Agenda item

Conversion of ground floor to restaurant (Class A3) and/or offices (Class B1), first floor to offices (Class B1) and upper floors to four. apartments, erection of external access tower and bridge link to Skeldergate and new mansard roof to southern building. [Micklegate Ward] [Site Visit]

Members considered a major full application (13 weeks) from Mr Peter Callaghan for the conversion of the ground floor to a restaurant (class A3) and/or offices (Class B1), first floor to offices (Class B1) and upper floors to four apartments, the erection of an external access tower and bridge link to Skeldergate and a new mansard roof to southern building.

Officers advised the committee that the agent had submitted a response to a number of issues raised by consultees and residents as follows:

·        Use - It is confirmed that the applicants seek consent only for a Class A3 use (as one of the two alternative uses for the ground floor of the southern building). There would be no objections to a condition which restricted the playing of amplified music.

·        Closing Time - The applicant can accept the recommended restriction of hours on the basis that this closing time allows for a clear up period by staff after the restaurant formerly closes to customers.

·        Parking- There would be no car parking on the grassed area on Terry Avenue

·        Sustainable Design and Construction - It is confirmed that a “Very Good” BREEAM rating will be sought for the offices and that the developers will work with the occupant of the restaurant use (when known) to achieve a “Very Good” rating for this part of the scheme. Code for sustainable Homes Level 3 will be sought for the four flats. In relation to the use of renewable energy technologies, it is proposed to use air source heat pumps.

Officers advised that further representations had also been received. A local resident had expressed concern with respects to the complete removal of the broad holly and the mature lime and sought reassurances that any trees removed would be replaced. It was pointed out that the removal of the holly, which currently provided an all year round visual barrier between the Lady Anne Court Flats and the Bonding Warehouse, would also expose more the balconies/windows of the proposed offices/restaurant and flats, thereby reducing the privacy of existing residents.

Officers advised that their recommendation was now that the application be approved subject to a s106 agreement and to receipt of final comments of the Ecologist with respect to Condition 23 (bats).

Officers advised the following revised and additional conditions:

Revised Condition 18 – remove (h) location and details of bat boxes (now a separate condition)

Additional Condition 22 – to prevent playing of amplified, recorded or live music associated with the restaurant

Additional Condition 23 – require locations and details of bat boxes to be submitted to and approved by the local planning authority.

Representations were received from Sarah Doyle. She asked the committee to take the amenity of local residents into account when considering the application. She raised concerns about noise disturbance including noise from customers, noise of wagons reversing, music and disturbance from people leaving the premises late at night/in the early hours of the morning. She asked that the restaurant remained as a restaurant and not become a bar in future. She requested that the building’s uses be restricted to flats, offices and A3 restaurant use and asked that conditions were added to cover the playing of music and opening hours. She raised concerns about pigeons living under the proposed bridge walkway and suggested that the additional cycle parking could encourage anti social behaviour. She requested that pruning of the evergreen holly tree was kept to a minimum in order that it retained its purpose as a sound barrier.

Representations were received from Mr Peter Callaghan, the applicant, in support of the application. He advised the committee that he had worked with consultees towards creating a modern living/working environment within a building which had been empty for 12 years and was at risk of deteriorating further if not redeveloped. He stressed the importance of finding occupiers for all the space in order for the building to work and explained that the flexibility offered by the proposals would help manage the occupation of the building. He stated that sustainability was embedded in the design. He noted that the opening hours will be revised to reflect restaurant use and told Members that Grantside’s offices would be based within the building next to the restaurant, which he hoped would demonstrate their commitment to the success of the development.

In response to a question as to whether facilities were provided for smokers, the applicant advised that a smoking shelter could be provided in the courtyard area if required. Members acknowledged that this would require a separate planning application.

Members took assurances from the fact that Grantside intended to base themselves within the building from a point of view of management of the building. They agreed it was a good scheme which would bring the building back into use. They did not feel that there was a need for a 12 cycle stand on the opposite side of the road. Members agreed that nets should be put under the bridge to prevent pigeons nesting.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the amended and additional conditions below, a section 106 agreement and on receipt of final comments of the Ecologist with respect to Condition 23 (bats).

Amended Condition 18

Large scale details and specifications of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the relevant part of the development and the works shall be carried out in accordance with the approved details.

(a) Stair tower (including sections through the external wall at 1:20 and 1:5 details of the junctions with the existing building)

(b) Amended balconies, including details of any replacement balustrades

(c) Adaptations to external doors (proposals for the adaptation of the taking in doors on the river frontage as detailed on Drawings 17801-3-016/017/18 are unacceptable).

(d) New windows (pattern to be based on originals)

(e) Typical dormer window

(f) Rooflights. These should be conservation type with recessed flashings

(g) Any additional flood measures such as flood gates located outside of existing ground floor doors and windows

(h) Sections across the bridge and ramp at 1:20 and details of the balustrade and supports

(i) Details and location of the platform lift (referred to in the Planning Statement as being attached to the stepped part of the ramp)

 (j) The new opening and gate in the existing bridge walls

(k) Details of anti-crime measures in relation to the bridge

(l) pigeon netting to underside of bridge

Reason: Because of the special interest of the listed building and the character and appearance of the conservation area in accordance with policy HE2 and HE4 of the Local Plan.

Additional Condition 22

No amplified, recorded or live music in association with the restaurant shall be played which is audible within nearby residential properties.

Reason: In order to protect the amenity of residents and in the interests of the character of the Conservation Area.

Additional Condition 23

No development shall take place until the locations and details of bat boxes have been submitted to and approved in writing by the Local Planning Authority. All works shall be carried out in accordance with the

approved details, unless otherwise approved in writing by the Local Planning Authority and shall be retained unless otherwise agreed in writing with the Local Planning Authority.

Reason: To take account of and enhance the habitat for a protected species. It should be noted that under National Planning Policy Framework the replacement/mitigation proposed should provide a net gain in wildlife value.

REASON:           The proposal, subject to a Section 106 agreement, 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 special interest of the listed building, the character and appearance of the conservation area, the living conditions of nearby residents, flood risk, protected species, highway safety and the provision of leisure, open space and education facilities. As such the proposal complies with Policies GP1, GP15a, HE2, HE4, HE10, HE11, T4, H1, E7, ED4, L1c and NE6 of the City of York Local Plan Deposit Draft and the guidance contained in the National Planning Policy Framework (March 2012).