Agenda item

This application relates to land at the Designer Outlet in Fulford, in particular the coach park adjacent to the adjoining south entrance walkway. The proposal is for the use of the land for the operation of an outdoor recreational ice rink from 12/11/10 to 09/01/11 with opening times of 09.30 to 21.15 every day during this period.

This application has been brought before East Area Planning Sub Committee at the request of Cllr. Aspen so that residents, who have concerns about opening hours, lighting around the Designer Outlet premises and traffic movements, can have an opportunity to raise any points they wish to make in public.[Fulford] [Site Visit]

Members considered a full application by Mrs Maria Farrugia for the temporary siting of a public ice rink (November to January) on the coach park.

Officers circulated a printed update to Members, which has since been published on-line with the agenda for the meeting. It stated that additional conditions should be imposed as recommended by the Council`s Environmental Protection Unit. In addition, a letter from Fulford Parish Council had been received, objecting to the application on the grounds of a potential increase  in light pollution, parking and highway issues. Officers indicated that any noise issues could  be controlled by additional conditions.

Representations were heard from a member of Fulford Parish Council, re-iterating the concerns expressed in the letter and highlighting the proximity of the site to the villages of Fulford and Naburn and the potential consequences of allowing the sale of alcohol and of an increase in the volume of traffic. It was also pointed out that the site is within the Green Belt.

Representations were received from the applicant in support of the application.

Some Members questioned whether the site was currently viewed as a major development site within the Green Belt and queried whether a sustainability study had been carried out in relation to the use of transport.

Members expressed the view  that the temporary location of  the ice rink  at the Designer Outlet was acceptable, because there would be a higher tendency for usage due to the easier transport access links from the bypass and the proximity of  the retail park. It was also considered that there was a need to find a new site for the facility following the loss of the existing site within the city centre. 

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

                         (i) Prior to the commencement of the use hereby approved full details of the acoustic enclosure around the plant and equipment to be located in the service yard shall be submitted to and approved in writing by the Local Planning Authority. The acoustic enclosure shall be installed in complete accordance with the approved details and shall be in place for the entire operation of the use hereby approved.

                                    For the avoidance of doubt, the acoustic enclosure shall at least 2.5 m in height and imperforate in construction with no air gaps to allow the passage of noise, such as a close boarded fence.

                                    Reason:          To safeguard the amenity of local residents.

(ii)               Only one portable electric generator shall be in operation at any time, unless required for emergency purposes.

Reason:To safeguard the amenity of local residents.

(iii)             The two outdoor heating units serving the development shall only be operated during the hours of 09:00-21:30, unless required for emergency purposes.

Reason:To safeguard the amenity of local residents.

(iv)              Prior to the commencement of the hereby approved full details of the location of the acoustic enclosure around the outdoor heating units shall be submitted to and approved in writing by the Local Planning Authority. The acoustic enclosure shall be installed in complete accordance with the approved details and shall be in place for the entire operation of the use hereby approved.

For the avoidance of doubt, the acoustic enclosure shall be at least 2.0 m in height and imperforate in construction with no air gaps to allow the passage of noise, such as a close boarded fence.

Reason:To safeguard the amenity of local residents.

(v)                The ice resurfacer shall only be operated during the hours of 08:30- 21:30, unless required for emergency purposes.

Reason:To safeguard the amenity of local residents.

(vi)              Prior to the first use of the ice rink, details shall be submitted to and approved in writing by the Local Planning Authority as to how sustainable transport choices will be promoted. This shall include promotion of bus services and safe illuminated pedestrian and cycle routes. The development shall be carried out in accordance with the approved details.

Reason: For the reasons of sustainability and traffic management.

REASON:                  The proposal, subject to the conditions listed in the report and above, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the amenities of local residents, the impact on the Green Belt, and impact on the local highway network and car parking.  As such the proposal complies with Policies GB1, GP1 and GP23 of the City of York Development Control Local Plan and Government policy contained within Planning Policy Guidance note 2 'Green Belts'.