Agenda item

105-111 Micklegate, 19/02750/FULM

This application seeks permission for the erection of a new 62 bed hotel (use class C1) with bar/restaurants on the ground floor (use classes A3 and A4) after demolition of existing buildings. [Micklegate]

Minutes:

Members considered a full application from Micklegate Developments Ltd. for the erection of a new 62 bed hotel (use class C1) with bar/restaurants on the ground floor (use classes A3 and A4) after demolition of existing buildings.  There had been various applications at the site relating to alterations to the existing buildings.  Application 19/00485/FULM, which had also included the neighbouring site 127 Micklegate, had been withdrawn in 2019 following comments from the City of York Council officers.

 

Officers gave a presentation based upon the slides at pages 57 - 80 of the Agenda and reported:

·        An additional representation had been received from a local resident in objection to the proposal on the grounds that the building had a dominating effect on the surrounding area; breaching the line between pastiche and architectural integrity.

·        Amendments to the following conditions listed in the officer report: 4,6,8,9, 10, 12, 13, 14, 15, 16, 18, 24, 25, 26,  as set out in the resolution below.

·        An additional drainage condition (no. 30).

 

Ms Pamela Chapman, a neighbouring resident, spoke in objection on the grounds that the scale and mass of the proposal was inappropriate for this part of Micklegate.  In addition, she expressed concern that one of the two existing buildings that would be demolished may date from the Georgian period.  The first-floor level in Minster Car Hire had retained the original building and contributed significantly to the historic development of this part of Micklegate.

 

Mr Neil Brown from Vincent and Brown Architects, acting as Agent for the applicant, spoke in support of the application.  Mr Chris Miele, from Montagu Evans Heritage and Design responded on questions relating specifically to heritage and design.

 

In response to questions from Members, officers confirmed that:

·        A grade 2* building is in between a grade 2 and grade 1 building, with grade 1 being the highest.

·        The hotel would provide 20 full time equivalent jobs.

 

The Council’s Design and Sustainability Manager provided guidance to Members on the prominent location of the proposal and the surrounding heritage assets.

 

After debate, Cllr Galvin moved, and Cllr Fisher seconded, that the application be approved, in accordance with the officer recommendation, along with the amended and additional conditions reported in the officer update and an amendment to condition 20 set out below: Cllrs: Cullwick, Fisher, Galvin, Orrell, Waudby and Hollyer all voted in favour of this motion.  Cllrs: Craghill, Crawshaw, Lomas, Melly and Webb voted against this motion.  It was therefore:

 

Resolved:            That the application be APPROVED, subject to the conditions listed in the report and the following amended / additional conditions:

 

Amended Condition 4

A foundation design and statement of working methods, which preserve at least 95% of the archaeological deposits, is required for this site.

 

A) No development shall commence until No groundworks untilfoundation design and statement of working methods (including a methodology for identifying and dealing with obstructions to piles and specification of a level in mAOD below which no destruction or disturbance shall be made submitted to archaeological deposits except for that caused by the boring or auguring of piles for the building foundation) which preserve 95% of the archaeological deposits on the site has been approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved foundation design and statement of working methods.

 

This condition is imposed in accordance with Section 16 of NPPF and City of York Historic Environment Policy D6 (2018 Draft Local Plan).

 

Reason:               The site lies within an Area of Archaeological Importance or the site is of Archaeological Interestwhich contains significant archaeological deposits. The development must be designed to preserve 95% ofthe archaeological deposits within the footprint of the building(s).

 

Amended Condition 6

All demolition and construction works and ancillary operations, including deliveries to and dispatch from the site shall be confined to the following hours:

 

Monday to Friday 0800 to 1800 hours

 

Saturday 0900 to 1300 hours

 

Not at all on Sundays and Bank Holidays

 

Reason:              To protect local amenity

 

Amended Condition 8

Development shall not commence (except demolition) until, an investigation and risk assessment (in addition to any assessment provided with the planning application) must be has been undertaken to assess the nature and extent of any land contamination. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced and submitted to the relevant Local Planning Authority. The written report is subject to the approval in writing of the Local Planning Authority for approval in writing prior to commencement of development. The report of the findings must include:

 

(i)           a survey of the extent, scale and nature of      

contamination (including ground gases where

appropriate);

 

(ii)     an assessment of the potential risks to:

 

- human health,

- property (existing or proposed) including buildings, crops, livestock, pets, woodland andservice lines and pipes,

- adjoining land,

- groundwaters and surface waters,

- ecological systems,

                   - archaeological sites and ancient monuments;

 

(iii)     an appraisal of remedial options, and proposal of the preferred option(s).

 

Amended Condition 9

Development shall not commence (except demolition) until a detailed remediation scheme to bring the site to a condition suitable for the intended use (by removing unacceptable risks to human health, buildings and other property and the natural and historical environment) must be prepared and is subject to the approval has been submitted to and approved in writing ofby the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

Amended Condition 10

Prior to first occupation or use, the approved remediation scheme as approved must be carried out in accordance with its terms and a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval in approved in writing of by the Local Planning Authority.

 

Amended Condition 14

No development shall take place until a detailed scheme of noise insulation measures for protecting the hotel accommodation above this proposed development from noise internally generated by the proposed A3 or A4 use has been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved scheme.

 

Amended Condition 15

No development shall take place until a detailed scheme of noise insulation for the building envelope of the commercial premises ( the bar/restaurant) within the site has been submitted to and approved in writing by the Local Planning Authority. This shall include measures for protecting the residential accommodation in the near vicinity outside of the premises from noise break out internally generated by the proposed A3/A4 use of the ground floor. Upon completion of the insulation scheme works the A3 use shall not commence until a noise report demonstrating compliance with the approved noise insulation scheme has been submitted to and approved in writing by the Local Planning Authority.

 

Amended Condition 20

The development hereby permitted shall achieve a reduction in carbon emissions of at least 28% compared to the target emission rate as required under Part L of the Building Regulations.

 

Prior to first use Post demolition and prior to the commencement of construction of build, details of the measures undertaken to secure compliance with this condition shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details.

 

Amended Condition 24

No works shall take place until large scale details (including samples if deemed necessary) of the following items have been submitted to and approved in writing by the local planning authority.

 

The development shall be carried out in accordance with the approved details.

Roof and roof plant equipment

verges,

soffit,

fascias,

spandrels,

rainwater goods,

windows & doors,

dormer window structure

oriel window structure

rails (to windows),

gate to front elevation,

render finish,

glass lightwells

hard landscaping to Micklegate frontage

internal window screens to the front elevation including their method of fixing

render finish,

glass lightwells

hard landscaping to Micklegate frontage

 

Additional Drainage Condition 30

The site shall be developed with separate systems of drainage for foul and surface water on and off site.

 

Reason:               So that the Local Planning Authority may be satisfied with the foul and surface water drainage arrangements.

 

Reason for Approval

 

The proposed redevelopment of the application site for a hotel and ground floor restaurant is considered to be acceptable in principle given the city centre use. The proposal is acknowledged to be in highly sensitive location with a number of designated heritage assets, including the city walls, Micklegate Bar in close proximity and also being within the conservation area. The proposal, while larger than the existing buildings is considered to preserve the character and appearance of the conservation area and the setting of the listed buildings and scheduled monuments. Furthermore, the proposed replacement will provide a sustainable car free development and meet the Council’s ambitious climate change targets set out in draft Policies CC1 and CC2. The proposal is considered to be a distinctive and positive design solution for the location and acceptable on amenity grounds.

 

Paragraph 11d) of the NPPF states where there are no relevant development plan policies, planning permission should be granted unless the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole. While it is acknowledged that the scheme is contentious due to its sensitive and prominent location and that Historic England and York Civic Trust have maintained their objections to the scheme, this assessment has concluded that the proposal does not harm the heritage assets. The proposed conditions would ensure the proposal is acceptable and the recommendation is approval.

 

 

[There was a short break from 6.20 pm until 6.30 pm, in order to register the public speakers].

 

Supporting documents:

 

Feedback
Back to the top of the page