Agenda item

Erection of a 5 storey building comprising hotel with ground floor pub/restaurant, retail and drive-through restaurant uses with associated parking, landscaping and extension to James Street/Heworth Green Link Road. [Heworth Ward] [Site Visit]

The Committee considered a major full application, submitted by Tiger Developments, for the erection of a 5 storey building comprising hotel with ground floor pub/restaurant, retail and drive-through restaurant uses with associated parking, landscaping and extension to James Street/Heworth Green Link Road.

Officers updated on a number of amendments and additions to the report including (full details of which are attached as an annex to the agenda for the meeting):

·         Paragraphs 3.3 and 4.21- amended distances.

·         Paragraph 3.8 – Plant equipment should be below rather than above background noise levels. Scheme required as a condition of approval.

·         Paragraph 3.17 – noted that the walkway would be enclosed at each end and that the existing boundary treatments would remain.

·         The council would contribute £290k towards delivery of the James Street link road.

·         Amendments to Conditions 1, 8, 9, 10, 22, 23, 25 and 27 of the report.

Representations were then received from the applicant’s agent who confirmed that this was an important development which would rejuvenate a dilapidated site. Development would involve removal of the contaminants from the former gas works and enable the construction of the final phase of the James Street Link Road.

A representative of BJH Consultants spoke in relation to flooding and drainage issues on site. He confirmed his involvement with the site since 2003 when the flood risk assessment had been prepared and to extensive consultations undertaken with the Environment Agency and CYC Engineers. He explained in detail the remediation works to be undertaken prior to construction and works to ensure that the development would be safe from flooding.

Members questioned a number of aspects of the development, including:

·         Clarification regarding the 1.8m high fencing recommended by the Police Architectural Liaison Officer.

·         Traffic flow issues in drive through area.

·         Need for inclusion of additional height condition HT1 relating to the height of the approved development.

·         Increase in development start date in Condition 1 to five rather than three years.

·         Decommissioning of the gasholder.

·         Implications of change in land allocation of the site.

·         Need for bins and litter collection in connection with proposed take away.

·         Need to tie in existing and proposed footpaths.

·         Landscape maintenance.

In answer to members questions the applicant’s representative from MWH Global explained the work required to remove the contaminants on site.

Officers also confirmed that landscape maintenance and provision of litter bins and  litter collection would be included in the Section 106 Agreement.

Following further discussion it was

RESOLVED:             That the application be approved subject to a Section 106 Agreement, the conditions listed in the report and the imposition of the following amended and additional conditions:

Amended Condition 1: The development shall be begun not later than the expiration of five years from the date of this permission.

Amended Condition 8: There shall be no more than 713 square metres of floorspace within the development hereby approved used as either A1, A3, A4 or A5 uses.  Any A1 use shall be for the sales of convenience goods only (as defined in PPS4).

Amended Condition 9: Any A3 (restaurant/cafe), A4 (drinking establishment) or A5 (hot food takeaway) uses on the site (independent from the hotel hereby approved) shall only operate within the hours of 08:00 and 24:00 each day of the week.

Amended Condition 10: The development shall be constructed to a BRE Environmental Assessment Method (BREEAM) standard of ‘very good’. 

A BREEAM Design Stage assessment shall be carried out and a BREEAM Design Stage Certificate shall be submitted to the Local Planning Authority within 6 months of commencement of the development.  Within 3 months after first occupation of the building a Post Construction stage assessment shall be carried out and a Post Construction stage certificate shall be submitted to the Local Planning Authority. 

Should the development fail to achieve a BREEAM standard of ‘very good’ a report shall be submitted for the written approval of the Local Planning Authority demonstrating what remedial measures should be undertaken to achieve a standard of ‘very good’.  The approved remedial measures shall then be undertaken within a timescale to be approved in writing by the Local Planning Authority.

Condition 22 being split into two separate conditions:

Condition 22: A verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be approved, in writing, by the local planning authority prior to commencement of the development.

The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include a "long-term monitoring and maintenance plan" for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority.

INFOMATIVE: The monitoring programme may continue during and following development provided these are not below building footprints.

Condition 23: The long-term monitoring and maintenance plan shall be implemented as approved.  Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan, this shall include a plan for the protection and where necessary reinstatement of monitoring points during and on completion of the construction phase. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority.

Amended Condition 25: The following details of foul and surface water drainage works shall be approved in writing by the Local Planning Authority prior to development commencing and the development shall be carried out in accordance with the approved details;

a)  Details that demonstrate surface water run-off from the application site will not have an adverse affect on adjacent land.  To include a topographical survey showing existing and proposed ground and finished floor levels to Ordnance Datum. 

b)  Details of the future maintenance/management of the proposed drainage systems.

Amended Condition 27: The development shall be carried out in incorporating the following flood risk mitigation measures:

a.  Surface water run off shall be restricted to 2.0l/sec/ha.  There shall be sufficient storage to accommodate at least a 1 in 30 year storm.  The design shall ensure that storm water resulting from a 1 in 100 year event and surcharging the drainage system can be stored on the site without risk to people or property and without overflowing into the watercourse.

b.  The provision of a 3m easement from the top of the bank of the River Foss (as per the Bailey Johnson Hayes Flood Risk Assessment June 2011 rev A).

c.  Finished floor levels shall be set no lower than 11.150m above Ordnance Datum (AOD).  An access and ingress route from the building shall be provided which is set no lower than 10.98AOD.

d.  There shall be no raising of ground levels that are currently below 10.04m AOD.

e.  Site operators shall sign up to the Environment Agency Flood warning service.

Additional Condition: The height of the approved development shall not exceed 17 metres, as measured from 11.15AOD.

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 vitality and viability of the city centre, visual impact, amenity, highway network management, flood risk, the provision of a Foss walkway, and sustainable design and construction requirements.  As such the proposal complies with Policies GP1, GP4, GP6, GP15, NE7, NE8, T2, T4, E1A, and V4 of the City of York Development Control Local Plan.