Agenda item

Demolition of existing dairy distribution facility and development of student accommodation comprising 123 unit clusters (329 bed spaces) in 5 no. blocks plus ancillary office and warden studio with associated access and parking [Fishergate Ward].

Members considered a major outline application, submitted by Uniliving Ltd, for the demolition of an existing dairy distribution facility and the development of student accommodation comprising of 123 unit clusters (329 bed spaces) in 5 no. blocks plus ancillary office and warden studio with associated access and parking.

Officers circulated updates at the meeting which detailed the following (the full updates are attached to the agenda for this meeting):

• Recommend an additional condition to secure the implementation of the submitted travel plan.
• Inclusion of an additional informative to cover the issue of an affordable housing contribution.
• Amendment of recommendation to state ‘that in the event of a satisfactory unilateral undertaking not being forthcoming that officers in consultation with the Chair and Vice Chair being delegated authority to refuse the application as not making provision for a financial contribution towards offsite open space’.
• Concern had been raised in respect of the level of cycle parking provision on the site. The applicant had confirmed that the same ratio of 1:2 would be provided as adopted at the recent development of the University campus at Heslington East.

Representations were received on behalf of Osbaldwick Parish Council and Meadlands Area Residents’ Association in objection to the proposed scheme. Reference was made to earlier applications for the site and to refusal of a scheme for 332 bed spaces on the grounds of overdevelopment which was felt still applied to this application. It was pointed out that Policy ED10 of the Council’s Local Plan stated that any extra demand for student numbers would be accommodated within the Heslington East campus which it was pointed out did not appear to be the case.

Representations in support of the application were received from the applicant’s agent who confirmed that, following receipt of outline approval for the site, further discussions had been undertaken with officers. A more contemporary design approach had now been undertaken with this scheme which made better use of the internal space available providing a better quality development. He confirmed that the scheme used an identical footprint, with no change to the height, scale and massing, enhanced sustainability and the use of high quality materials with a variety of finishes.

Members questioned a number of aspects of the proposals the main ones being:

• Concerns at the level of cycle provision and cycle access to the site.
• Although the new design was an improvement on the earlier scheme concern at the blank brick wall which would be visible to drivers entering the city. The applicant confirmed that he would be happy to re examine this issue with officers.
• Site density confirmed at 212 properties per hectare.
• Use of off site Section 106 open space contribution. Officers confirmation that this contribution could be used at any or all the following venues, Melrosegate Playing Fields, the Outgang, Heslington, Hull Road Park and the Sustrans cycle route.
• Possible adjacent parking issues. Confirmation from the applicant that this would be covered by the parking management plan, the tenancy agreement and travel plan together with an on site warden and resident bike offer.
• Confirmation that the principle of the bin store had not changed from the earlier application.
• Need to ensure that Condition 18 referred to conference accommodation being ancillary to the prime purpose of the scheme.

Following further discussion it was

RESOLVED:   i) That the application be approved subject to the conditions listed in the report, the under mentioned amended and additional conditions and to the submission of an acceptable Unilateral Undertaking under Section 106 of the 1990 Town and Country Planning Act on behalf of the applicant covering the payment of a commuted sum in respect of off-site open space provision on or before 11 April 2011. In the event of a satisfactory unilateral undertaking not being forthcoming that officers in consultation with the Chair and Vice Chair of this Committee be delegated authority to refuse the application as not making provision for a financial contribution towards offsite open space in line with York Development Control Local Plan Policy L1c. 

Amended Condition 18: The development hereby approved shall be let to or hired by and occupied by either students engaged in full time further or higher education within the City of York administrative boundary or as an ancillary use, who are delegates attending part time courses or conferences within the City, the details of which shall be included within an occupancy management plan to be submitted to and agreed in writing by the Local Planning Authority prior to the occupation of any part of the development.

Amended Condition 20: The development hereby approved shall be constructed to a BREEAM standard of "excellent". A Post Construction assessment by a licensed BREEAM assessor shall be carried out and a copy of the certificate shall be submitted to the Local Planning Authority prior to occupation of the building. Should the development fail to achieve a "excellent" BREEAM rating a report shall be submitted for the written approval of the Local Planning Authority demonstrating what remedial measures shall be undertaken to achieve a "excellent" rating. The remedial measures shall then be undertaken within a timescale to be approved in writing by the Local Planning Authority.

Amended Condition 25: The development hereby authorised shall be undertaken and operated in strict accordance with the submitted Operational Management Statement Vs 2, specifically in relation to car and cycle parking arrangements unless otherwise agreed in writing by the Local Planning Authority.

Additional Condition: The site shall not be occupied until a travel plan, developed and implemented in line with local and national guidance has been submitted to and approved in writing by the Local Planning Authority. The site shall thereafter be occupied in accordance with the aims measures and outcomes of the Travel Plan.

Within 12 months of occupation of the site a first year travel survey shall have been submitted to and approved in writing by the Local Planning Authority. Results of yearly travel surveys shall thenceforth be submitted annually to the Local Planning Authority for approval.

Additional Informative: In the event that the premises hereby authorised should at any time cease to be used for student accommodation the applicant’s attention is drawn to the need for a formal grant of planning permission for change of use to open market housing at which point the need for a commuted sum financial contribution in respect of affordable housing will be considered.

ii)         That the Assistant Director Planning and Sustainable Development in consultation with the Chair and Vice Chair be delegated authority to hold further discussions with the applicant in relation to details of the elevational treatment of the gable facing the junction of Greendykes Lane and Hull Road.

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 development, affordable housing/occupancy, impact upon the character and appearance of the area, impact upon the living conditions of future occupants, parking and highway issues, open space issues, archaeological significance of the site and sustainability.  As such the proposal complies with Policies ED10, GP1, GP4a) GP6, H10, L1c) and T4 of the City of York Development Control Local Plan.