Agenda item

Change of use from warehouse/ industrial (use class B2/ B8) to leisure centre (use class D2). [Rural West York Ward] [Site Visit]

Members considered a major full application (13 weeks) by Mr Guy Kilner for the change of use from warehouse/industrial (use class B2/B8) to leisure centre (use class D2).

In their update to committee, officers advised that a condition regarding a travel plan should be included. Furthermore, following a further response from Public Protection regarding the extract and ventilation, two further conditions were recommended for details of machinery, plant & equipment and the treatment and extraction of cooking odours.

Members agreed the importance of the need for a travel plan, and to promote sustainable travel as much as possible, but acknowledged the restrictions of the location due to its distance away from public transport and the need to be realistic. They noted that secure cycle parking and an electric charging point would be provided.

Resolved:      That the application be approved subject to the signing of a Section 106 legal agreement, the conditions listed in the report and the additional conditions below.

                        Additional Condition - Travel Plan

The site shall not be occupied until a Full Travel Plan has been submitted and approved in writing by the LPA. The travel plan should be developed and implemented in line with local and national guidelines. The site shall thereafter be occupied in accordance with the aims, measures and outcomes of said Travel Plan.

Within 12 months of occupation of the site a first year travel survey shall have been submitted to and approved in writing by the LPA. Results of yearly travel surveys shall then be submitted annually to the authority's travel plan officer for approval.

Reason: To ensure the development complies with advice contained in NPPF of the City of York Development Control Local Plan, to encourage the use of non-car modes of travel to the site. To ensure adequate provision is made for the movement of vehicles, pedestrians, cycles and other forms of transport to and from the site, together with parking on site for these users. The Travel Plan submitted with the application lacks sufficient detail.

Additional Condition: Details of machinery, plant and equipment

Details of all machinery, plant and equipment to be installed in or located on the use hereby permitted that would be audible outside the curtiledge of the site shall be submitted to the local planning authority for approval.  These details shall include maximum sound levels (LAmax(f)  and average sound levels (LAeq), octave band noise levels and any proposed noise mitigation measures.  All such approved machinery, plant and equipment shall not be used on the site except in accordance with the prior written approval of the local planning authority.  The machinery, plant or equipment and any approved noise mitigation measures shall be fully implemented and operational before the proposed use first opens and shall be appropriately maintained thereafter.

Informative: The combined rating level of any building service noise associated with plant or equipment at the site should not exceed the background noise level at 1 metre from the nearest noise sensitive facades when assessed in accordance with BS4142: 2014, inclusive of any acoustic feature corrections associated with tonal, impulsive, distinctive or intermittent characteristics.

Reason: To safeguard the amenity of occupants of neighbouring premises

Additional Condition - The treatment and extraction of cooking odours

There shall be adequate facilities for the treatment and extraction of cooking odours. Details of the extraction plant or machinery and any filtration system required shall be submitted to the local planning authority for written approval. Once approved it shall be installed and fully operational before the proposed use first opens and shall be appropriately maintained and serviced thereafter in accordance with manufacturer guidelines.

Informative: It is recommended that the applicant refers to the Defra Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems (January 2005) for further advice on how to comply with this condition. The applicant shall provide information on the location and level of the proposed extraction discharge, the proximity of receptors, size of kitchen or number of covers, and the types of food proposed. A risk assessment in accordance with Annex C of the DEFRA guidance shall then be undertaken to determine the level of odour control required. Details should then be provided on the location and size/capacity of any proposed methods of odour control, such as filters, electrostatic precipitation, carbon filters, ultraviolet light/ozone treatment, or odour neutraliser, and include details on the predicted air flow rates in m³/s throughout the extraction system.

Reason: To protect the amenity of future residents and nearby properties.

Reason:         The proposed development would result in the loss of units of B1, B2, and B8 use, however the proposed use is considered to employ similar numbers to the permitted use.  The use would add to the leisure opportunities available to the residents of York and approval would support the local economy.