Agenda item

A full application for the variation of conditions 1, 7 and 8 of permitted application 11/02650/FUL to allow observation wheel to operate until 30 September 2013 and the site to be restored by 30 November 2013. [Micklegate Ward]. 

Members considered an application by Wheels Entertainments Ltd which asked for the variation of conditions 1,7 and 8 of permitted application 11/02650/FUL to allow an observation wheel to operate  until 30 September 2013 and the site to be restored by 30 November 2013.

Officers provided an update to the Committee report, which covered the following points:

·        Visit York letter of support;

·        Details of further objections received.

Representations in objection to the scheme were made by a resident of York on the grounds of loss of amenity to local residents and the fact that the wheel was only supposed to be on its current site temporarily.

A resident of Westgate Apartments made representations in objection. He advised that residents of Westgate are suffering from loss amenities such as television signal and that the noise levels experienced during windy weather are unacceptable as the wind blows through the structure. He also advised that when the wheel is operating, sweeping shadows affect his property.

A resident of Westgate spoke on behalf of all 114 residents to advise that the loss of amenity outlined by the previous speaker are real issues and that blinds are being drawn throughout the day to prevent residents being overlooked.  He referred to the business dealings of the previous operator, the Councils handling of the public consultation process and questioned the economic benefit to York.

Councillor Warters spoke in objection to the application. He referred to the previous application which had required the removal of the wheel by the end of February 2013 and questioned if the condition in the current application relating to removal by November 2013 could be believed.

The Agent for the application spoke in support of the scheme. In response to claims made by some of the registered speakers, he confirmed that his client was not linked in any way to the previous owners of the wheel. He advised that the wheel is located in a city centre location on a busy route into York and next to a busy sorting office and car park. In relation to the issue of the wheel overlooking the Westgate Apartments he advised that the planning officer was satisfied that the distance between the wheel and the apartments is sufficient.

Councillor Gunnell spoke as Micklegate Ward Councillor in particular on behalf of the residents of Westgate Apartments. She advised that she jointly opposed the application alongside the other Ward Members and asked that the wheel be moved on to another location in line with the original planning application. She stated that there is a noise issue and that on windy days it is audible inside the apartments and a flickering can clearly be seen on residents walls.

In response to claims made by some of the registered speakers relating to the business dealings of the previous operator, the Chair sought clarification from the Councils Legal Officer. It was confirmed that such claims are not material to planning issues.

The Assistant Director for Planning and Sustainability also spoke to confirm that the Council had carried out the online consultation correctly and numerous representations had been successfully submitted to the planning department.

A response was also sought from the Councils Environmental Protection Unit Officer regarding the issue of noise from the wheel. He confirmed that the noise caused as a result of the wind blowing through the structure does not cause an unacceptable disturbance and the EPU do not object to the operation of the wheel on such grounds.

Members then questioned the applicants agent on a number of points including:

·        The relationship between the wheel operator and the Royal York Hotel. It was confirmed that the Hotel is happy for the wheel to remain on the site until November.

·        If any other Wheels nationally are located near residential properties. The agent confirmed that a wheel in Weston Super Mare is located close to residential flats.

·        At what point the temporary applications would need to cease and a permanent application be made. The Councils Legal Officer advised that there would need to be an end point and that the Planning Authority would expect a full application to be made.

Following lengthy discussion, Councillor Firth moved approval and  Councillor Wiseman seconded  an amendment to condition 1 to state that the wheel must be removed from the site and areas made good by 31 October 2013 in order that the site is cleared in time for Remembrance Sunday. When put to the vote this was carried.

Approval of the application with the amended condition was moved and seconded. When put to the vote 8 members voted for approval and 8 against. The Chair then used his casting vote and the application was approved.

RESOLVED:                That the application be approved subject to the conditions listed in the report and subject to amended condition 1 as follows:

                                      Condition 1:

The wheel shall not operate after 30.9.2013.

The wheel and all its associated fittings and fixtures, including signage and the access arrangements shall be removed from site and areas made good by 30.10.2013.

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 impact on heritage assets, amenity and highway safety.  As such the proposal complies with Policies SP3, GP1, GP3, NE6, HE2, HE3, HE4 & V1 of the City of York Development Control Local Plan.