Agenda item

Temporary use of car park for siting of ice rink and funfair [Fulford and Heslington Ward] [Site Visit]

Members considered a full application by Ms Maria Farrugia for the temporary use of the car park for the siting of an ice rink and funfair.

Officers clarified that the ice rink was 30m by 30 m and the cafe was now on the east side of the rink with the office and first aid areas being on the west side.

Officers advised that condition 3 should be amended to allow the opening of the event up to the 15^th January. They also advised that condition 5 should be clarified so that it was clear that it related to the public address system and that condition 9 and 11 should also be clarified. They advised that a further condition covering music was also required.

A series of photographs submitted by Fulford Parish Council, showing car parking on the site on roads, grass verges and close to a mature tree, were circulated to Members of the Committee.

Maria Farrugia, the applicant, addressed the committee in support of the application. She advised that the event organisers had had an open dialogue with all interested parties, informing Members that Highways officers did not have any issues with the proposals and the parking was well managed by the Designer Outlet, with extra staff employed on peak days to manage the car parking. She explained that the event was hidden within the car park which was beautifully landscaped . She advised members that the event had been run since 2010and that they worked closely with the Designer Outlet to ensure it was well managed. 

Karin de Vries addressed the committee on behalf of Fulford Parish Council. She stated that the ice rink and funfair constituted inappropriate development in the green belt and therefore should only be approved if very special circumstances were proved. She did not feel that the considerations put forward by the applicant constituted very special circumstances. She stated that that the out of town location drew people out of the city centre and raised concerns in relation to issues with excessive parking on the site, unprecedented traffic movements, lighting and noise pollution.

Officers advised that their view was that the harm to the green belt was very limited, with only a very small impact on the openness of the greenbelt. Taking into account the considerations which the applicant had put forward (the ice rink being a significant tourist attraction for York, providing employment, providing opportunities for people with disabilities to enjoy a new activity, healthy family entertainment and having sustainable access), which could be considered as very special circumstances, it was felt that these were sufficient to outweigh the potential harm to the green belt. 

Members considered the photographs which had been circulated by the Parish Council which showed parking around mature trees and on grass verges and some members expressed concern about potential damage to both trees and verges. However it was acknowledged that this could happen at other times of the year such as bank holidays when the site was busier than during the period of the ice rink. They noted that only 100 parking spaces would be lost for the event which was only a very small proportion of the parking available on the site. They accepted that the protection of trees was not the responsibility of the applicant and had been advised that the Designer Outlet managed parking well and the parkland was immaculately kept by the Designer Outlet. They accepted that the Eye of York was not available for the ice rink and there were no other suitable city centre sites therefore this was best alternative location and only place for it in York.

Resolved:      That the application be approved subject to the conditions listed in the report and the amended, clarified and additional conditions listed below.

Amended Condition 3

The use hereby approved shall not operate between 15th January and 31st October inclusive each year.

Reason: To safeguard the amenities of local residents, to ensure that the car park is available for the use of the retail outlet and in the interests of the visual amenity of the area.

Clarified Condition 5

No audio systems (Public Address system) associated with the development shall operate outside the hours of 09:15 and 19:30 hours, unless required for emergency purposes.

Reason: To safeguard the amenities of local residents

Clarified Condition 9

The funfair, including all rides and stalls located on the car park area between the entrance to designer outlet and the skating rink shall not operate outside the hours of 11:00 and 20:15 hours Mondays to Sundays.   

Reason:  To safeguard the amenities of local residents

Clarified Condition 11

The ice-rink, associated cafe and the plant and machinery required to operate the ice rink including the ice resurfacer and the outdoor heating units shall not operate outside the hours of 09:15 and 21:30 hours Mondays to Sundays.

Reason:  To safeguard the amenities of local residents.

Additional Condition (covering music)

Music played on  the ice rink and at the funfair shall only be played during respective opening hours (9:15 and 21:30 and 11:00 to 20:15 ) and shall not be audible at the boundary of the nearest residential premises.

Reason: To safeguard the amenities of local residents.

Reason:         For the reasons set out in paragraph 4.28 of the officer report, it is recommended that the application for the temporary use of the car park is granted on a permanent basis i.e. can take place each year between November and January indefinitely subject to the conditions of operation set out in the officer report.

                        It is considered that the other considerations put forward by the applicant together with the mitigation of other harm through the imposition of planning conditions clearly outweigh the potential harm to the Green Belt by reason of inappropriateness and any other harm, and thereby amount to very special circumstances to justify the inappropriate development in the York Green Belt even when substantial weight is given to any harm to the Green Belt.