Agenda item

Conversion of former nursery to form 4 holiday lets comprising 2 x 1 bedroom, 1 x 2 bedroom apartment and 1 studio apartment, with dormer window to rear and associated works. [Micklegate]

Members confirmed that in the event that the Chair was unable to

Chair this item (such as a technical problem), Cllr Webb would

act as Vice-Chair in the Chair.  It had been necessary to confirm

this position as the Vice-Chair, Cllr Crawshaw, would be leaving

the meeting having declared a prejudicial interest in this

application.

Cllr Crawshaw left the meeting having declared a prejudicial

interest in this item.

Members considered a full application from Planusual Projects Ltd

For the conversion of a former nursery to form 4 holiday lets comprising 2 x 1 bedroom, 1 x 2 bedroom apartment and 1 studio apartment, with dormer window to rear and associated works.

Officers gave a presentation based upon the slides at pages 57 - 64 of the Agenda and provided an update which had been circulated via email prior to the meeting, reporting that;

·        nine further objections had been received since the publication of the committee report.  Officers confirmed that the additional information had been assessed and the planning balance and the recommendation remained unchanged from that in the published report. 

·        A correction at paragraph 5.8 of the officers report which should now state that all the majority of the attending children were relocated within 1.5 miles a mile of this provision.

Mr Harkirit Singh Boparai, Venue Manager at the Crescent Working Men’s Club, spoke in objection on the grounds that those using the proposed holiday lets could potentially make complaints regarding noise levels at the Crescent, which could pose a threat to the late night club show events for which they apply for a Temporary Events Notice.  Were the application to be approved, he requested that it be subject to a ‘deed of easement’ agreement between the Crescent and the developers.

Mr Chris Sherrington, on behalf of York Music Venue Network, and in his capacity as a Regional Co-ordinator for the Music Venue Trust, spoke in objection to the application echoing the points raised by the previous speaker.  He considered that making use of a deed of easement, would ensure a long term future for both properties by providing protection against any future noise issues irrespective of the ownership or uses for the property.

Mr Lee Vincent of Vincent & Brown, Agent for applicant stated that the applicant had prepared a statement for the Early Years’ Service of the Local Authority who agreed that the building was not suitable for use as a nursery.  The applicant had committed to extensive noise mitigation measures, far exceeding other residential properties in the vicinity and considered that this proposal could co-exist with the next door music venue.  The applicant would agree to a deed of easement to protect the club and prevent noise complaints from those using their holiday let.

Cllr Kilbane, Ward Member for Micklegate, spoke in objection on the grounds that there was a shortage of nursery provision in this ward.  The closure of the nursery had meant that service users were dispersed across the ward necessitating a car journey to access provision.  He urged members to refuse the application on the grounds that it was contrary to policy HW4 of the Local Plan in place to protect nurseries from closure.  He considered that there was no evidence that the nursery was not viable.  If the application were to be approved it should be with a proviso for a S106 agreement from the developer towards childcare provision.

Cllr Kallum Taylor, Ward Member for Holgate, spoke in objection to the application urging Members not to approve the application until a deed of easement had been put in place to protect the Crescent, in line with the Full Council October 2019 motion, unanimously supported by Members to support and protect community music venues such as this, particularly in instances where development brings these venues into conflict with their neighbours.

In response to questions from Members, officers confirmed that:

·        The council’s childcare team had no objection to this scheme, it would be unlikely that a childcare provider would find the build suitable for starting up a childcare provision given that there were concerns regarding the single entrance and exit point to the building.

·        The council’s Environmental Officer would undertake checks to ensure that the applicant had achieved the conditioned noise and sound insulation standard required.

·        If the applicant wanted to apply for change of use for the property this would be subject to the usual call in process.

·        A deed of easement is a private agreement between the Crescent music venue and the applicant.

After debate, Cllr Webb moved, and Cllr Orrell seconded, that the application be refused, overturning the officer recommendation,  on the grounds that the proposed scheme would result in: an unacceptable loss of a children’s day nursery provision without justification, contrary to policy HW4 of the Local Plan; an unacceptable impact on the operation and viability of the adjacent music venue contrary to paragraph 182 (“agent of change”) of the NPPF which contravenes the Full Council October 2019 motion, unanimously supported by Members to protect community music venues; a failure to protect those using the proposed holiday lets who may be unaware that they would be booking to stay next door to a music venue playing music until 3am.

Cllrs: Craghill, Melly Orrell, Perrett, Waudby and Webb all voted in favour of this motion.  Cllrs: Cullwick, Fisher, Galvin and Hollyer voted against this motion and the motion was declared CARRIED.  It was therefore:

Resolved:            That the application be REFUSED.

Reason:              The proposed scheme would result in: an

unacceptable loss of a children’s day nursery provision without justification, contrary to policy HW4 of the Local Plan; an unacceptable impact on the operation and viability of the adjacent music venue contrary to paragraph 182 (“agent of change”) of the NPPF which contravenes the Full Council October 2019 motion, unanimously supported by Members to protect community music venues; a failure to protect those using the proposed holiday lets who may be unaware that they would be booking to stay next door to a music venue playing music until 3am.