Agenda item

Development of a new abattoir and food production facility with associated landscaping and access following demolition of existing abattoir [Osbaldwick Ward] [Site Visit]

 

The Committee considered a full application submitted by Mr Tom Kirwan for the development of a new abattoir and food production facility with associated landscaping and access following the demolition of the existing abbatoir.

 

Officers provided the Committee with an update on the following issues

 

·        Highways Issues - Officers advised the Committee that comments had now been received from the council’s highways officers who have no objection to the proposals subject to some additional conditions being attached and in particular, submission of a method of works statement and details of visibility splays, both of which have been agreed by the applicant. The Cabinet Member had asked that the number of cycle parking spaces be increased to match the current usage (30% of staff currently cycle to work) which would require 57 spaces. Highways officers have advised that to take into account shift working, 40 spaces should be provided initially (increased from 25 proposed) which has been agreed by the applicant.

 

·        Habitat Mitigation - Officers advised that, with regard to theapplicant’s proposals for mitigating the loss of trees, hedges and other habitats, the Cabinet Member has asked that further mitigation be provided.  Officers have extensively investigated the possibilities for providing additional mitigation on site, immediately adjacent to the site or elsewhere but there is no opportunity for this within the site.

 

·        Landscaping - With regard to landscaping details, which are required as a condition of approval, officers advised that for the avoidance of doubt an informative should be added to Condition 8 (Landscaping) making clear that the council expects the landscaping scheme to include large-species, semi-mature trees and wildflowers. Officers advised that the Cabinet Members had also asked that Condition 8 be strengthened to require the proposed screening along the south-west boundary to be provided permanently. The condition as drafted implies that the agreed landscaping scheme would be retained permanently and requires that any trees that die or are removed during the first five years following completion are replaced, but that requiring the landscaping scheme to be retained in perpetuity is likely to be an unreasonable requirement. 

 

·        Operating Hours - Officers have agreed with the applicant the operating hours of the new plant (the hours of the existing plant are uncontrolled) and the agreed hours will be made a new condition of approval.

 

·        Sustainability - The applicant has accepted the council’s suggested condition that 10% of energy should be produced on site from renewable sources. 

 

 [A full copy of the officers’ update has been published online with the agenda on the Council’s website.]

Therefore officers confirmed the following additional conditions would be required.

 

·        HWAY 10    Details of vehicular areas to be approved

·        HWAY 14    Access details to be approved

·        HWAY 31    No mud on highway during construction

·        HWAY 40    Dilapidation survey to be carried out.

·        Details of proposed visibility splays to be submitted and agreed

·        Method of Works statement to be submitted and agreed

·         Operating Hours to be specified as 0600-2400 Mon to Fri and 0600-1700 Sat.

 

They advised that the following conditions be revised

 

·        Add informative to Condition 4 (Landscaping)

·        Condition 6 (Car and Cycle parking) – specify min. 40 cycle spaces.

·        Condition 7 (Travel Plan) 

·        Condition 8 (Sustainability)

 

They also advised that the plan was incorrect in the agenda papers.

 

Representations were heard from Councillor Warters, Ward Member for Osbaldwick, on behalf of Murton Parish Council. He raised concerns regarding intrusion into the greenbelt and loss of mature trees on the site. However he commended the approach taken by ABP during the application process stating they had met with Murton Parish Council and alleviated many concerns raised by the local community and acknowledged that the expansion was likely to benefit both the livestock centre and local community. He stressed that the 10% renewable energy figure should be considered an absolute minimum. He asked that appropriate levels of restrained signage is used at the entrance to the site and that reactive lighting is considered. He requested that both Murton Parish Council and he are consulted with regard to lighting schemes (condition 16), the travel plan (condition 7) .and financial support in respect of mitigation for loss of habitat (condition 9).

 

Members discussed the following issues:

 

Loss of Trees - Members requested that the applicant liaised further with the adjacent land owner with regard to providing off site mitigation in respect of the loss of trees, hedges and other habitats. They also suggested that if the parking was rearranged slightly with a loss of only 8-9 spaces, this could save three of the Willow trees along the southern boundary of the site.

 

The applicants advised Members that they had investigated options for retaining more of the trees on the site and the proposal in front of Members was the outcome of this. In terms of mitigation, they stated that for each tree removed, three new trees would be planted on the site. They advised that if the Willow trees in question were to be retained it would mean the loss of more than 8-9 car parking spaces as it was important to consider not just the area of the base of the tree but also how far the roots and crown of trees extend into the circulation areas. Officers disagreed that more spaces would have to be lost.  The applicants agreed to amend the parking layout to protect the three specified Willows along the southern boundary.

 

10% Renewable Energy Target – The applicants explained how they aimed to operate well above the required 10% target.  Members suggested that other sustainable features such as solar panel and rainwater collection could be considered.

 

Operating hours - The applicants confirmed that at present no specific operating hours were set for the plant which was demand driven. They advised that the abattoir can start very early and may be finished by lunchtime or may operate into early evening and that livestock deliveries were currently late at night and early morning. Members acknowledged that the proposed conditions would ensure that deliveries and operating hours were more restricted than at present.

 

Members agreed that this was an important investment for the city and expressed their support for the application. However they stressed the need to ensure that effective screening around the SW of the site to minimise views from the A64 and asked for tighter controls requiring the maintenance of tree belts. Officers agreed that condition 4 could be strengthened so it refers to retaining the landscape belt into the future.

 

At the request of Councillor Williams, and in view of his declaration of interest as an employee of Yorkshire Water, the Committee took a separate vote on  condition 5 (surface water drainage) and Councillor Williams abstained from the vote. He participated in the vote for the overall application.

 

RESOLVED:             That the application be approved subject to the conditions listed in the report and the amended and additional conditions below:

 

New Condition          

HWAY 10    Details of vehicular areas to be approved

 

New Condition

HWAY 14    Access details to be approved

 

New Condition

HWAY 31    No mud on highway during construction

 

New Condition

HWAY 40    Dilapidation survey to be carried out.

 

New Condition (Visibility Splays)

Prior to the commencement of any works details of proposed visibility splays shall be submitted to and agreed in writing by the local planning authority.  The approved works shall be implemented prior to operation of the development.

Reason: In the interests of highway safety.

 

New Condition (Method of Works)

Prior to the commencement of any works, a detailed method of works statement shall be submitted to and agreed in writing by the Local Planning Authority. This statement shall include the precautions to be taken to ensure the safety of the general public, the method of securing the site, access to the site and the route to be taken by vehicles transporting the demolition and construction material, and the hours during which this will be permitted.

Reason: to ensure that the works are carried out in a safe manner and with minimum disruption to users of the adjacent public highway.

 

New Condition (Operating Hours)

No machinery shall be operated, no process shall be carried out and no deliveries taken or despatched from the site outside the following times: 0600-2400 hours Mondays to Fridays and 0600-2400 hours on Saturdays.  Nor at any time on Sundays, Bank or Public Holidays.

Reason: To protect the amenity of local residents and businesses

 

Amended Condition 4

No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscape scheme which shall include the species, stock size, planting details and position of trees, shrubs and other plants as compensatory planting for the loss of trees. This scheme shall be implemented within a period of six months of the completion of the development.  Any trees or plants which 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 the Local Planning Authority agrees alternatives in writing. This also applies to any existing trees that are shown to be retained within the approved landscape scheme.

Reason:  So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species as compensation for loss of trees.

 

Add Informative to Condition 4 (Landscaping)

The submitted landscape scheme should include, as mitigation, a high percentage of large-species trees and advanced nursery stock, including semi-mature trees. Similarly the scheme should show how the proposed hedgerow would be supplemented by a suitable wildflower mix in order to provide some mitigation for the loss of floral interest along the existing ditch along the south-west side of the site.

 

Amended condition 6 (car and cycle parking)

Prior to the development commencing full details of car parking, delivery/service vehicle parking, cycle storage for at least 40 cycles (including means of enclosure), vehicle turning areas and the means of access into the site shall be submitted to and approved in writing by the local planning authority and thereafter such areas shall be retained solely for their intended purpose. 

Reason:  In the interests of highway safety and to promote the use of cycles.

 

Amended condition 7 (Travel Plan)

Within six months of occupation of the site, the applicant shall submit and agree in writing with the LPA an updated Green Travel Plan for employees and visitors, setting out measures to promote sustainable travel and reduce dependency on the private car, in accordance with the current advice issued by the Department of Transport.

Reason:  to promote sustainable modes of transport and reduce car travel, in accordance with the Authority’s transport policies.

 

Amended  Condition 8 (Sustainability)

In accordance with the Council’s Interim Planning Statement on Sustainable Design and Construction, the applicant will incorporate on-site renewable energy/low carbon energy generation equipment to provide at least 10 per cent of the development’s regulated energy demand. In addition, the applicant will achieve a sustainability measurement standard comparable to at least BREEAM standard ‘very good’.  Details will be submitted to the council and approved in writing prior to the commencement of development.

Reason:  To ensure that the proposal complies with the principles of sustainable development and the Council's adopted Interim Planning Statement on Sustainable Design and Construction.

 

REASON FOR APPROVAL:         

The proposal, subject to the conditions listed in the report and the amended and additional conditions above, would not cause undue harm to interests of acknowledged importance, with particular reference to the Economic Impact, impact on the Green Belt, design and appearance, neighbour amenity, landscape, bio-diversity, drainage, environmental protection, highway matters and sustainability. As such the proposal complies with policies E4, GP1, GP4a, GP6, GP9, GP15a, GB1, GB11, T4, NE1, NE2, NE6 and NE7 of the City of York Local Plan Deposit Draft.