Agenda item

Erection of a 4-5 storey student accommodation building consisting of 98 bed spaces with car parking spaces, access, landscaping and associated works [Guildhall Ward] [Site Visit]

[Note: Councillor Cullwick withdrew from the meeting during consideration of this item and took no part in the debate or decision thereon.]

Members considered a major full application from Maple Grove Developments for the erection of a 4-5 storey student accommodation building consisting of 98 bed spaces with car parking spaces, access, landscaping and associated works. 

Officers asked Members to consider the application based on a number of updated conditions which were minor changes to the wording of existing conditions only. Members were advised that the additional information had been assessed and the planning balance and the recommendation remained unchanged from the published report. It was confirmed that the car parking spaces were for the use of York Motorfactors.

Richard Frudd (Agent for the Applicant) spoke in support of the application. He noted that there had been good positive engagement with officers and there had been no objections to the application.

Mr Frudd was asked and confirmed that:

·        The accommodation was linked to other student accommodation schemes

·        The units would be operated by IQ student accommodation, who also ran the student accommodation next to the site.

·        The accommodation would be purely student accommodation.

Members debated the application. During debate officers were asked and advised that unauthorised advertising would be subject to enforcement action. It was also confirmed that a travel plan could be conditioned.

Resolved:  That the application be approved subject to the conditions and informatives listed in the report, amended conditions 2, 3, 10, 12 and 13 and two additional conditions below:

Condition 2: Plans

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

Drawings 2015-037 -

Location Plan 101

Site Plan 102D

Floor plans / roof plan - 200D, 201D, 202E, 203D

Elevations - 210D, 211D

Sections - 103C, 214D

Site levels - 802H

Landscape layout - 901F   

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

Condition 3         : CEMP

Prior to commencement of the development, a Construction Environmental Management Plan (CEMP) for minimising the creation of noise, vibration and dust during the demolition, site preparation and construction phases of the development shall be submitted to and approved in writing by the Local Planning Authority.

All works on site shall be undertaken in accordance with the approved scheme, unless otherwise agreed in writing by the Local Planning Authority.

For noise details are required on the types of machinery to be used, including consideration of use of quieter/silenced machinery, use of acoustic barriers, prefabrication off site etc. Where particularly noisy activities are expected to take place then details should be provided on mitigation i.e. by limiting especially noisy events and their duration. Details of any monitoring may also be required, in certain situation, including the location of positions, recording of results and identification of mitigation measures required.

For vibration details are required on any activities which may results in excessive vibration, e.g. piling, and how the risk of vibration can be mitigated, including details of monitoring to be carried out. Where monitoring is necessary, locations of monitoring positions should also be provided along with details of standards used for determining the acceptability of any vibration undertaken.

With respect to dust mitigation, measures shall include, but would not be restricted to, means of keeping the highway clean, such as on site wheel washing, restrictions on use of unmade roads, agreement on the routes to be used by construction traffic, restriction of stockpile size (also covering or spraying them to reduce possible dust), targeting sweeping of roads, minimisation of evaporative emissions and prompt clean up of liquid spills, prohibition of intentional on-site fires and avoidance of accidental ones, control of construction equipment emissions and proactive monitoring of dust. 

Further information on suitable measures can be found in the dust guidance note produced by the Institute of Air Quality Management, see http://iaqm.co.uk/guidance/.  The CEMP must include a site specific risk assessment of dust impacts in line with the IAQM guidance note and include mitigation commensurate with the scale of the risks identified.

For lighting details should be provided on artificial lighting to be provided on site, along with details of measures which will be used to minimise impact, such as restrictions in hours of operation, location and angling of lighting.

The CEMP shall provide a complaints procedure, so that in the event of any complaint from a member of the public about noise, dust, vibration or lighting the site manager has a clear understanding of how to respond to complaints received. The procedure should detail how a contact number will be advertised to the public, what will happen once a complaint had been received (i.e. investigation), any monitoring to be carried out, how they intend to update the complainant, and what will happen in the event that the complaint is not resolved. Written records of any complaints received and actions taken should be kept and details forwarded to the Local Authority every month during construction works by email to the following addresses public.protection@york.gov.uk and planning.enforcement@york.gov.uk

Reason:     The condition is required prior to commencement, considering NPPF paragraph 55, to manage and mitigate the impact of the construction phase of development.

Condition: 10 Noise

Prior to construction of the building envelope a detailed scheme of noise insulation measures for protecting the approved residential areas from externally generated noise shall be submitted to and approved in writing by the Local Planning Authority.  The scheme shall be implemented in accordance with the approved details prior to first occupation.

INFORMATIVE: The building envelope of all residential accommodation shall be constructed so as to achieve internal noise levels in habitable rooms of no greater than 35 dB LAeq (16 hour) during the day (07:00-23:00 hrs) and 30 dB LAeq (8 hour) and LAFMax level during the night (23:00-07:00 hours) should not exceed 45dB(A) on more than 10 occasions in any night time period in bedrooms and should not regularly exceed 55dB(A). These noise levels shall be observed with adequate means of ventilation provided.

Reason:     To ensure a satisfactory standard of residential amenity for future occupants. Such works are required prior to construction work as any such insulation will be integral to the structure of the building.

Condition 12 - Landscaping

The approved landscaping scheme (as shown on drawing 2015-037/901D) shall be implemented within a period of six months of the completion of the development and shall be for the lifetime of the scheme.  Any trees or plants which within a period of five years from the completion 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 alternatives are agreed in writing by the Local Planning Authority.

Reason:     So that the Local Planning Authority may be satisfied with the variety, suitability and disposition of species within the site in the interests of the character and appearance of the area.

Condition 13: Cycle Parking

The cycle parking facilities as shown on the approved plans shall be provided prior to first use of the development hereby approved and retained for its intended use at all times, unless otherwise agreed in writing by the Local Planning Authority.

Reason:     To ensure adequate space for, and to encourage, cycle use, in accordance with the National Planning Policy Framework.

Additional Condition 1

A travel plan, developed and implemented in accordance with NationalPlanning Policy Guidance, shall be prepared for the development hereby
permitted prior to first opening. The plan shall be updated annually thereafter.
The development shall operate in accordance with the aims, measures andoutcomes of said Travel Plan.

The travel plan shall identify specific required outcomes, targets and measuresfor promoting sustainable modes of travel, and shall set out clear futuremonitoring and management arrangements all of which should beproportionate. It shall also consider what additional measures may be required
to offset unacceptable impacts if the targets should not be met.

Additional Condition 2

The vehicle parking within the application site shall be occupied only by theadjacent business (York Motor Factors, as stated in the submitted planning
statement) unless alternative arrangements have otherwise been approved inwriting by the Local Planning Authority.

Reason:     There is adequate justification to allow the loss of employment land in this case.  The proposed development will add to recent and anticipated future regeneration of the Layerthorpe area, be of appropriate design and would make a positive contribution towards meeting demonstrable student housing need.  The use of conditions can ensure adequate levels of residential amenity and no increase in flood risk.  Overall the scheme accords with the principles of sustainable development (economic, social and environmental) and does not unduly conflict with any local policies.