Agenda item

Redevelopment including 240 apartments, hotel, and alterations to the Barbican Centre and the existing multi-storey car park.

Members considered a General Regulations application submitted by City of York Council and Barbican Venture (York) Ltd. for redevelopment including 240 apartments, a hotel, alterations to the Barbican Centre and alterations to the existing multi-storey car park (Ref: 03/04075/GRG4).

The case officer circulated an update at the meeting which set out additional comments received since the publication of the report and the removal of Section 106 obligations following the imposition of conditions relating to energy efficiency measures and a green travel plan for the hotel complex and refurbished Barbican Centre.

Representations were received in objection to the application, from local residents and Fishergate Planning Panel, and in support of the application, from the applicant.  Councillor Simpson-Laing also spoke in objection to the application and presented a petition supporting the retention of a pool on the Barbican site.  Written representations from Councillor Merrett, in objection to the application, were circulated to the meeting.

It was reported by officers that the proposed Section 106 Agreement now applied to all land excluding the existing auditorium site.  The contributions identified in Annex 3 to the report (page 78 of the agenda papers) would still apply with the exception of (j) and (k) which were instead covered by conditions on the related application under minute 21(a) above. 

Members were asked to further note that the capital sum referred to in the recommendations in the report amounting to £6,385,000 arose from the sale of land covered.

A full debate followed, during which the recommendations contained in the report were moved and seconded, subject to the insertion of the word ‘minimum’ after ‘towards the construction of a ….’,.Further to that proposal, Councillor Wilde then moved and Councillor Smallwood seconded the following amendment, which, on subsequently being put to the vote, was declared lost:

“That the wording of the Section 106 obligation relating to the reprovision of a swimming pool at Kent Street be amended to read:-

Upon signing of the revised agreement, the developers shall provide the City of York Council a capital sum of £6,385,000 to be used by the Council to provide a county standard pool at the Barbican site.’

During a full and participative debate, the Chair expressed concern that inappropriate comments had been made about a Council Officer and he wished that concern to be formally recorded.

RESOLVED:          That  the wording of the Section 106 obligation relating to the reprovision of a swimming pool at Kent Street be amended to read as follows and the obligation, as amended, be then referred to Government Office prior to completion of the Agreement:

‘Upon signing of the revised agreement, the developers shall provide the City of York Council a capital sum of £6,385,000 who then undertake to use this to deliver new and improved sport facilities within 4 years of receipt of that money.  The facilities to be provided shall accord with the City’s Sport & Investment Plan (February 2006) in substitution for the re-provision of a pool at Kent Street.  Improved sport facilities shall include a contribution towards the construction of a minimum 25m 8-lane community swimming pool, built to competition standards.’

REASON:                  To enable any variation to the Section 106 obligation to be referred to Government Office prior to completion of the actual Agreement.

[Note:  Councillors Blanchard, Hill, Smallwood, B Watson and Wilde wished it to be recorded that they had voted in favour of the amendment in the name of Councillor Wilde and against the agreed resolution]

[Councillor Simpson-Laing had stepped down from debate and voting on this item under the provisions of paragraph 7.4 of the Planning Code of Good Practice, as she had participated in the call-in process on the Leisure Facilities Strategy]