Agenda item

Section 73 application for the variation of approval to application 03/04075/GRG4, subsequently amended by application 05/00882/GRG4, to enable the existing Barbican Centre to be refurbished (together with alterations and extensions) as a separate phase to the overall redevelopment.

Members considered a General Regulations application submitted by Absolute Leisure for the variation of approval to application 03/04075/GRG4, subsequently amended by application 05/00882/GRG4, to enable the existing Barbican Centre to be refurbished (together with alterations and extensions) as a separate phase to overall redevelopment (Ref: 06/00526/GRG4).

The case officer circulated an update at the meeting which set out conditions relating to energy efficiency measures and a green travel plan for the hotel complex and refurbished Barbican Centre, which were proposed in lieu of Section 106 obligations.

Representations were received in objection to the application, from local residents and Fishergate Planning Panel, and in support of the application, from the applicant.

It was requested that condition 39 be amended to require the provision of pedestrian crossing points on Kent Street and improvements to pedestrian crossings at Fishergate Bar before the first phase of the development came into operation.   It was also requested that conditions 29 and 33 be reworded to ensure they referred to the phasing of the development.

RESOLVED:             That the application be approved following the Secretary of State’s decision, subject to the conditions listed in the report, with the following amendments:

(i)       Condition 29 – “Details of the works and provision to facilitate disabled access and movement within each phase of  the site and to the buildings permitted shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented before the use is commenced or the building is occupied.

Reason:  To ensure adequate provision for access within  each phase of the development.”

(ii)     Condition 33 – “Prior to the commencement of  each phase of  the use   hereby approved, provision shall be made within the site for accommodation of delivery/service vehicles in accordance with the approved plans. Thereafter all such areas shall be retained free of all obstructions and used solely for the intended purpose.

Reason:  To ensure that delivery/service vehicles can be accommodated within each phase of the site and to maintain the free and safe passage of highway users.”

(iii)    Condition 39 – “Each phase of the development hereby permitted shall not come into use until the following highway works appropriate to that phase (which definition shall include works associated with any Traffic Regulation Order required as a result of the development, signing, lighting, drainage and other related works) have been carried out in accordance with the approved plans, or arrangements entered into which ensure the same.

- Pedestrian crossing points, Kent Street/Fawcett Street junction (phase 1)

- Improvements to pedestrian crossing facilities at Fishergate Bar (phase 1)

- Residential block dropping off lay-by, Barbican Road

- Hotel dropping off lay-by, Paragon Street

- Relocated bus stop, Kent Street

Reason: In the interests of the safe and free passage of highway users.”

                                    And the following additional conditions:

(i)       Condition – “Prior to first occupation of each phase of the development, details of and sustainability and energy statement shall be submitted to and approved in writing by the Local Planning Authority.  The statement shall include: -

      i)         Details of the standard of homes (where relevant to the phase) in energy efficiency terms.

ii)         Demonstration of reduction in carbon emissions in the construction and choice of materials compared to a normal build of this type

iii)     The inclusion of a waste minimisation, disposal and recycling plan for the construction and its end use

iv)     The inclusion of a pollution minimisation plan for the construction and its end use

v)         Demonstration of the inclusion of microgeneration measures within the development

Thereafter the measures agreed shall be incorporated into the detailed design of each phase of the development, any demolition and construction works, and the subsequent   management and operation of all buildings at the site.

Reason:  To ensure that each phase of the development complies with national planning advice contained within Planning Policy Guidance Note 1: "Delivering Sustainable Development", and Policy GP4 a of the Council's Development Control Local Plan.”

(ii)     Condition – “Prior to the phases of the development involving the new Barbican and the hotel complex being brought into use, a full staff travel plan for that phase, developed and implemented in accordance with national guidance and guidance published by the City of York Council, shall have been submitted and approved in writing by the local planning authority

Reason: To ensure that the development complies with national planning advice contained within Planning Policy Guidance Note 13: "Transport", and to encourage the use of modes of transport to and from the site other than the private car.”

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 residential amenity, effect on highway and pedestrian safety and convenience, setting of the adjacent City Walls and Conservation Area and archaeology on the site. . As such the proposal complies with Policies H9, E4,E5 and I13  of  the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies GP1, GP3, GP4, GP11, HE2, HE10, T4, T13,T14, T20, H2, H4, L1, C3, V1, and V3 of the City of York Local Plan Deposit Draft.