Agenda item

Revisions of design of approved refurbishment of auditorium comprising redesign of glazed curtain wall on frontage, revised enclosure of box office and enclosure of roof garden (Fishergate Ward)

Members considered a full application, submitted by Absolute Leisure, for revisions of design of approved refurbishment of auditorium including redesign of glazed curtain wall on frontage, revised enclosure of box office and enclosure of roof garden.

Officers updated that if Members were minded to approve the application they would recommend an additional condition regarding new brick work for external surfaces, an amended condition regarding use of roof garden, amendment to a previously agreed condition regarding the details to be approved, amendment to condition 5 to add reference to a canopy, an amendment to condition 6, and the reference to phasing be deleted from conditions 5, 6 & 10.

Officers also updated that one further letter of objection had been received regarding increased capacity and raising issues regarding noise and disturbance, and raising comments regarding the glazed frontage towards the city walls.

Representations were received from Ernest Dickinson, representing “Save our Barbican” (SOB). He referred to an artists impression of what the centre would look like, and distributed this and a plan to Members at the meeting. He stated that the glasswork would have a garish effect, and would be an obscenity being so close to the City Walls. He stated that the development should be in-keeping with the environment and raised issues regarding light pollution. He also raised issues regarding the capacity of the building and fire evacuation issues. 

Representations were received from Mr Tony Knox for the applicant. He stated that the application was for minor alterations, and the proposals would not increase the square footage of the proposals.

Members discussed issues relating to the smoking ban due to come into force in the near future, and smoking areas. With regard to capacity issues, this would be a licensing and fire authority issue. With regard to light pollution, the applicant updated that any lighting used would be dark sky compliant, and officers updated that if Members were minded to approve the application a condition could be added regarding the lighting being dark sky compliant.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and subject to the following amended/additional conditions and informative:

Additional condition:

Use of the areas marked 'outside seating area. No roof' on plan drawing no. 2087-02-005 Rev L (proposed first floor) or any future outside roof gardens that form part of the Barbican development shall be confined to the following hours of operation :                    

Monday to Sunday                09.00 to 22.00.

Reason: To protect the amenity of future and adjacent residents.

Additional informative:

You are advised that prior to starting on site consent will be required from the Highway Authority for the works being proposed, under the Highways Act 1980 (unless alternatively specified under the legislation or Regulations listed below).  For further information please contact the officer named:

Works in the highway - Section 171/Vehicle Crossing - Section 184 - Stuart Partington (01904) 551361

Cafe Licence   - Section 115  - Miss T Santana  (01904) 551367

 3. The developer's attention should also be drawn to the various requirements for the control of noise on construction sites laid down in the Control of Pollution Act 1974.  In order to ensure that residents are not adversely affected by air pollution and noise, the following guidance should be attached to any planning approval:

a)      The work shall be carried out in such a manner so as to comply with the general recommendations of British Standards BS 5228: Part 1: 1997, a code of practice for "Noise and Vibration Control on Construction and Open Sites" and in particular Section 10 of Part 1 of the code entitled "Control of noise and vibration".

b)         All plant and machinery to be operated, sited and maintained in order to minimise disturbance.  All items of machinery powered by internal combustion engines must be properly silenced and/or fitted with effective and well-maintained mufflers in accordance with manufacturers instructions.

c)         The best practicable means, as defined by Section 72 of the Control of Pollution Act 1974, shall be employed at all times, in order to minimise noise emissions.

d)         All reasonable measures shall be employed in order to control and minimise dust emissions, including sheeting of vehicles and use of water for dust suppression.

e)         Any asbestos containing materials shall be removed by licensed contractors to a licensed disposal site.

Amended conditions:

3               Notwithstanding any proposed materials specified on the approved drawings or in the application form submitted with the application, samples of all the external materials to be used, including samples of any new or replacement brickwork shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.  The development shall be carried out using the approved materials.

Reason:  So as to achieve a visually cohesive appearance and in the interests of good design.

5               Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of construction work and the works shall be carried out in accordance with the approved details.

- doors, glazing details, glazing and curtain walling joints, canopy, including materials, details of mechanism and  method of attachment to the main building and external paving.

Reason:  So that the Local Planning Authority may be satisfied with these details.

6             Prior to the use of the building commencing details of any scheme of illumination of all external areas within the site, all external lighting details and all internal lighting within the front glazed extension and the rotunda shall be submitted to and approved in writing by the Local Planning Authority and those details shall subsequently be implemented on site within 2 months of the date of this permission.

Reason. To protect against unacceptable levels of light pollution in the area.

7               Details of any means of enclosure within the site boundaries shall be submitted to and approved in writing by the Local Planning Authority before construction work on any of the buildings hereby permitted commences and shall be provided before that phase of the development is occupied.

Reason:  In the interests of the visual amenities of the area.

10               Before the commencement of and during building operations associated with the development, adequate measures shall be taken to protect the existing planting on this site.  This means of protection shall be agreed in writing with the Local Planning Authority and shall be implemented prior to the stacking of materials, the erection of site huts or the commencement of building works on the development hereby approved.

Reason:  The existing planting is considered to make a significant contribution to the amenities of this area.

REASON:                  The proposal, subject to the conditions listed above and in the report , would not cause undue harm to interests of acknowledged importance, with particular reference to residential amenity, effect on highway and pedestrian safety and convenience, setting of the adjacent City Walls and Conservation Area and archaeology on the site. . As such the proposal complies with Policies E4, E5 and I13  of  the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies GP1, GP3, GP4a, GP11, HE2, HE10, L1, and  V1of the City of York Local Plan Deposit Draft incorporating the 4th set of changes approved April 2005.