, T7C, T12, T13A, V1, V3 and V4 of the City of York Development Control Local Plan.

                                    2.The Developer’s attention should also be drawn to the various requirements for the control of noise on construction sites laid down in the Control of Pollution Act 1974. In order to ensure that neighbours are not adversely affected by air pollution and noise, the following guidance should be attached to any planning approval:

i.                    The work shall be carried out in such a manner so as to comply with the general recommendations of Bristish Standards BS 5228:part 1:1997, a code of practice for “Noise and Vibration Control on Construction and Open Sites” and in particular Section 10 of Part 1 of the code entitled  “Control of Noise and Vibration”.

ii.                  All plant and machinery to be operated, sited and maintained in order to minimise disturbance. All items of machinery powered by internal combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with manufacturers instructions.

iii.                The best practicable means as defines by Section 72 of the Control of Pollution Act 1974, shall be employed at all times, in order to minimise noise emissions.

iv.                 All reasonable measures shall be employed in order to control and minimise dust emissions, including sheeting of vehicles and use of water for dust suppression.

v.                   There shall be no bonfires on site.

3. The applicant is informed that roof drainage should not be passed through any drain interceptor.

4. Foul water from kitchens and/or food preparation areas of any restaurants and/or canteens etc. must pass through a fat and grease trap of adequate design before any discharge to the public sewer network. The developer is advised to consult Yorkshire Water’s industrial waste section on any proposal to discharge a trade effluent to the public sewer network.

5. if the developer is looking to have new sewers included in a sewer adoption agreement with Yorkshire Water (under Section 104 of the Water Industry Act 1991), he should contact Yorkshire Water’s New development team at the earliest opportunity. Sewers  intended for adoption should be designed and constructed in accordance with WRc publication  ‘Sewers for Adoption – a design and construction guide for developer’s ‘ 6^th edition, as supplemented by Yorkshire Water’s requirements.

6. The applicant is reminded that in order to allow sufficient access for maintenance and repair work at all times, no building or other obstruction should be located over or within 3.0m either side of the centre line of the sewer, which crosses the site.

7. The applicant is advised that the site drainage details submitted have not been approved for the purposes of adoption or diversion. If the developer wishes to have the sewers included in a sewer adoption/diversion agreement with Yorkshire Water and follow the procedure outlined above in item 5.

8. The developer is required, under Section 115 of the Water Industry Act 1991 to enter into a formal agreement with Yorkshire Water Services to discharge non-domestic flows into the public sewer network.