Agenda item

Erection of 28 two and three storey dwellings,  three storey block of 9 apartments, new social club with associated access, parking and landscaping together with children's play area. [Heworth] [Site Visit]

Members considered a major full application (13 weeks) from RHW Developments Limited for the erection of 28 two and three storey dwellings, three storey block of 9 apartments, new social club with associated access, parking and landscaping together with children’s play area.

Officers circulated an update to the Committee report. The update covered the following points;

·        That an attempt had been made to add the building to the Statutory List of Buildings of Historical or Architectural Interest through English Heritage but that this was unsuccessful.

·        That as the building was not listed or in a Conservation Area that it could demolished under the Prior Notification Procedure. This would mean that Members could only consider the method of demolition and not the principle.

·        That the social club could be listed as a “non designated heritage asset” in the Local Heritage List Supplementary Planning Document but this would not affect the rights to demolish the building.

·        That the Local Heritage List was currently in draft form, and following consultation Members would decide in October whether it the list itself be progressed or adopted.

·        That the building could only be protected from demolition if it were subject to an Article 4 direction.

·        Further representations against demolition had been received from the Victorian Society and Ancient Monument Society, eight further objections from local residents and Councillor Taylor. These objections focused on the architectural and historic nature of the building and the contribution it made to the surrounding area.

·        An additional representation in objection was also received on the grounds of noise and disturbance from the club and play area and the lack of publicity about the planning application.

In response to questions from Members regarding the influence that an Article 4 direction would have on their decision, it was reported that as the building was not on any local list of historic buildings adopted by the Council, and that there was no Article 4 Direction either in place or proposed.

Officers considered that they could not advise Members on this matter and that it should not form of their deliberations.

Representations in objection were received from Keith Pringle, a local resident who lived opposite the building. He felt that the application should be rejected due to the density of the development and that local residents did not want to see a replacement social club in the area. He also expressed concern about the level of public consultation carried out and the advertisement of the application. Officer’s responded that the neighbour notification undertaken by the Council was in accordance with the Statement of Community Involvement and statutory requirements.

Representations in support were received from John Howlett, the applicant’s agent. He informed Members that a public consultation meeting on the application had taken place and that leaflets had been dropped through doors on Burnholme Avenue and Burnholme Road. He confirmed that the current stained glass window in the building would remain and form part of the new social club.

Some Members felt that the application should be approved because the current building was far too dilapidated to continue in its current use. They added that the new social club which was proposed would be far more efficient noise wise.

Resolved:  That the application be approved subject to the prior completion of a legal agreement/unilateral undertaking and the following amended condition;

3. RECORDING OF BUILDING/DEMOLITION

No demolition or alteration shall take place until the applicant has submitted a complete Level 3 Building Record of the standing building (Burnholme, subsequently the Burnholme Social Club) to the Local Planning Authority and the City of York Historic Environment Board has been agreed in writing by the Local Planning Authority.

The demolition shall not take place until a legally binding contract for the replacement club hereby approved is made and evidence of the contract has been produced to and agreed in writing by the Local Planning Authority, or in the absence of such a contract an alternative confirmation of commencement of the development has been submitted to and agreed in writing with the Local Planning Authority.

Reason:    As the building is of local importance and considering its historic and architectural interest and to avoid the loss of a community facility without an adequate replacement, in accordance with Local Plan policies HE2, HE10 and C1.