Agenda item

A major full application by Hungate York Regeneration Limited for the erection of part 5/part 6 storey building comprising 195 residential units, 1 new commercial unit (flexible use with uses classes A1, A2, A3, A4 or D1), parking, access and landscaping. [Guildhall Ward]

Consideration was given to a major full application for the erection of a 5 part 6 storey building comprising of 195 residential units and 1 new commercial unit (flexible use with uses classes A1, A2,a3,A4 or D1), parking, access and landscaping (full application for phase 2 of the Hungate Development Scheme).

 

Officers circulated an update to the committee report, full details of which are attached to the online agenda for this meeting. The main points were as follows:

·        Environmental Impact Assessment - It was considered that the proposed development would not have a significant environmental effect requiring the submission of an Environmental Statement.

·        Housing numbers, size and type – there will be a total of 363 units within phase 1 and 2.

·        An update to the recommendation - Additional point: (iii) payment to secure the provision enhanced pedestrian and cycle facilities in the vicinity of the St Saviours Place/Dundas Street/Peaseholme Green Junction consisting of zebra crossing and pedestrian refuges on Peaseholme Green at junction with St Saviours Place.

·        Updates to a number of conditions.

 

Dr. Peters had registered to speak in objection to the application as a resident of Rowntrees Wharf. He advised that he had bought his property on the basis of the old Hungate Site and had concerns about the proximity of the proposed 5/6 storey building to the north elevation of Rowntrees Wharf as daylight is already at a minimum. He also had concerns about a canyon effect between the two buildings.

 

The agent for the application had registered to speak in support. In response to comments made by Dr. Peters, he advised that the massing is no closer or higher to Rowntrees Wharf than the previously approved plans. In relation to design of the scheme, a riverside walk would be provided

 

Members queried a number of points as follows:

·        Whether the separation distance from Rowntrees Wharf differed from the outline application. The agent confirmed that there was no difference other than gable ends had been cut back.

·        How many commercial units were remaining. It was confirmed there would be one.

·        Some Members raised concerns about the impact on Rowntrees Wharf.

 

Following further discussion it was:

 

Resolved:                     That subject to completion of a revised section 106 agreement to secure the following:  

 

(i)  Minimum  16% affordable housing in this phase

(ii)  Revised trigger points for highway related, CCTV,   education  and open space payments

(iii) payment to secure the provision enhanced pedestrian and cycle facilities in the vicinity of the St Saviours Place/Dundas Street/Peaseholme Green Junction consisting of zebra crossing and pedestrian refuges on Peaseholme Green at junction with St Saviours Place.

 

The Director of City and Environment Services be authorised to grant planning permission, subject to the conditions set out in the committee report  and the following amended conditions:

 

Condition 11 -     A scheme of works for the restoration of the Foss Riverbank/wall, excluding the Kings Pool site, shall be submitted and agreed with the Local Planning Authority prior to the commencement of development ,and shall thereafter be implemented fully in accordance with the agreed scheme.

 

Reason: In the interests of the visual amenities of locality, flood defence and ecology along the Foss corridor.

 

Condition 16 - Prior to any works commencing on site, a construction environmental management plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall identify the steps and procedures that will be implemented to minimise the creation and impact of noise, vibration and dust resulting from the site preparation, groundwork and construction phases of the development. The CEMP shall also include a detailed method of works statement relating to the highway network, which shall include at least the following information;

 

- measures to prevent the egress of mud and other detritus onto the adjacent public highway

- a dilapidation survey jointly undertaken with the local highway authority

- the routing for construction traffic that will be promoted

- a scheme for signing the promoted construction traffic routing

- details of the areas which will be used for the storage of materials, site compound, and the parking and turning of construction traffic clear of the public highway.

 

Once approved, the CEMP shall be adhered to at all times, unless otherwise first agreed in writing with the Local Planning Authority.

 

Reason: To ensure that the development can be carried out in a manner that will not be to the detriment of amenity of local residents, free flow of traffic or safety of highway users.

 

Condition 24 - No part of the development to which this planning permission relates shall be occupied unless or until the carriageway and footway wearing courses and street lighting to the new estate road and footpath to which it fronts, is adjacent to or gains access from, have been completed and in terms of street lighting are in working order. 

 

Reason:     To ensure appropriate access and egress to the properties, in the interests of highway safety and the convenience of prospective residents.

 

Condition 25 - Prior to development commencing, details of the cycle parking areas, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.

 

Reason:  To promote use of cycles thereby reducing congestion on the adjacent roads.

 

Condition 27 (Off-site highway works) to be deleted due to being incorporated into Section 106 obligation.

 

Condition 28 (method of works statement) to be deleted – incorporated into condition 16.

 

Condition 29 - The development shall not begin until details of separate systems of foul and surface water drainage works for that phase have been submitted to and approved in writing by the Local Planning Authority, and carried out in accordance with these approved details.

 

Details to include:

 

1.   Calculations and invert levels to ordnance datum of the existing foul and surface water system should be provided together with details to include calculations and invert levels to ordnance datum of the proposals for the new development.

 

2.   In accordance with City of York Councils Strategic Flood Risk Assessment and in agreement with the Environment Agency and the York Consortium of Internal Drainage Boards, peak run-off from developments must be attenuated to 70% of the existing rate (based on 140 l/s/ha of proven connected impermeable areas). Storage volume calculations, using computer modelling, must accommodate a 1:30 year storm with no surface flooding, along with no internal flooding of buildings or surface run-off from the site in a 1:100 year storm.  Proposed areas within the model must also include an additional 20% allowance for climate change. The modelling must use a range of storm durations, with both summer and winter profiles, to find the worst-case volume required.

 

Please note that If existing connected impermeable areas not proven then a Greenfield run-off rate based on 1.4 l/sec/ha shall be used for the above.

 

Reason:  So that the Local Planning Authority may be satisfied with these details for the proper drainage of the site.

 

Condition 31 – to be deleted as not applicable to Phase 2.

 

Condition 32 - Unless otherwise agreed in writing by the Local Planning Authority, no building or other obstruction shall be located over or within 5m of the line of the sewers at greater depths, or within 3m (three) of the line of the sewers at shallower depths which cross the site.This is subject to the foundation details being agreed and a minimum distance of 300mm between the outside edges of the proposed foul water surface water sewers.

 

Reason:     To prevent pollution of the water environment.

 

Condition 33 – to be deleted.

 

 

 

Reason:                        The proposed revisions to the reserved matters approval are acceptable in the context of the principles established in the Hungate Development Brief, Design Code and Design Statement associated with the outline approval and with relevant national and local plan policies.