Agenda item

Conversion of Drill Hall and upper floors of 28a Colliergate from retail to residential (Use class C3) creating 10no. townhouses and 2no. apartments, and associated alterations. [Guildhall Ward]

[Councillor Daubeney withdrew from the meeting at 16:35]

Members considered a Full Planning Permission application to detach the buildings from the remainder of the Barnitts’ store and for conversion into 12 dwellings, and a ground floor retail unit within 28a. A Listed Building Consent application was also considered which was for the works associated with

conversion of the Drill Hall and 28a into 12 dwellings and a separate retail unit, and separating these premises from the remainder of the Barnitts retail space on Colliergate.

The Development Manager gave a presentation on the application.  Members asked officers a number of questions to which they answered that:

·        There are 24 covered and secure cycle spaces reserved in the plan.

·        In terms of Listed Building Consent, the special interest in the Drill Hall was, in part, the previous use of the building.

·        The application was for C3 dwellings, short term, holiday lettings do not normally fit within this category.

·        Condition 11 could be amended to include the number of cycle spaces, that being 24.

·        The four townhouses within the fabric of the listed buildings were constrained by their listed status this is why the BREEAM only applies to the eight townhouses within the Drill Hall.

·        The construction costs were wide ranging and substantial and included the value of the buildings currently, the costs of development and the value of what the new buildings were worth.

·        It was confirmed that a proper assessment of the viability of the retail unit has been carried out.

Public Speakers

Paul Thompson spoke as the applicant in support of the application. He explained that he was the MD of Barnitts, he was the third generation of his family to run the store which has been trading in York for 125 years.  He further explained that since the application was deferred, they have waited 11 months for the independent viability report, during this time the retail environment has undergone significant changes.   As a result of modernising the operation, the amount of retail and storage space they currently have is no longer needed. A positive outcome would allow the business to reinvest in York city centre and enable the business to expand the click and collect service in James’ Street.  98% of deliveries would go to James Street, alleviating city centre traffic congestion.

In response to questions from committee members, Paul Thompson and his colleagues explained the following:

·        There was no parking on the site currently.

·        The architects had considered several improvements to achieve the BREEAM rating including, electric heating on green tariffs, new windows, insulation to properties, air tightness and improvements to the thermal performance of the building. Internal wall insulation has also been considered for the Drill Hall, balanced against the requirements of an old building.

·        Any tenancy agreements will be not less than six months.

·        The plans for the Drill Hall open up the space and have created more of a feel and sense of space than currently.

Phil Pinder spoke in support of the application on behalf of York Retail Forum. He explained that Barnitts was an essential retailer in the city, providing for the needs of local residents.  He went on to explain that the release of funds provided by the development would enable them to invest in the future. He added that downsizing would also have the added advantage of reducing the business rates payable.  The introduction of more housing stock further creates a local customer base for those existing businesses in the city centre.  He confirmed that the stand alone retail unit was the ideal size for an independent retailer.

In response to further questions from members, planning officers stated that they had considered the potential alternative uses for the Drill Hall and believed that other plans would not be forthcoming due to economic and location constraints. The future viability of the business was not considered as part of the planning balance.

After debate, it was moved by Cllr Orrell and seconded by Cllr Waudby to approve the application for both 4a and 4b.  Further debate ensued. On being put to the vote, the motion was carried and it was:

Resolved:  That the application be approved, subject to the    completion of a Section 106 Agreement and the conditions in the report and subject to the amendment to condition 11.  Condition 11 be amended to refer to the approved number of cycle parking spaces, that being 24.

Reasons:

                     i.        The scheme involves the re-use of buildings surplus to the requirements of the current owner. The restoration and proposed alternative uses accord with the social and economic objectives of the NPPF regarding housing supply, the economy, the vitality of town centres and making effective use of land. In respect of decision-making the NPPF requires planning to support (and give substantial weight in decision-making) the development of under-used buildings, especially when this would help meet identified needs for housing. The scheme retains commercial use at the ground floor facing King’s Square, within 28a, and appropriately makes more effective use of other underused parts of the site; the upper floors of 28a, the buildings behind and the Drill Hall.

                    ii.        It is considered that residential use is likely the only viable option to secure reuse and continued occupation of the relevant building(s). There is demonstrable local housing need. To facilitate re-use of the listed buildings, including ones which are in poor condition, and the associated social and economic benefits of the scheme would equate a public benefit that justifies the harm to the significance of the buildings. In making the planning balance, officer’s recommendation is that the benefits outweigh the identified harm, despite non-compliance with local affordable housing policy. Any residential re-use of the Drill Hall would lead to a degree of harm to the original layout. A scheme less harmful to that proposed would not be viable, given the amount of restoration work involved, and the amount and quality of accommodation provided. The loss of the staircase in 28a is necessary to enable the desired mix of uses in a functional and efficient way.

                  iii.        Other technical issues – amenity, sustainable design and transport can be addressed by conditions.

                  iv.        Independent valuation has concluded that the scheme cannot deliver an affordable housing contribution. However it acknowledges the uncertainty in this case, given the extent of construction work, the unique nature and location of the housing proposed and local housing supply and prices. The applicants have accepted a viability re-appraisal, if there is a delay in implementation of the scheme. This would ensure the value of the development remained relevant. It would be secured by the S106 legal agreement, triggered if development does not commence within 2 years of the date of approval.

[The meeting adjourned from 17:39 to 17:42]

[Cllr Daubney re-joined the meeting at 17:42]