Agenda item

Members considered a full application from Mrs Maria Farrugia for the temporary siting for five years, of a public ice rink on a coach park adjacent to the York Designer Outlet.

Various documents were circulated to Members, including photographs of examples of indiscriminate parking taken by the Parish Council and a memorandum from a Highways Officer in relation to the application. These documents were subsequently attached to the agenda, which was then republished online.

In their update to Members, Officers highlighted an error in page 42 of the report at paragraph 4.5. The reference to 2 Naburn Lane should be replaced with 32 Naburn Lane. They also suggested that if approved, condition 12, relating to times of  operation of the ice resurfacer be changed from 09:00 to 22:00 to 08:00 to 22:00.

Discussion between Members and Officers took place relating to highways issues, specifically indiscriminate parking on the site and in Naburn Lane. Some Members suggested that if approved, a condition be added to planning permission relating to the management of the coach park. Other Members questioned whether such a condition could be enforced,  and whether it would prevent unauthorised parking on other parts of the site.

Representations in support were received from the applicant. She outlined the hours of operation of the ice rink, stated that the event would use mains electricity and that parking for the rink would be managed by staff from the Designer Outlet. In response to concerns about traffic, she added that the majority of visitors that used the ice rink had also travelled to shop at the Designer Outlet, and that overall there did not seem to be a significant increase in traffic numbers.

Representations were received from a local resident. He expressed concerns about control of noise from the site and traffic management, specifically parking. He felt that even though there had been previous noise problems with the electrical generator, the use of mains electricity would still not mask the noise of music on the site. He suggested that if Members were minded to approve the application, that generators should only be used in an emergency situation. The resident suggested that if the application was approved parking on the verges of Naburn Lane should be monitored closely to reduce possible danger to highway users.

Representations in objection were received from another local resident. He expressed his concerns about light and noise disturbance, and the affect that this had on his right to privacy, due to the proximity of the site to his property.

Representations were received on behalf of Fulford Parish Council. They referred to the location of the site in the Green Belt and questioned whether the facilities associated with the ice rink were desirable rather than essential. She also considered that the additional structures amounted to operational development, and that as such,  a Design and Access statement should have been  submitted with the application. Additionally, the loss of the coach park would add to parking problems for local residents.

Members asked Officers about whether they had received complaints about lighting during the operation of the ice rink. They responded that there had been some complaints, but it was not deemed to be sufficient to constitute a statutory nuisance. In response to concerns about noise, Officers responded that after initial complaints, a super silent generator had been used  which had addressed the problem.

In relation to parking on verges on Naburn Lane, Officers informed Members that the Police could take action if vehicles were causing an obstruction or a danger to others. Parking could be restricted by means of a Traffic Regulation Order, although this was a separate (highway) matter and could not be achieved through planning conditions.

Members queried the timing of the operation of the lights and audio system on the site. The applicant informed Members that the lighting was switched off at 10pm to allow time for cleaning to take place. It was also stated that recorded music would be switched off at 9.15 pm and that live music would only be played between 12-6pm.

Some Members suggested that back up generators should only be used in an emergency situation, such as evacuating the entire site. In relation to concerns raised by local residents about traffic and parking problems, Members requested that if the application was approved, Officers should approach the Highways Department  with a view to a Traffic Regulation Order being made in Naburn Lane.

RESOLVED:       That the application be approved with the following amended condition;

13.    The ice resurfacer shall only be operated during the hours of 08:00 to 22:00, unless required for emergency purposes.

Reason:              To safeguard the amenity of local residents

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed 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 openness of the Green Belt, and impact on the local highway network and car parking.  As such the proposal complies with Policies GB1, GB13, GP1 and GP23 of the City of York Development Control Local Plan and Government policy contained within Planning Policy Guidance Note 2 'Green Belts'.