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Agenda item

Land Lying to the North Of Kimberlow Lane Heslington, York, [20/00532/REMM]

This reserved matters application seeks permission for the erection of a children's nursery with associated vehicle drop off and landscaping following outline permission 20/01270/OUT for a new university campus. [Heslington Parish Council]


Members considered a reserved matters application from the University of York for the erection of a children's nursery with associated vehicle drop off and landscaping following outline permission 20/01270/OUT for a new university campus.


Officers gave a presentation based upon the slides at pages 81 -92 of the Agenda. There was no further update from officers. In response to clarification questions from members, officers noted the following:

-      That the traffic level limits were conditioned in the outline planning application.

-      That LTN 120 in respect of road/cycle safety was government guidance and not legislation.


The following panel of experts were available at the meeting, speaking on behalf of the University of York:

·        Planning: Janet O'Neill and Tim Ross from O'Neill Associates, Planning Consultants

·        University: Jon Greenwood (Director of Commercial Services)

·        Architect/ Sustainability: Cian Glashan (Seven Architecture)

·        Transport: Simon Pratt (WSP)


Key points arising from Members questions to the above panel included:

-      The new site would offer a much improved space and access to outdoor area for the current nursery that is currently on campus west.

-      Looked at 10 locations and this was the only site that usable for this purpose due to size, vehicle access and access to outdoor space.

-      That the university has an ecology plan for the whole site and would be happy to accept ecology enhancements via condition.

-      University have had much success with their travel plan and are happy to increase cycle parking as needed.

-      That the cycle parking provision is big enough to accommodate trailers and bigger cycles and would be happy to see this conditioned.


After debate, Cllr Crawshaw moved, and Cllr Webb seconded, that the application be approved, in accordance with the officer recommendation, with amendments to conditions 2 and 14 and an additional condition as set out below.  Cllrs: Crawshaw, Cullwick, Fisher, Galvin, Kilbane, Orrell, Perrett, Waudby, Webb and Hollyer all voted in favour of this motion.  Cllr Craghill voted against this motion and the motion was declared CARRIED.  It was therefore:


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


Amended Condition 2     

Within three months of the commencement of development a detailed landscape scheme shall be submitted to the Local Planning Authority for approval in writing. This shall include the species, stock size, density (spacing), and position of trees, shrubs and other plants; and seed mixes, sowing rates and mowing regimes. It will also include tree planting details including ground preparation, soil volumes, means of support, protection, and watering. The proposed tree planting shall be compatible with existing and proposed utilities. This scheme as approved shall be implemented within a period of six months of the practical completion of the development. Any trees or plants which within a period of five years from the substantial completion of the planting and 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 the Local Planning Authority agrees alternatives in writing.


Amended Condition 14


Prior to the development commencing details of the cycle parking areas, including space for trailers and including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.


Additional Condition 9

Protection of woodland and suitable fencing to protect badgers/hedgehogs during construction.  In accordance with the submitted ecology report’s recommendations for ecological enhancement.  Support would include bat / bird boxes, gapping up the hedgerow and a wildflower meadow area.


Reason:               In order to protect the woodland and ecology.


Reason for Approval


6.1 The application is for a new (replacement and enlarged) pre-school nursery and crèche in a new single storey building at The University of York’s Campus East. It is accepted that there are no other suitable sites for the nursery which would not compromise the University’s objectives nor the build out of the masterplan area. As all other factors; design, access, sustainability, suitable drainage etc are supportable, in the planning balance the harm identified to the parkland landscape is outweighed by the urgent need and lack of suitable alternative location. Planning law requires that applications are determined in accordance with the development plan, unless material considerations indicate otherwise. As York does not have an adopted development plan, those emerging policies which identify the site as open space carry limited weight. There are compelling reasons put forward by the applicant and as such, considering all issues in the planning balance, the application is recommended for approval.



Supporting documents:


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