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Agenda item

Axcel Group Limited, 36 - 44 Piccadilly, York YO1 9NX [19/02293/FULM]

Major Full Application for the erection of a 5 storey hotel with additional plant storey (168 Bedrooms) fronting onto Piccadilly, with ancillary restaurant, landscaping and retention of the Banana Warehouse facade.



[12:00 Cllr Daubeney re-joined the meeting and Cllr Rowley gave his apologies and left the meeting]


Members considered a major full application by Axcel Group Limited for Partial demolition of existing building and construction of 3 to 5 storey hotel with ancillary restaurant/bar, landscaping and

retention of the Banana Warehouse façade.


Officers gave a presentation based upon the slides at pages 153-173 of the agenda and provided an update, reporting:

·        the information submitted indicated that the building would achieve a rating 67.8% BREEAM (Very Good) score, this falls short of the 70% required to achieve the ‘Excellent’ rating. The building was designed to reach ‘Very Good’ and would be inhibited in trying to reach ‘Excellent’ due to the retention of the Banana Warehouse façade, the operational use proposed as a hotel, and that some credits would have to have been achieved prior to this current stage;

·        the scheme would however, achieve the minimum standards required for the ‘Excellent’ rating in the following categories: management, energy, water, materials, and waste;

·        that officers could review the decision to recommend against photovoltaics on the grounds of visual impact on the skyline;

·        a detailed design was being worked on for ‘greening’ Piccadilly Street by the Council;

·        amendments to the report were noted as:

Amendment to paragraph 1.4 of the report:  The hotel would provide 70 jobs: 40 full time and 30 part time positions.


that a revision be made to Condition 36 as on balance it is considered that the non-compliance with Policy CC2, does not significantly and demonstrably outweigh the benefits of the proposed development (as set out in the committee report). It is considered that the above recently submitted information would not alter the recommendation made by officers. The revised wording was proposed as follows:

The hotel building shall be constructed to a BREEAM standard of ‘Very Good'. A formal Post Construction assessment by a licensed BREEAM assessor shall be carried out and a copy of the certificate shall be submitted to the Local Planning Authority within 12 months of first use of the building (unless otherwise agreed).


Reason: In the interests of achieving a sustainable development in accordance with the requirements of the NPPF.


Condition 2 (Approved Plans) Replace plan reference BW-CDA-01-SW-DR-A-PL-0002 Rev P2 with BW-CDA-01-SW-DR-A-PL-0002 Rev P1.

Condition 26 (Flood Risk) The development shall be constructed and occupied in accordance with the  Flood Risk Assessment Re: 42344/4001 Revision A dated October 2019 by Peter Brett Associates (Including the Flood Warning and Evacuation Plan) and the subsequent Technical Note - Re: 42344 TN001 dated March 2020 by Stantec and the following mitigation measures it details:


(i) Finished floor levels shall be set no lower than 11.00 metres above Ordnance Datum (AOD),

(ii) Compensatory storage shall be provided in accordance with the details submitted within the Technical Note - Re: 42344 TN001 dated March 2020 and the Flood Storage Analysis Plan - Re: 42344/4001/002 Revision H dated 18th March 2020, and

(iii) Provision of a floodable void as shown on the Flood Flow Routes Plan - Re: 42344/4001/004 dated 18th March 2020


These mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the scheme's timing/ phasing arrangements. The measures detailed above shall be retained and maintained thereafter throughout the lifetime of the development.


Reason: To reduce the risk of flooding to the proposed development and future occupants and to prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided.


Condition 27 (Details of floodable void)  Alterations to part (ii)of the condition as follows:

(ii) Details of the proposed low level river bank wall which according to the Technical Note (Re: 42344 TN001 dated March 2020 by Stantec) will have gaps/slots in it to ensure the free access and egress of flood water.


In response to questions from Members, Officers confirmed that:

·        It would be unreasonable to condition a specific percentage for the BREEAM rating instead of one of its categories ‘Very Good’ or ‘Excellent’;

·        The proposal does not break the skyline of the city from the top of Clifford’s Tower and therefore in relation to other developments does not harm views of the skyline.




Angela Schembri the agent of the applicant addressed the Committee, and responded to Members’ questions along with the 4 additional experts and the applicant in attendance at the meeting. It was confirmed that:

·        The hotel would provide 70 jobs in the city alongside 200 jobs in the during the construction process;

·        The proposal would retain the historic Banana Warehouse frontage;

·        The application had targeted a ‘Very Good’ BREEAM rating as this was the requirement to be achieved when the scheme began. Achieving an ‘Excellent’ rating would be challenging due being unable to obtain certain credits at this stage of the project and the operational challenges presented to a hotel at achieving certain credits;

·        The applicant was still open to considering installing a heat pump;

·        Subject to architectural approval the applicant was open to installing charging points for electric bikes.


Members then debated the proposals, after which Cllr Fenton moved, and Cllr Pavlovic seconded, that the application be approved, subject to the conditions listed in the report, with the amendments to conditions identified in the officer update and the additional conditions discussed at the meeting. In accordance with the revised Standing Orders, a named vote was taken. Cllrs Cuthbertson, Daubeney, Douglas, Fenton, Fisher, Fitzpatick, Hollyer, Kilbane, Lomas, Pavlovic, Widdowson, and Cullwick all voted in favour of this proposal, and it was


Resolved: That the application be approved, subject to:


                      i.         Conditions 1-36 as set out in the report/updated by officers in the meeting.

                     ii.         Additional conditions:

(i)           That a scheme be submitted for approval in relation to photovoltaics or equivalent;

(ii)         That local jobs and apprenticeships be secured for the construction of the scheme.


The final wording of the conditions to be delegated to officers along with Chair and Vice Chair of the meeting.


Reason: to promote the creation of jobs in the city, as well as, the removal of derelict buildings while retaining the historic frontage of the Banana Warehouse.


[At 13:20, the meeting was adjourned to enable the registered public speakers for the next item to be brought in. It was re-convened at 13:44]


Supporting documents:


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