Agenda item

Change of use and alterations to create 12no. residential units at property to rear of 74/76 Micklegate and 3 and 4/5 Barker Lane. [Micklegate Ward]  [Site Visit]

Members considered a major full application (13 weeks) by LaRock Construction for the change of use and alterations to create 12 residential units at the property to the rear of 74-76 Micklegate and 3 and 4-5 Barker Lane.

Officers updated that amended plans had now been received which addressed concerns relating to the impact of the conversion on the character of the buildings and the wider Conservation Area. They also circulated an update (full details of which are attached to the online agenda for the meeting) which reported:

• Submission of a method statement by a structural engineer;
• Bat emergence report;
• Comments from the drainage engineer;
• Additional conditions required relating to:
  • Materials
  • door and window schedules
  • solar panels
  • details relating to railings, balustrading, roof-ights etc
  • details of the raised north light roof light
  • landscaping
  • bat mitigation and conservation and
  • removal of permitted development rights

Members questioned the use of the phrase ‘making good’ in the condition relating to building works and officers confirmed they would amend the condition to make it more robust.

Representations in support of the scheme were received from the applicants agent. She referred to the under use of the premises and to the proposal which would retain the retail unit on Micklegate. The present design had evolved following the guidance of the Planning Officers. It was felt that the design was sympathetic to the integrity of the listed building and its historical context.

Members stated that the proposal was an imaginative use of the premises but went onto question a number of aspects of the application including:

• access to the reception through the retail unit;

• concern that retail unit could be lost in the future;
• health and safety issues of the present use;
• details of the access from Barker Lane to the residential units.

Following further discussion it was

RESOLVED:             That the application be approved subject to the conditions listed in the report and the following additional conditions:

1.      Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of the external materials to be used shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  Bricks and slates should be carefully dismantled, cleaned and stacked for reuse on site.  Rain water goods should be cast iron.  The development shall be carried out using the approved materials.

2.      Any repairs or refurbishment of existing architectural features shall be carried out to a high standard in materials, methods and details to match surrounding surfaces.

3.      A door and window schedule shall be provided to describe both new and adapted joinery. The schedule shall include a description of thresholds, cills, reveals and lintols with the drawings to supplement the text a minimum scale of 1:20. The schedule shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

4.      Full details of the solar panels shall be submitted (manufacturer's literature and sizes) and this should include a typical section showing them in relation to the roof coverings. The solar panels onto Barker Lane should be specified in full, giving maximum dimensions. The details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

5.      Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

a.      new railings around the basement lightwell

b.      timber infill screen to basement lightwell

c.      external canopies

d.      protective balustrading to openings at high level

e.      new gates onto Barker Lane

f.        new wall and railings onto car-park

6.      Full details of the rooflights and verges of the raised north – light  rooflight shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

7.      A method statement shall be provided describing how the dismantling and construction of the raised north-light rooflight will be carried out to avoid damage to surrounding structures within the confined environment. The statement shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

8.      Prior to the development commencing, full details of the landscape proposals showing levels (if different from existing), hard and soft materials, samples of materials and details of external lighting, shall be submitted and approved in writing by the Local Planning Authority.  The existing cast iron drain covers should be reused.  The development shall be carried out in accordance with the approved details.

9.      No development shall take place until full details of what measures for bat mitigation and conservation are proposed and have been submitted to and approved by the Council.

      The measures should include :

(i)  A plan of how work is to be carried out to accommodate the possibility of bats being present.

(ii) Details of what provision is to be made within the new building to replace the features lost through the conversion of the original structures. Features suitable for incorporation for bats include the use of special tiles, bricks, soffit boards, bat boxes and bat lofts and should at least replace or substitute for what is existing. 

(iii) The timing of all operations

The works shall be implemented in accordance with the approved details and timing unless otherwise approved in writing by the Council.

If bats are discovered during the course of the work, then work should cease and Natural England consulted before continuing.

10.   Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), development of the type described in Classes A, B,C, D.E and F of Schedule 2 Part 1 of that Order shall not be erected or constructed.

REASON:               In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to the principle of conversion / loss of employment land; design / impact on the conservation area; residential amenity; highway safety; sustainability and contributions. As such the proposal complies with Policies HE2, HE3, HE4, H4A, E3B, GP4A, L1C and ED4 of the City of York Development Control Local Plan.