Agenda item

Variation of legal agreement to allow food retail to be traded from the premises [Guildhall Ward].

The Committee considered a legal agreement application, submitted by CB Richard Ellis Limited, for the discharge of a legal agreement to allow food retail to be traded from the premises.

Officers circulated the following updates:

• Revised Conclusion: Part 5 “Conclusion” on page 25 of the report is recommended to include new obligations requiring:

i)        Any new boiler and refrigeration plant installed on site will meet the highest possible environmental standard in terms of emissions and

ii) include, as part of the Travel Plan requirements:

a) incentives for smaller/low emission vehicles to park at the site;

b) A policing/monitoring arrangement to prevent long stay parking on site; and

c) Delivery vehicles using the site should be low emission.

In addition, it is anticipated that the applicant will agree to enter into Section 106 the following matters:

1.   Cycle parking provision in line with the requirements set out by Highway Network Management; and

2.     Car parking layout to be agreed prior to the first occupation.

·        A Legal Briefing note to confirm that this is NOT a planning application,

·        That it is an application under s106A of the Town and Country       Planning Act 1990 to discharge a planning obligation (under a s52 agreement) to allow for the sale of food.

·        Ancillary to the application to discharge the planning obligation, the applicant has agreed to enter into a new s106 agreement on the following basis:

1.      15% restriction on ancillary non-food goods by net floorspace;

2.      £90.5k towards the Foss Basin Masterplan;

3.      Travel Plan, to include:

i)       Staff travel plans, including incentives for staff to walk or cycle or use public transport or other sustainable means;

ii)     Policing/monitoring arrangements to prevent long stay parking on the site;

iii)   Delivery vehicles using the site should be low emission;

iv)    £5k towards Traffic Regulation Orders;

v)      Any new boiler/refrigeration plant installed on site to meet highest possible environmental standards in terms of emissions.

·        In determining the application to discharge the original planning obligation, the powers of the Local Planning Authority are tied to the requirement that if it considers the obligation no longer serves a useful purpose, it must be discharged.

·        Planning Officers’ position is that the planning obligation no longer serves a useful purpose and can therefore be discharged, since the reason for its imposition i.e. the policy need to restrict or prevent food retailing floorspace at the site here no longer exists.

·        Legal Officers consider that the proposed new s106 agreement is entirely proper;

·        In terms of any other matters or measures the Council may wish to introduce to the legal agreement beyond which applicant has agreed to (as per the list above) they would not pass the test in the relevant legislation. The test is that the planning obligation no longer serves a useful purpose.

·        Therefore there would be no justification for the LPA to refuse or defer the discharge application for other matters to be included, as it is considered the application meets the legal test for discharge and the mitigation measures are the basis of an agreement between the parties.

The following points were raised and questions answered:

·        Data showed an increase in traffic levels with the change from a non-food to food retail store;

·        Any increase in traffic would affect air quality close to Lawrence Street where problems already existed;

·        Effect of the proposal on the authorities Air Quality Action Plan;

·        The practicality of the financial contribution in relation to additional vehicular trips as requested by Highway Network Management;

·        Confirmed that landscaping was included as part of the car parking layout;

·        Details of the traffic mitigation measures;

·        Concerns re impact on city centre;

·        Clarification from Officers that separate proposals for a new signalised junction had been received for the junction adjacent to the site.

The Chair congratulated Officers on their negotiation of a new Section 106 agreement, which would hopefully mitigate any additional impact on the area.

RESOLVED:             That the discharge of the legal agreement be approved subject to the applicants entering into a new Section 106 agreement.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the new Section 106 Agreement requirements listed, would not cause undue harm to interests of acknowledged importance, with particular reference to the vitality and viability of York's city and district centres, highway considerations and air quality. As such the proposal complies with national and local planning policy, in particular with most relevant Policies S2, SP7a, GP4b and T13a of the City of York Development Control Local Plan.