Agenda item

Retention of external lighting [Micklegate Ward] [Site Visit]

Members considered an application for Listed Building Consent for the retention of external lighting.

Officers explained that normal policy on lighting in the historic core would be to consider only buildings of historical or cultural significance and that this building would not fall into such a category. They stated that, even if the lighting of the building was considered to be acceptable in principle, the lights themselves would need to be well designed to respect the character and appearance of the building and poorly designed or located fittings would render a scheme unacceptable.

Representations were received from the Conservative Parliamentary Candidate for York Central. She spoke in support of all three applications for this site. She advised Members that the applicant had devoted a lot of time to resurrecting the building and bringing it back into use and stated that work had already been delayed a year and a half. She explained that the scheme would bring social, business and employment benefits to the people of York.

Representations were also received from the applicant, in support of his application to retain the lighting. He stated that the lights, which were positioned over each arch, made the business visible to passing trade and were also important to provide his doorstaff with adequate light in order to check customers’ identification on entry. He stated that the floodlights were as slim as possible and of black plastic construction which did not stand out. He advised Members that the lights were low energy with individual units having a life expectancy of 5-6 years. He also confirmed that the additional wiring on the outside of the building did not belong to the Artful Dodger.

Representations were also received from Councillor Fraser in support of the all three applications on this site. He advised Members that the developments would bring previously used space into use and the building would not just benefit young people but in fact people of all ages. He advised Members that the Micklegate Ward Planning Panel had raised no objections to the application and had been generally accepting of proposals. He expressed the view that the lights did not detract from the building and urged the Committee to approve the application.

Officers reminded Members that in Listed Building Consent applications, the Planning Act requires the local authority to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.  

Members questioned whether the applicant had made any attempt to fit appropriate lighting for a Grade 2 listed building and officers advised that the lighting had been erected without any consultation with the Planning Authority.

In response to a query from Members on the issue of floodlighting, Officers advised that planning policy allows for buildings “of cultural significance” to be floodlit, but confirmed that as a pub, this building would not be classed as such. They advised that signage could be lit and suggested that the doorway could be lit with a down lighter in the recess.

Councillor Galvin moved a motion to defer the application to allow more time to look into other lighting options and Councillor S F Galloway seconded this motion. On being put to the vote the motion to defer was lost.

Members voiced their concerns over the lack of discussion which had taken place between the applicant and the Planning Authority on suitable means of lighting.

RESOVLED:             That the application be refused.

REASON:                  The floodlighting fittings affixed to the principal street elevation of the property are visually harmful to the historic character and integrity of the Listed Building by virtue of their number, size, design, location and associated wiring. Lighting of the main street elevation is furthermore felt to be inappropriate in principle with the development running contrary to Policies HE4 and GP 18 of the York Development Control Local Plan and Central Government guidance on Listed Building Control outlined in PPG15 Paragraphs 3.12 and 3.13.