Agenda item

Construction of a swimming pool building with health and fitness facilities plus outdoor sports pitches and car park with associated lighting and fencing [Heslington Ward] [Site Visit]

Members considered a major full planning application, submitted by the University of York, for the construction of a swimming pool building with health and fitness facilities plus outdoor sports pitches and car park with associated lighting and fencing.

Officers updated members in relation to the following issues and plans of the Heslington East Masterplan for the Sports Cluster detailing the ‘Landscaped Rooms’, swimming pool site plan and photomontages were circulated:

• One of the circulated plans showed the draft masterplan of the campus and a draft layout for the sports village. The full size football pitch had been shown rotated 90° from that shown on the application drawings. It was confirmed that this ensured better screening along the eastern boundary, facing the A64, and provided a better setting for the right of way with the retention of the existing hedge. It was reported that the applicant had now agreed to the reorientation of the football pitch and associated landscaping which would be made a condition of any approval.
• As part of the application for the northern service road (the next application to be considered at the meeting) a signal-controlled pedestrian/cycle route would be provided under s278, across Hull Road (Draft Condition 3). However, the link was required to serve the sports village and Officers felt that the condition should more appropriately be attached to the consent for the swimming pool.
• It was pointed out that some of the draft conditions required details to be submitted prior to commencement of development or within three months of the date of approval. The applicant had therefore asked that these time periods be generally extended due to the time lost in the tender and pre-construction stages. It was therefore recommended that the period for compliance be amended to within three months of commencement of development.
• Paragraph 4.26 of the report referred to the loss of an oak tree that officers wished to retain. The applicants had examined the trees possible retention but owing to the reprofiling of that part of the site to create the playing pitches this had not been possible. Officers therefore recommended the modification of draft Condition 9 to refer to tree screening and the inclusion of semi mature specimens, as appropriate.
• The outdoor pitches included flood lighting and in order to ensure that the level of lighting did not result in any loss of amenity it was recommended that details of maximum levels should be included with the revision of Condition 21 and an additional condition.
• It was pointed out that as the development was not pursuant to the outline consent for the campus that it was not bound by the travel plan. Officers therefore proposed an additional condition requiring the development to adhere to the terms of the agreed travel plan.

Officers also circulated a list of draft revised conditions, which covered the following points (a copy of the complete list, with changes highlighted in italics, has been attached as an annex to the online agenda):

• Updated plans list.
• Requirement for sample masonry panel.
• Approval and samples of all exterior materials required.
• Drainage details to be agreed.
• Details of measures to improve pedestrian movement required.
• Submission of pre-design and post construction BREEAM assessments.
• Submission of details to demonstrate how the applicant will provide from renewable sources 10% of the buildings total energy demand, on land within the control of the applicant.
• Landscaping and screening proposals.
• Details required of refuse/recycling facilities, external seating, feature graphics and entrance canopy.
• Details of car parking barriers, showers, changing facilities and lockers and any changes to the public right of way crossing the site.
• Details of proposed transport links to the sports village.
• Surfacing of vehicular areas.
• Layout of car and cycle parking.
• Condition to ensure no mud on the highway during construction.
• Adherence to the Construction Environmental Management Plan.
• Noise generation and monitoring to protect site occupants.
• Site contamination.
• Sound levels for plant and equipment on site.
• Times of use for the outdoor sports pitches
• Control of light emissions from floodlighting to the outdoor sports pitches.
• Amenity lighting details.
• Agreement of arrangements for public access to the swimming pool and other sports facilities.
• Adherence to the approved Travel Plan.
• Orientation of the full size sports pitches required.
• Transport links to be constructed and in operation prior to opening of the Sports Village.

Representations in support were received from the applicant’s agent who explained in more detail the proposals for the sports village and work undertaken to date. He pointed out that the swimming pool was a joint venture with 90% of the opening hours being set aside for public use. A draft agreement for use of the outdoor pitches had also been prepared with work commencing in May 2011. Confirmation was also given of the proposed orientation of the football pitch to allow for better landscaping of the site.

Members requested clarification and questioned a number of aspects of the development including:

• Covered cycle parking – confirmation that the details would include covered cycle parking.
• Lighting meeting IE regulations queried details in a semi rural location. Confirmation that IE guidance related to differing environments one of which covered a semi rural location.
• Site levels in respect of the reorientation of the football pitch.
• Number of disabled changing rooms/toilets and siting.
• Siting of disabled car parking spaces in relation to pool entrance.
• Wording of Condition 23 in respect of public access.
• Number and type of lockers.
• Seating numbers on poolside/spectator areas for swimming galas/competitions. Confirmed that numbers had been agreed through Sports England and the Pool Steering Group.

Following further lengthy discussion it was

RESOLVED:    That the application be approved subject to Officers undertaking further discussions with the applicants in relation to the relocation of the disabled parking and to the imposition of the conditions listed in the report and the following amended and additional conditions:

Amended Condition 1: The development hereby permitted shall be carried out only in accordance with the following plans: A(00)EXP001 rev 5, A(00)GAP100 rev 20, A(00)GAP009 rev 12, A(00)GAE001 rev 5, A(00)GAS004 rev 09, 0702-60-SKT-01 rev 1, L(00)GAP003 rev 07, L(00)GAP004 rev 7, L(00)GAP005 rev 6 and L(00)GAP006 rev 3.

Amended Condition 2: A sample panel of the masonry to be used on this building shall be erected on the site and shall illustrate the colour, texture, bonding and mortar treatment to be used, and shall be approved in writing by the Local Planning Authority within three months of commencement of development.  This panel shall be retained until a minimum of 2 square metres of wall of the approved development has been completed in accordance with the approved sample.

Amended Condition 5: Within three months of commencement of development details of measures to improve pedestrian movement between the public plaza shown on the approved plans and the land to the south/south-east of the application site shall be submitted to, and approved in writing by, the Local Planning Authority.  The development shall be carried out in accordance with the approved details.

Amended Condition 6: Unless otherwise agreed in writing with the Local Planning Authority, within three months of commencement of development the developer shall submit in writing and be approved by the local planning authority a formal pre-design BREEAM assessment for the design and procurement stages of the development.  The developer shall submit a further BREEAM assessment after construction, at a time to be agreed in writing by the Local Planning Authority.  The developer shall submit a completion assessment  when issued by the BRE.  All assessments shall confirm the minimum 'Very Good' rating anticipated in the preliminary BREEAM assessment submitted with the application

 Amended Condition 7: Within three months of commencement of development details shall be submitted to and approved in writing by the local planning authority, to demonstrate how the applicant will provide, from renewable sources, 10% of the building's total energy demand on land within the control of the applicant.  The development shall not be occupied until these works have been carried out in accordance with the submitted details unless otherwise agreed in writing by the Local Planning Authority (as part of an energy strategy for the Heslington East campus).  Not later than 12 months after the building has first been brought into use, the applicant shall submit an Energy Statement to the Local Planning Authority, which details the percentage of the buildings energy consumption that has been derived from renewable sources. Thereafter the Energy Statement shall be submitted on an annual basis unless otherwise agreed in writing with the Local Planning Authority.

      Additional Condition 9: Within three months of commencement of development detailed landscaping/screening proposals (which shall include 4 no. semi-mature oak trees) shall be submitted to the local planning authority and approved in writing.   The scheme, which shall show the number, species, height and position of trees and shrubs shall be implemented within a period of six months of the completion of the development.  Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority. 

Amended Condition 10: Within three months of commencement of development details of the following measures shall be submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out in accordance with the submitted details:

(1)      Refuse/recycling facilities including screening

(2)      External seating

(3)      Feature graphics

(4)      Entrance canopy

Amended Condition 11: Within three months of commencement of development details of the following measures shall be submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out in accordance with the submitted details:

(i)  measures to ensure the proper management of the approved car parking facilities including their barrier control mechanisms.

(ii)  showers, changing facilities and lockers for staff arriving to work by cycle.

(iii)  arrangements for securing and protecting cycles belonging to both staff and visitors.

(iv)    any changes to the public right of way crossing the site, including changes to its profile, construction and surfacing.

(v)      disabled parking.

Amended Condition 12: Prior to first opening of the sports village hereby approved, the following transport links shall be constructed and be in operation in accordance with the plans as approved by the Local Planning Authority:

(i)  Motor vehicle, pedestrian and cycle links to the current access road from Hull Road serving the Grimston Bar Park and Ride site.

(ii)  Pedestrian linkages to the transport interchange on the Heslington East Campus.

(iii)  New signal-controlled, pedestrian and cycle crossing facilities at the intersection of Hull Road and the Grimston Bar Park and Ride access road.

(iv)  Pedestrian and cycle linkages from the new signalled crossings on Hull Road to the existing facilities along Hull Road.

Amended Condition 20: The outdoor sports pitches shall not be open for use outside the hours of 08:00 to 22:00 on any day.

Additional Condition: Unless otherwise approved in writing by the local planning authority light emissions from the floodlighting to the outdoor sports pitches shall not: (1) Exceed the lux levels shown on approved drawing 0702-60-SKT-01/01 (b) have an upward light ratio exceeding 2.5% (c) be in operation outside the hours of 08:00 to 22:00 on any day.

Amended Condition 21: The amenity lighting for the external areas not comprising external sports pitches shall comply with the Lighting Strategy for Heslington East campus dated 9 January 2009 unless first agreed in writing with the Local Planning Authority. 

Additional Condition: The development hereby approved shall at all times adhere to the terms of the approved travel plan for the campus unless otherwise previously agreed in writing with the Local Planning Authority.

Additional Condition: Notwithstanding the approved plans, within three months of commencement of development details showing the orientation of the full-size sports pitch shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved plans unless otherwise agreed in writing by the Local Planning Authority.

Additional Condition: Prior to the opening of the sports village details of proposals for grass-seeding the area bounded by Langwith College, the northern service road and the alignment of the movement spine shall be submitted to and approved in writing by the Local Planning Authority and implemented in accordance with the submitted details unless otherwise agreed in writing by the Local Planning Authority.

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 the principle of the use, scale and appearance of the building, renewable energy, landscaping, neighbour amenity, transport, sustainability, drainage, bio-diversity and provision of leisure facilities.  As such the proposal complies with policies ED9, GP1, GP4a, GP5, GP9, GP15A, NE1, NE7 and L1a of the City of York Local Plan Deposit Draft.