Agenda item

This application seeks planning permission for the construction of a two storey Wolfson Atmospheric Chemistry Research Centre at Chemistry Car Park A and new and replacement ramps to the rear of the Plasma and Harold Fairhair buildings.

The application has been called in by Councillor Levene because of a number of concerns including encroachment on the Conservation Area, impact on a public right of way (the footpath from the Church), and lack of information on environmental impact (noise, etc) and a wish for residents to be able to publicly voice similar concerns. [Heslington] [Site Visit]

Members considered a full application for the construction of a two storey Wolfson Atmospheric Chemistry Research Centre at Chemistry Car Park A on the University of York campus, and also for new replacement ramps to the rear of the Plasma and Harold Fairhair buildings.

In their update to Members, Officers suggested that if Members were minded to approve the application that a condition be added to restrict the hours of construction on the building.

Representations in objection were received from a local resident. She stated that the conservation area around the site would be harmed, as in her opinion the pathway through the adjacent woodland would be detrimentally affected due to the distance proximity of the new buildings to the boundary of the trees.

Further representations were received from another local resident in objection. She felt that the application would be overdevelopment and that the proposed building was too large and had been shoehorned into the land available in the car park. Additionally she was concerned that there was a lack of information about tree protection and added that if approved, an archaeological condition should be added to planning permission.

Additional representations in objection were received from another local resident. He referred to Heslington Church, which was adjacent to the site. He added that given its listed status that special care and attention should be paid to how developments in the area could affect the church. In his view construction of the building would damage tree roots, which would lead to their death, and therefore the building would be conspicuous in the winter.

Representations in support of the application were received from the agent for the applicant. She mentioned to Members that the applicant had proposed to thicken the tree belt on the boundary of the site. She added that the reason for the location of the building was to be closer to other Chemistry Department buildings. She stated that the University had a development brief on that part of the campus and that the application would support the Council’s policy of the promotion of Science in the city and would bring in additional jobs.

Members asked Officers about whether a tree survey had been conducted. In the view of Officers it was felt that the previous temporary buildings on the site would have restricted the spread of tree roots into the application site. Other Members added that they could not see how tree roots could have been damaged by a temporary building placed upon a tarmac surface. The agent responded that when the temporary buildings were located on the site that no excavations took place, but that that the weight of the buildings would have restricted the spread of tree roots. This was as a result of compaction of the ground.

Other questions to Officers from Members sought clarification about the height of the proposed building and whether the footpath along the boundary of the site would be maintained. They also questioned why Tree Protection Order (TPO) measures had not been included in the Officer’s report.

It was reported that the height of the building would not be as tall as the Plasma building which adjoined it. The lights from the building would be turned off in the evening, and the University would not want to prevent use of the footpath and so would agree to maintain the route. It was also reported that a tree protection condition could be added to any planning permission  and the agent was happy with this.

Another Member was concerned that there was a possibility that further development could take place to extend the building to fill an empty space between it the adjacent trees.  Other Members felt that the building was not visually detrimental and that it was needed by the Chemistry Department. They also felt that it should be allowed given that the University played a vital role in the life of the city.

RESOLVED:       That the application be approved with the following additional conditions;

5.                          Trees showing as being retained on the approved plans/ drawing xxx shall be protected in accordance with BS: 5837 Trees in relation to construction.

                             Before the commencement of development, including demolition, building operations, or the importing of materials and any excavations, a method statement regarding protection measures for the existing trees shown to be retained on the approved drawings shall be submitted to and approved in writing by the Local Planning Authority. This statement shall include details and locations of protective fencing; phasing of works; site access for demolition/construction and methodology; type of construction machinery/vehicles to be used (including delivery and collection lorries and arrangements for loading/off-loading); parking arrangements for site vehicles; locations for storage of materials; locations of utilities. Details of existing and proposed levels and surfaces shall also be included.

The protective fencing line shall be adhered to at all times during development to create exclusion zones. None of the following activities shall take place within the exclusion zones: excavation, raising of levels, storage of any materials or top soil, lighting of fires, mechanical cultivation or deep-digging, parking or manoeuvring of vehicles; there shall be no site huts, no mixing of cement, no disposing of washings, no stored fuel, no new trenches, or pipe runs for services or drains. The fencing shall remain secured in position throughout the construction process including the implementation of landscape works. A notice stating ‘tree protection zone-do not remove’ shall be attached to each section of fencing.

Reason:              To ensure protection of existing trees before, during and after development which are covered by a Tree Preservation Order and/or make a significant contribution to the amenity of the area.

6.                          The new tree and woodland understorey and margin planting shown on the Proposed Landscaping Plan PL05 revision B shall be implemented within a period of six months of the completion of the development. Details of the height of the proposed trees along Innovation Way shall be submitted to the local planning authority for written approval. Any trees or plants which within a period of five years from the completion of the development 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 alternatives are agreed in writing by the Local Planning Authority.

Reason:              In the interests of maintaining the landscaped setting of the campus in accordance with policy ED6 of the Local Plan and the Heslington Campus Development Brief (August 1999).

7.                          Notwithstanding the details included within Proposed Landscaping Plan PL05 Rev B details of additional tree and shrub planting to be located between the development hereby authorised and the existing tree belt to the south east shall be submitted to and approved in writing before the development hereby authorised is commenced. The additional landscaping shall be undertaken within 6 months of the completion of development and any tree or planting which within a period of five years from the completion of the development dies, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species unless suitable alternatives are agreed in writing by the Local Planning Authority.

Reason:              To secure the landscape setting of the Heslington University Campus and to secure compliance with Policy ED6 of the York Development Control Local Plan and the Heslington Campus Development Brief(Aug 1999).

10.                       All demolition and construction works and ancillary operations, including deliveries to and dispatch from the site shall be confined to the following hours:-

Monday to Friday 08.00 to 18.00

Saturday 09.00 to 13.00

Not at all on Sundays and Bank Holidays

Reason:              To secure the amenity of the area.

11.                       Prior to the commencement of the development , a Construction Environmental Management Plan (CEMP) for minimising the creation of noise, vibration, dust and lighting during the demolition, site preparation and construction phases of the development shall be submitted to and approved in writing by the Local Planning Authority. All works on site shall be undertaken in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

Reason:              To protect the amenity of the area.

12.                       Details of all machinery, plant and equipment to be installed in or located on the use hereby permitted, which is audible outside of the site boundary when in use, shall be submitted to the Local Planning Authority for approval prior to the development hereby authorised commencing. These details shall include maximum sound levels (LAmax(f)) and average sound levels (LAeq), octave band noise levels and any proposed noise mitigation measures. All such machinery, plant and equipment shall not be used on the site except in accordance with the prior written approval of the Local Planning Authority. The machinery, plant and equipment and any approved noise mitigation measures shall be fully implemented and operational before the proposed use first opens and shall be appropriately maintained thereafter.

Reason:              To protect the amenity of existing and future 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 proposed use and required location for the development, the impact on the appearance of the area, the impact upon the setting of the adjacent conservation area and the impact on trees, the landscaped setting of the campus and protected species. As such the proposal complies with Policies ED6, GP1, GP4A, NE1, NE7 and HE2 of the City of York Development Control Local Plan; polices Y1B and Y1F of the Yorkshire and Humber Plan (Regional Spatial Strategy to 2026) and the policies contained within the National Planning Policy Framework.