Agenda item

Demolition of existing buildings, use of  land to car storage facility and erection of office building. [Rawcliffe and Clifton Without Ward] [Site Visit]

Members considered a  major outline application by Mr Richard Baines for the demolition of existing buildings, use of land as a car storage facility and erection of an office building.

Officers advised that the area shown on the submitted plan D138.L.10/E as being used for the storage of cars was for illustrative purposes only.  It showed 1000 of the 2000 cars for which consent was being sought.  They clarified that the full area to be used for the storage of cars was as shown shaded light green.  The car parking area immediately to the front and side of the proposed office building was for staff.

They advised that three further planning conditions were recommended to cover: the parameters of the office building and security gatehouse; details of Surfacing; and pasture to be retained.

Officers advised that the applicant had asked that certain conditions be amended in order to accommodate the likelihood of the development being carried out in phases.  In particular that the use of the site for car storage could start before the construction/occupation of the office building.  In response officers recommended that amendments be made to the following conditions: cycle parking; parking and manoeuvring; travel plan; landscape scheme; street furniture details; and lighting impact assessment.

Eamonn Keogh, the applicant’s agent, addressed the committee in support of the application. He advised that very special circumstances had been accepted by officer and stated that:

·        no other suitable sites were available in the urban area or elsewhere

·        the scheme would include extensive new planting and the parking area would be divided by planting new hedgerows. The strip along the curtilege of the site would be retained.

·        sustainable travel to and from the site by staff would encouraged. Autohorn was in discussion with Roko about the use of footpath so they could link in with existing path.

 

Richard Baines, the applicant, then spoke in support. He advised that:

·        he had started business with 9 cars and 3 staff and were an unknown brand. They now had a fleet of 2000 cars, 100 staff and considered themselves one of best employers in city, recently voted best socially responsible employer.

·        The business needed space to grow and long term security. They were currently located in York Central which was to be developed. There was no space in York centre to expand and this was the only suitable available site.

·        The proposals would tidy up and improve the site.

 

When asked by Members, the applicant agreed to consider keeping the one remaining  World War II blast dispersal shelter earth bunding  at the site.   

 

In response to questions from Members, the applicant and agent provided the following information:

·        Some of key customers are based at Clifton Moor. This site is conveniently located for them.

·        At the current site, cars have to be offloaded outside the city centre and driven in.  Moving to this site would mean that car transporters could deliver cars directly to the site and avoid the need for transporters to come into the city.

·        They were willing to agree to maintain hedgerows at a certain height as part of landscaping scheme.

·        Working on lighting scheme – lights would operate in similar way to Leeman Road site on sensors and would not be permanently switched on.

·        2000 spaces will not be needed immediately but probably within two years.

Councillor Shepherd moved, and Councillor D’Agorne seconded, a motion to refuse the application on the grounds that plans for storage of 2000 cars was too substantial on what they described as a green wedge which was a key part of the local plan. Whilst they accepted that the business needed to move out of the city centre, they raised concerns that it would set a precedent for green wedges and the local plan.  On being put to the vote, the motion was lost.

 

Members acknowledged that the site was in the Green Belt but accepted that very special circumstances had been proven. They noted that:

·        they had heard reassurances with regard to the landscaping and lighting schemes.

·        the proposed use for the site would tidy up the site and improve the landscape.

·        the business needed flexibility with regard to capacity for cars due to the nature of business.

·        this was a locally grown business who were an important part of city’s economy who needed to move to have more space to grow. This was the only suitable site.

·        Moving cars/transporters from city will make a difference

·        They would like to see hedgerows maintained at suitable minimum height and the blast dispersal shelter retained.

 

It was agreed that if approved, condition 18 should be amended require hedges to be maintained at a certain height and that a condition be included regarding the retention of the dispersal shelter.

 

Councillor Cullwick then moved and Councillor Cuthbertson seconded, a motion to approve the application in line with the officer recommendation and it was:

 

Resolved:  That the application be REFERRED to the Secretary of State, and provided that the application was not called in for his own determination, DELEGATED authority be given to the Assistant Director for Planning and Public Protection to APPROVE the application subject to the conditions listed in the report and the following additional and amended conditions, an amendment to Condition 18 regarding the height of hedges and a condition to require the retention of the dispersal shelter.

 

 

                   Additional Conditions

31. Parameters of the office building and security gatehouse

The dimensions of the approved office building shall not exceed 80m in length, 29m in depth and 11.3m in height as measured from existing ground level. The security gatehouse shall be single-storey and shall not exceed 40sqm in area.  Before any works commence on the site a means of identifying the existing ground level on the site shall be agreed in writing, and any works required on site to mark that ground level accurately during the construction works shall be implemented prior to any disturbance of the existing ground level. Any such physical works or marker shall be retained at all times during the construction period.

Reason: To establish existing ground level prior to any excavation or other groundworks; to avoid confusion in measuring the height of the approved development; and to ensure that the approved development does not have an adverse impact on the character of the surrounding area.

32. Details of Surfacing

Notwithstanding the approved plans, within one month of planning permission being granted details of the proposed surfacing of the external areas shall be submitted in writing to the local planning authority for approval.  The development shall be carried out in accordance with the approved details.

Reason: To ensure that the surfacing is appropriate for the site in terms of durability and appearance, in order to protect the character of the area.

33. Pasture Land to be Retained

The areas along the eastern boundary shown as existing pasture on the approved plan D138.10 Rev.E shall be retained in their entirety as open pasture and shall not be used for any other purpose without the prior written approval of the local planning authority. 

Reason: In the interests of the openness of the Green Belt and the visual amenity of the area.

 

                   Amended Conditions

          6. Cycle Parking

Within one month of approval of reserved matters relating to the office building, details of the cycle parking areas, including means of enclosure, shall be submitted to the local planning authority for approval.  The development shall be carried out in accordance with the 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 and in the interests of the amenity of neighbours.

7. Parking and Manoeuvring

Each the areas shown on the approved plans for parking, storage and manoeuvring of vehicles shall not be brought into use until they have been constructed and laid out in accordance with the approved plans, and thereafter such areas shall be retained solely for such purposes.

Reason:  In the interests of highway safety.

 

9. Travel Plan

 

Prior to first occupation of the office building a full travel plan, in line with local and national guidelines, shall be submitted to the local planning authority for approval.  The development shall be occupied in accordance with the aims, measures and outcomes of the approved travel plan.

 

Reason:  To ensure that 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 those users.

 

18. Landscape Scheme

 

No development shall take place until there has been submitted and approved in writing by the Local Planning Authority a detailed landscape scheme which shall include the species, stock size, density (spacing), and position of trees (including any existing trees that are shown to be retained), shrubs and other plants, means of protection, seeding mix, and sowing rate where applicable. It shall also include details of ground preparation and maintenance. The scheme shall be implemented within a period of six months of first occupation of the development.  Any trees or plants that, during the lifetime of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless the Local Planning Authority agrees alternatives in writing.

 

Reason:  So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the entire site as the landscape scheme is integral to the amenity of the development.

 

19. Street Furniture Details

 

Prior to their installation, details of street lighting, signage, security cameras and any other external street furniture or ancillary structures shall be submitted to the local planning authority for approval.  The development shall be carried out in accordance with the approved details.

 

Reason:  In the interests of the character and appearance of the area and the openness of the Green Belt.

 

25. Lighting Impact Assessment

 

Prior to the installation of any external lighting a full Lighting Impact Assessment undertaken by an independent assessor shall be submitted to and been approved in writing by the Local Planning Authority. The report shall detail predicted light levels at neighbouring residential properties and contain the following as a minimum:

 

·          Description of the proposed lighting: number of lighting columns and their height, and proposed lighting units including the access road

·          Plan showing vertical illuminance levels (Ev), showing all buildings within 100 metres of the edge of the site boundary.

 

Thereafter the approved details shall be implemented to the satisfaction of the Local Planning Authority prior to the occupation of the development and the lighting maintained in accordance with the specification.

 

Reason: To protect amenity of neighbouring occupiers and the character of the area.

 

Reason:     On balance, the strong economic case for supporting the applicant's business and for releasing their Leeman Road premises for redevelopment, together with the absence of suitable alternative sites that could accommodate the particular needs of the applicant's business, are compelling reasons in favour of the application. Notwithstanding the substantial weight being given to the identified harm to the Green Belt and the other harm (to the landscape character and to the council's sustainable transport objectives) the economic benefits of the proposal amount to very special circumstances that clearly outweigh that harm and justify planning permission being granted.