Agenda item

Single storey building to provide retail unit (use Class A1) and replacement public conveniences. [Guildhall] [Site Visit]

Members considered a full application by Healthmatic for a single storey building to provide retail unit (use Class A1) and replacement public conveniences.

Members provided an update on the application, officers provided the following updates on information contained in the report:

·        Paragraph 4.9 - Metal gates - replacement gates were now proposed to enable the gates to sit against the wall, and maximise space in the courtyard area.  Condition 3 was to be amended to agree replacement gate design.

·        Paragraph 4.10 - Door under the steps up to the City Wall - it was now proposed that this door was to be retained and blocked from behind.

·        Paragraph 4.11 - DDA requirements for toilets - applicants have confirmed the night toilet would be DDA compliant.

·        Paragraph 4.14  - Boundary wall with 1 High Petergate - It was proposed to re-build the boundary wall up to approx 4m.  Officers had no objection to this.  It was noted consent would be required from the neighbours, under the party wall act.

·        Condition 3 - large scale details - require details of roller shutter – There was no need for details of doors, as no new doors were proposed.

·        Conditions 5 (brickwork) & 6 (doors under steps) could be deleted. Brickwork would not be prominent from public realm and door was to remain.

Members questioned the decision taken to reduce the number of toilet cubicles from 13 to 7. Members were advised that the need for improved toilet facilities here had been raised during the public consultation for public realm improvements in Exhibition Square, and the amount of cubicles provided was considered reasonable by the proposed operators Healthmatic and the city council as client had not disagreed with this.

With reference to paragraph 4.11, Members asked for clarification on which toilets were DDA compliant and which would be wheelchair accessible. Officers advised that there was one wheelchair accessible cubicle, but that the night toilet would not be wheelchair accessible.

Councillor Brian Watson, who had called in the application to committee to assess the impact on listed buildings and consider the proposed retail development, addressed the committee. He advised members that the present facility comprised 13 toilets as well as urinals. He stressed the important role of urinals stating that 60 percent of male users of public conveniences use urinals. He questioned whether a reduction to 7 toilet cubicles was really sufficient to meet needs. He drew members attention to paragraph 4.3 of the report which stated that Section 70 of the NPPF advised that planning decision should aim to achieve places where there is “no unnecessary loss of public facilities” and questioned whether a reduction from 13 to 7 was in accordance with that advice. Finally he voiced the opinion that the window to the retail unit was alien to Bootham Bar itself.

Members asked  what work had already taken place at the site. Officers advised that the original building had been demolished in line with planning permission granted by City of York Council. They explained that the Planning Act allows scheduled ancient monument consent to take precedence over listed building consent. As the site has scheduled ancient monument consent from English Heritage, the listed building consent application had been withdrawn as it was not necessary.

Charlotte Harrison, the agent for the applicant, was present at the meeting in order to answer any questions from Members. She provided the following information:

·        the night toilet would have a level threshold and the door was wide enough to  make it DDA compliant. It would be available for all users and would not operate with a radar key. However it was not possible to make the night toilet wheelchair accessible due to space constraints. However there was a new changing place facility due to open nearby at Union Terrace Car Park.

·        Heathmatic were providers of WCs in the city and had been in discussion with CYC for several years leading up to this application.

·        The quality of former facilities had fallen as they hadn’t been maintained for a number of years. The proposed replacement facilities would be easier to maintain due to the reduction in cubicles.

·        The night WC in the former facility had never been wheelchair accessible. We are working with a restrictive site and are meeting DDA requirements.

Members accepted the need to improve toilet facilities at Exhibition Square and were on the whole supportive of the proposals, however acknowledged the concern over night time use by wheelchair users. Some Members expressed the view that when designing a new facility, one should hope for 24hr access for disabled people and expressed concern about the lack of a night time wheelchair accessible toilet. They expressed concern that there didn’t appear to have been any consultation with disabled access groups.

One Member expressed concern regarding the introduction of unisex facilities and stated that men preferred the option to use a  urinal.

Members expressed pleasure that the proposals would expose the Roman wall with use of glass ceiling as well as the Victorian part of the wall.

Councillor Horton moved and Councillor Cuthbertson seconded a motion to approve the application.

Councillor Warters moved and Councillor Fitzpatrick moved a amendment to defer the application. On being put to the vote, this motion fell.

The agent for the applicant advised the Committee that the wheelchair accessible toilet and night time toilet may be interchangeable so that the wheelchair accessible toilet could be open 24 hours. Officers advised that if Members wanted to ensure that the night time toilet to be wheelchair accessible, they would need to defer the application to seek amended plan. However the other option was to approve the application with an informative to ask the agent to go away and look at the feasibility of making the night time toilet wheelchair accessible.

Resolved:  That the application be approved subject to the conditions listed in the report, the amended condition below, the deletion of conditions 5 (brickwork) and 6 (doors under steps) and the addition of an informative to ask that consideration is given to the night-toilet being made wheelchair accessible.

Amended Condition 3 - Large scale details

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

- Sections and plans through the cladding and glazing, to include connections to the stone walls

- Roller shutter

- Glazed window within the stone arch (the framing must be hidden from external view)

- Entrance gates

- Paving pattern (including relationship to existing)

- External lighting

- Signage (note listed building consent would be required to fix any signage to listed structures.

Reason: To sustain the significance of heritage assets in accordance with section 12 of the National Planning Policy Framework.

Reason:     The proposal in principle is compliant with planning policy.  Subject to planning conditions, the development would be of acceptable appearance; the character and appearance of the conservation area would be preserved, and there would be no undue effect on amenity.