Agenda item

Outline proposal for a mixed use development including residential, live/work, residential student accommodation, offices, retail, café, assisted living, community centre, gymnasium, crèche and associated car parking, landscaping, highway infrastructure and other ancillary works [Clifton Ward][Site Visit]

Consideration was given to an outline application, submitted by Nestle UK Ltd, for a mixed use development including residential, live/work, residential student accommodation, offices, retail, café, assisted living, community centre, gymnasium, crèche, and associated car parking, landscaping, highway infrastructure and other ancillary works.

 

Officers referred to the three different types of applications under consideration at the meeting for the Nestle site, the first in outline for a mixed use development and access in line with the previously agreed masterplan together with an indicative layout for the remainder of the site, the second a full application for the retained buildings and the final application for listed building consent.

 

Officers circulated an update in relation to the applications which included details of the following issues (copy of the full update is attached as an Annex to the online agenda):

 

• Details of the various aspects of the draft Section 106 Agreement which formed part of the proposals under consideration, including:
  • Public Art
  • Sport and recreation
  • Sustrans path
  • Affordable housing
  • Contribution towards education provision
  • Community Use Agreement
  • Recording and analysis of air quality
  • Open Space and Woodland Construction Management and Maintenance Plan
  • Assisted Living Management Plan
  • Marketing Plan
  • Sustainable transport contributions
  • Traffic Regulation Orders

·        Submission of an Environmental Impact Assessment and the need to add this to the Officers recommended reasons for approval.

·        Receipt of an additional letter of objection from a local resident.

·        Update to Paragraph 3.48, page 22 - comments of the Conservation Area Advisory Panel confirming that they raised no new issues to the proposed revisions.

·        Additional condition relating to the provision of washing and changing facilities for office staff to promote bicycle use

·        An additional condition regarding the creation of a pedestrian refuge for the crossing of Haxby Road.

·        Details of amendments to the following suggested conditions:

-       Condition 2 – Plan revisions

-       Condition 11 – Internal noise level wording redrafted so as to be more precise

-       Condition 37 – Car parking/spaces wording redrafted so as to be more precise

-       Condition 39 – Connection to the Sustrans path, recommended for deletion as this was covered in the Section 106 Agreement.

 

Representations were then received from a representative of the York Civic Trust who confirmed that he welcomed the proposals which followed the previously agreed master plan. He stated that he hoped the property mix would be adhered to as there was a need for family homes in the city. Much thought had been given to the scheme as the scale of the proposals contrasted well with surrounding development and the family homes had been improved with the provision of defensible open space which was supported. Their only concerns related to the Joseph Rowntree Library and its subsequent conversion, the number of student parking spaces and the penthouse appeared dominant and required setting back.

 

A Nestle Director made representations in support of the scheme which he confirmed had been prepared in accordance with the Council’s brief. He went onto explain the concepts behind the proposals which would regenerate an important city site building on the heritage of Joseph Rowntree.

 

Member went onto discuss the proposals in more detail and in particular they questioned a number of aspects including:

• The inclusion of allotment sites in the S106 agreement and proposals for the existing adjacent allotments.
• Request for an extension of the lease of the sports pitches/facilities on Haxby Road beyond the 25 years already offered. Confirmation by the applicants that a 99 year lease would be offered.
• Possibility of requiring additional money in the S106 to improve the cycle route into the city to assist less confident cyclists. Officers confirmed that the highway works already proposed were considered sufficient and proportionate to the development.
• In relation to the environmental agenda it was felt that this development should be an exemplar from the sustainability point of view. Questioned why a community heating system had not been progressed for the site. Confirmed that this was more a concern for the landowners rather than the developers.
• Questioned why the authority were not insisting on more than 10% of the expected energy demand being provided for through on-site renewables as 10% was only the minimum requirement.
• With the removal of the rear alleyways from the Design Code questioned waste/recycling and collection issues.
• Proposed Traffic Regulation Order contribution towards waiting restrictions. Confirmation that this contribution at the reserved matters stage would also ensure a low speed environment on the site.
• Flexibility was required with the proposed 40/60 housing split.
• Minimum road widths required to ensure emergency/refuse vehicle access. Confirmation that road widths could be specified at the detailed design stage.
• In answer to a question regarding traffic issues in the area confirmation that there were no proposals to provide a link road through the site between Haxby Road and Wigginton Road.
• Queuing traffic in the vicinity of Crichton Avenue Bridge and York Hospital and the possible provision of a slip road. Officers confirmation that a number of alternative options had been examined however the only feasible access had been that included in the application.
• Concerns that the on site open space provision should provide useable space for all ages.
• Future management of open spaces.
• Service charge concerns. The applicants detailed the various service charge options.
• Maintenance of northern and southern buffer zones.
• Confirmation that site fencing was proposed between the site and stray land as requested by the Police Architectural Liaison Officer.
• Need to ensure appropriate funding for provision of community facility. Officers confirmed that this was not part of the planning brief and that the outline application would only provide indicative land uses.

 

The Council’s legal representative confirmed that it would be inappropriate to seek to renegotiate Section 106 agreement contributions at the meeting. She stated that the contributions to be included within the agreement had only been negotiated by officers on an arms length basis following detailed negotiations between officers and the applicants.

 

Following further lengthy discussion it was moved by Councillor Merrett and seconded by Councillor D’Agorne that further consideration of the application be deferred for one month to allow Officers to discuss the inclusion of the  under mentioned issues in the Section 106 agreement:

• Contribution for the provision of a community facility subject to a local study showing this was necessary.
• Prior to commencement of the development an independent study shall be carried out to assess the viability of utilising the existing heat and power system which operates within the Nestle factory site or a stand alone heating plant.
• In order to prevent displacement parking the developers be required to finance residents parking schemes, if needs demand as a result of the development in the next 5/10 year period.
• To overcome safety issues Officers be requested to examine the Wigginton Road highway arrangements and bus shelter locations.

 

On being put to the vote this motion was lost. Following further discussion it was

 

RESOLVED:             That the application be approved subject to the conditions set out in the report and the following amended and additional conditions and a Section 106 agreement:

 

Amended Condition 2: Prior to the commencement of building works, reserved matters applications with fully detailed drawings illustrating all of the following details shall be submitted to and approved in writing by the Local Planning Authority:

a) appearance

b) landscaping;

c) layout; and

d) scale

 

Such reserved matters applications shall comply with the general design principles set out in the following documents:

- Revised Design Code received by CYC 18/01/11

- Revised Parameters Plan 5541 AL(OP)200 A received by CYC 31/12/10

- Revised Illustrative Landscape Layout 930/08 Rev L received by CYC 24/12/10

- Revised Illustrative Sections for Buffer Planting Along Northern Boundary 0930-14 received by CYC 24/12/10

- Revised Illustrative Landscape Central Boulevard received by CYC 24/12/10

-         Revised Site Sections B,B - 5541 AL(OP)202 D, Sections C, D - AL(OP)203 D, Sections E, F - AL(OP)204 D, and G, H - AL(OP)205 C all received by CYC 07/12/10

 

The development shall be carried out in accordance with the approved details.

 

Amended Condition 11: The internal noise level within all residential accommodation (including student accommodation and assisted living units) shall not exceed 30 dB LAeq (8 hour) and 45dB LAmax inside bedrooms at night (23:00 - 07:00 hrs ) and 35 dB LAeq (16 hour) in all other habitable rooms during the day (07:00 - 23:00 hrs).  Should any works be required to achieve the required maximum noise levels, details of the attenuation works shall be submitted to and approved in writing by the Local Planning Authority.  These noise levels stated shall be observed with all windows shut and any means of artificial ventilation in operation.  No residential accommodation shall be occupied until the approved attenuation works, if required, have been installed in complete accordance with the approved details.

 

Amended Condition 37: The operation and management of the car parking on each phase of the development shall be undertaken in accordance with a car park management scheme for that phase, which shall be submitted to and approved in writing by the LPA prior to that phase of the development being brought into use. The car park management plan shall include, where appropriate, the following details:

- how many spaces are allocated to the use

- how car parking spaces within that use would be allocated

- where the car parking spaces are located

- how the car parking would be managed and enforced

- the procedures to be put in place as students move in and out of the premises 

The approved scheme shall be implemented in complete accordance with the approved details and thereafter retained unless otherwise agreed in writing by the Local Planning Authority.

 

Removal of Condition 39: Access to the Sustrans cycle path had already been covered within the Draft S106 Agreement.

Additional Condition: Washing and changing facilities shall be provided within all B1 Office Accommodation, these facilities shall be accessible by all persons employed within the premises. Details shall be submitted to and approved in writing by the Local Planning Authority and the facilities shall be provided in accordance with the approved details prior to first use of the office accommodation and thereafter retained.

 

Additional Condition: The development hereby permitted shall not come into use until the pedestrian refuge on Haxby Road has been carried out in accordance with drawing EU00431_SK12 rev E.

 

List of items for inclusion within the Section 106 Agreement:

i)             Affordable Housing at 25% to be linked to the Council's viability assessment.

ii)         A contribution towards education provision, sum to be calculated prior to occupation of the first residential unit.

iii)        A Community Use Agreement and lease for the sports pitches to the north of the factory site along both sides of Haxby Road and a one off £50,000 sum towards off-site sports pitch/facilities upgrading, with a 99 year lease.

iv)        An agreement to connect the site to the Sustrans path to the south, to thin out existing overgrown landscaping and to plant new low maintenance landscaping where appropriate, to illuminate the new access route, and to provide seating adjacent to the Sustrans track which would match the seating provided within the Nestle South site (as detailed below)

 -    To create a pedestrian and cycle friendly link between the south of the site and the Sustrans path.  Location and details to be agreed with the Local Planning Authority.

-         The submission of a landscaping plan to be agreed with the Local Planning Authority.  The plan shall include details of the thinning out of some areas of green landscaping to the south of Nestle South in order to create a more open and light environment for users and to facilitate a greater level of natural surveillance of the path.  Low maintenance additional planting would be provided where appropriate in order to improve the appearance and quality of the path thus encouraging its use.

-         To install a bench on/next to the Sustrans path which shall be the same specification as those used within the Nestle South site in order to ‘tie’ the areas together. 

-         To agree a lighting scheme so that the access point from the Sustrans path to the Nestle South site is sufficiently illuminated to encourage use.

v)         A commuted sum of £80,000 towards Public Art

vi)             Recording and analysis of Air Quality

vii)       Open Space and Woodland Construction Management and Maintenance Plan

viii)             Assisted Living management plan

ix)        A marketing plan to promote the site to knowledge based industries

x)             Sustainable transport contributions including:

a)           The choice of either a free cycle or 6-month bus pass to first occupiers of the residential units.

b)           Contribution towards the provision of a car club on the site, including drive time and membership for residents

c)           Contribution towards the provision of CCTV in the vicinity of the site access junctions on Haxby Road and Wiggington Road

d)           Contribution towards the provision and/or improvement of bus stops on Haxby Rd/Wiggington Rd and within the site. The stops are to include kassel kerbs, shelters and real time (BLISS) displays

e)           Contribution towards the provision of an intelligent bollard within the site to restrict traffic travelling through the site

f)             Funding to pump prime the provision of a bus route through the development

g)           A Travel Plan.

 

xi) Traffic Regulation Orders such as a contribution towards the promotion/amendment of waiting restrictions in the vicinity of the site, the creation of a residents parking scheme on the site, and further restrictions to ensure that surrounding residential areas and highways are not disadvantaged by on-street parking

 

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed, would not cause undue harm to interests of acknowledged importance, with particular reference to:-

 

- Principle of Development

- Transport and Parking

- Design and Visual Amenity

- Sustainability

- Flood Risk and Drainage

- Open Space

- Crime Prevention

- Ecology

- Residential Amenity

- Land Contamination

- Environmental Issues

 

 As such the proposal complies with relevant policies contained within the Council's Development Control Local Plan (2005), the Nestle South Development Brief, and national guidance contained within PPS and PPG's.