Agenda item

Mooring of Ouse Barge converted to create floating arts venue adjacent to Tower Gardens/Skeldergate Bridge. [Guildhall Ward] [Site Visit]

Members considered a full application by the Arts Barge Project for the mooring of an Ouse Barge converted to create a floating Arts Venue adjacent to Tower Gardens/Skeldergate Bridge.

Officers circulated an update which provided:

·        An example of the public access programme for the venue,  showing event types and related noise levels provided by the applicant

·        Make it York’s review of available property in the city

·        Officers comments in relation to alternative locations for the barge

·        Amended reasons for refusal, to clarify that the public benefits of the development were not considered to outweigh the identified harm to the heritage assets

·        Public Realm comments in relation to open space improvements and the re-landscaping of the riverside

·        Details of nine third party representations in support

·        Cllr Hayes comments in support of the application

Members questioned a number of points in relation to the update including:

·        The reasons for refusal and alternative siting

·        Had a precedent been set by adjacent cafe?

·        Comparisons with other boats moored on the river

·        Where the riverbank changed in character from commercial to residential development?

Sarah Doyle spoke, on behalf of local residents, to express their concerns at the impact of the proposals on the amenity of residents, particularly arising from anti-social behaviour and amplified music. She also raised river safety concerns in relation to customers and requested Members to protect the amenity and the character of the conservation area.

Honorary Alderman Brian Watson also raised objections to the proposed mooring of the barge and the dominant effects on the conservation area from the mooring poles and noise pollution.

Jan Dyl spoke as owner of Dyl’s Cafe Bar situated adjacent to Skeldergate Bridge. He referred to the impact of the proposals on their family business which would change the ambience and openness of the area, particularly when the river was high. He referred to the effects of noise pollution, litter, late night drinking and river safety issues.

Bob Sydes, spoke as a Heritage Consultant and Research Associate at the University of York with experience in assessing the impact of development on historic buildings. He confirmed his support for the proposals and referred to the benefits of a high quality active river frontage. He considered that the development would not affect the setting or views and that the harm to heritage assets would be moderate.

Jane Gibson, spoke as Make it York Chair, also in support of the application which she felt would make better use of the river and provide a community use for residents and visitors of all ages. The venue would provide an authentic cultural experience and help to keep the city relevant as a tourist designation and have a positive impact on local businesses.

Cllr Craghill, as one of the Ward Members, also confirmed Cllr Flinders’ support for the proposals, which on balance they felt the benefits far outweighed any harm to the area. With the vessel being fully accessible and providing a variety of activities throughout the day, it was felt the proposals would be an asset to the city.

David Spencer, as the applicant’s Architect, also spoke in support confirming their proposals for the sensitive restoration of a historic barge to provide a high quality inclusive venue. He stated that the mooring would not be out of character with the area and highlighted that, to provide financial viability, the venue would have low running costs.

In answer to Member questions, Officers and the applicant stated that:

·         Whilst a number of alternative sites had been considered for the mooring of the barge, the site at the far side of the bridge was at a point where there was a kink in the river, adjacent to two lines of mature trees and did not allow the level access afforded at the preferred site

·        The Environment Agency had been satisfied with the applicants emergency evacuation plans

·        The deck housing provided disabled access, an accessible toilet and incorporated a lift to the lower deck

·        It was not intended to sell alcohol at all scheduled  events

·        Officers had been satisfied that the noise levels within the barge were unlikely to result in a loss of amenity for local residents

The Legal Officer reminded Members of their statutory duty, when determining planning applications for developments which would affect a listed building, its setting or the Conservation Area, of their need to attach significant weight to the desirability of preventing harm to the character or appearance of the area or the preservation of the building or its setting when  balancing such harm against the public benefits of the proposal,

Some Members supported refusal of the application for the reasons listed in the Officers revised reasons for refusal as they considered that the public benefits would not outweigh the harm caused to the designated heritage assets.

However, other Members felt that the public benefits of the development  outweighed  the concerns of local residents and the identified harm to the heritage assets.  They felt that the venue would support the early evening economy, provide affordable performance space and, with a noise management plan in place, ensure that there was no loss of amenity for nearby residents.

Following further lengthy discussion, Cllr Shepherd moved refusal which was seconded by Cllr Warters for the reasons set out in the Officer update, copy added to online agenda. On being put to the vote this was lost.

Cllr Ayre then moved approval as he felt that the public benefits of the development outweighed the identified harm to the designated heritage assets in the vicinity, which was seconded by Cllr D’Agorne. 

Officers outlined a number of conditions for inclusion in any approval which would be formulated by Officers, following the meeting, for subsequent agreement by the Chair and it was

Resolved:  That approval be granted subject to delegated authority being granted to Officers to determine the precise wording of the conditions in consultation with the Chair.

Reason:   The public benefits of the proposal  in creating a permanent   venue for the arts barge project  in the City Centre outweigh the less than substantial  harm to the designated heritage assets  of the central historic core and the adjacent listed buildings, even when considerable importance and weight is attached to the desirability of preserving the significance of those heritage assets. Other impacts including the impact upon local residential amenity are  considered to be acceptable in planning terms.