Agenda item

External alterations relating to retained ground floor public house and renovation of upper floors to form two flats, and demolition of extensions and construction of two residential blocks to rear forming 9 flats [Micklegate Ward]. [Site Visit]

Members considered a major full application by 2 Pubs Ltd for external alterations relating to retained ground floor public house and renovation of upper floors to form two flats, and demolition of extensions and construction of two residential blocks to rear forming 9 flats.

Consideration of the application for listed building consent 17/01469/LBC (minute 20e refers) took place alongside this application.

Officers advised that a representation had been received from Smith Marston Ltd on behalf of the owner of the apartments at 8 Toft Green with respects to loss of Light. The submission stated that the mass created by the proposed scheme poses a real risk of diminshed light to the units at 8 Toft Green. It was noted that these units currently received very little daylight and sunlight.  The consultant provided two sketches which demonstrated that the 25 degree guideline (as forwarded in the BRE guide) would fail meaning that there was potential for the daylight and sunlight in the properties at 8 Toft Green to be adversely affected and also, for the proposed units to be poorly lit. It was forwarded that without the applicant commissioning detailed daylight and sunlight assessments in accordance with the requirements in the validation checklist, it was not possible for officers to fully assess amenity and be able to make an informed decision.  It was requested that no decision be made until officers had been able to view and consider fully the implications of the scheme with regards Daylight and Sunlight and failure to do so, would be grounds for the owner of 8 Toft Green to consider Judicial Review.

In response to this, officers advised that in validating the application, Officers made a planning judgement that a Daylight and Sunlight assessment was not required in this case.  This judgement was based on the site circumstances with this site having an urban rather than suburban context, the use of 8 Toft Green being restricted to short term lets only and the consideration that 8 Toft Green does not incorporate any windows in its north-eastern elevation (further detail is provided at paragraph 4.35 of the report.

Officers advised that condition 2 (Plans) be amended to include updated plan references and that condition 10 (Sound Insulation internal transmission) also be amended.

Officers also advised that two further conditions be added, one to prevent the demolition of the existing extension to the rear of the building which houses the WCs until a phasing plan providing details of the timings for the construction of the replacement rear extension has been submitted and approved, and another condition to cover the provision of cycle and refuse storage.

Richard Paskauskas, owner of the next door property which had been converted to 8 serviced apartments, addressed the committee in objection to the application. He expressed concerns that the proposed new blocks would restrict light to his building but also result in limited light to proposed flats.

A copy of a letter from Smith Marston Ltd Right to Light, appointed by Mr Paskauskas in relation to concerns about loss of daylight and sunlight to his property by the proposed development, was circulated to Members at the meeting for information.

Philip Holmes of O’Neill Associates, the agents for the applicant then spoke in support of the application. He advised members that the proposals were sympathetic to the building, the separation distances were adequate, a noise impact assessment had been carried out and the proposals would have no significant additional adverse impact on light levels for surrounding properties.

Members commented that the Falcon Tap had been a positive introduction onto Micklegate. They felt  that the proposals would allow the applicant to retain economic use of the grade 2 listed building but expressed concern that that removal of beer garden may impact on the long term viability of the pub. One member expressed concern with the setting and appearance and felt that the impact on listed building would be too severe.

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

Amended Condition 2

The development hereby permitted shall be carried out in accordance with the following plans and other submitted details:-

Drawing No's;

001 Rev P01 (Location Plan)

104 Rev P09 (Proposed Site Plan with Context)

105 Rev P07 (Proposed Site Plan)

110 Rev P11 (Proposed Basement and Ground Floor)

114 Rev P04 (Proposed Basement and Ground Floor)

111 Rev P11 (Proposed First Floor)

112 Rev P10 (Proposed Second Floor)

115 Rev P03 (Proposed First and Second Floor)

113 Rev P10 (Proposed Third Floor)

116 Rev PO3 (Proposed Third Floor)

134 Rev P01 (Stair Section)

130 Rev P10 (Proposed Elevations 1 of 4)

131 Rev P07 (Proposed Elevations 2 of 4)

132 Rev P09 (Proposed Elevations 3 of 4)

133 Rev P08 (Proposed Elevations 4 of 4)

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

Amended Condition 10 (Sound Insulation internal transmission)

A detailed scheme of noise insulation measures to limit noise transference between the ground floor public house and the residential use above shall be submitted to and approved in writing by the Local Planning Authority. The scheme of noise insulation measures shall be prepared by a suitably qualified consultant/engineer and shall take into account the provisions of BS 8233:2014 "Sound Insulation and Noise Insulations for Buildings - Code of Practice". The approved scheme shall be implemented prior to the occupation of the upper floors of 94 Micklegate and shall be permanently retained thereafter.

Reason: In order to safeguard the amenities of future residential occupiers given the nature of the ground floor use.

Additional Condition

The existing extension to the rear of the building which houses the WCs, shall not be demolished until a phasing plan providing details of the timings for the construction of the replacement rear extension, which is to provide facilities for the public house, has been submitted to and approved in writing by the Local Planning Authority.  The works shall be carried out in accordance with the approved phasing plan.

Reason: To ensure the continued use of the ground floor of the building as a public house due to its significance as a heritage asset.

Additional Condition

Cycle and refuse storage shall be provided within the bin/cycle store hereby approved and shall thereafter be retained for this purpose.

Reason: In the interests of visual amenity and to promote the use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

Reason:     The proposed development would provide 11 new residential units in a sustainable and accessible city centre location. There would be some minor harm to designated heritage assets, i.e. the setting of 94 Micklegate and the Central Historic Core Conservation Area. Having attached considerable importance and weight to the desirability of avoiding such harm the local planning authority has concluded that it is outweighed by the application's public benefits of providing new residential accommodation, reinstating a use for the upper floors of 94 Micklegate and retaining historic use of the ground floor as a public house. In its massing, materials and general design, the new blocks have been designed to provide an improved frontage to Toft Green and are considered to preserve the setting of the listed building and the character and appearance of the conservation area taking into account views from street level and from the city walls. All other issues are satisfactorily addressed.

The application accords with national planning policy set out in the National Planning Policy Framework and with local planning policy.