Agenda item

Landscaping works including provision of seating and stepping stones [Guildhall Ward]

Members considered a full application from Alexander McCallion for Landscaping works including provision of seating and stepping stones at College Green, Minster Yard, York.

The Head of Planning and Development Services gave a presentation outlining the proposed landscaping and pathways. Members were updated on the application and it was reported that there had been additional representations, comments and consultation responses from York Civic Trust and the council Tree and Landscape Officer, who had suggested an additional condition. It was clarified that conditions included within the published report would achieve the same objectives as those which have been recommended in the consultation comments from the Tree and Landscape Officer and as such it was not considered necessary to amend the conditions set out in the published report. Members were then given clarification on paragraph 5.33 of the report.

In response to Member questions, officers confirmed that:

·        Condition 5 (landscaping) could be amended for the lifetime of the development.

·        The four trees that were to be retained.

·        The benches proposed along the existing boundary wall would be conditioned through the approved plans.

·        The view of College Green from the north west was demonstrated.

Public Speakers

Roger Pierce spoke in support of the objection to the application. He noted that it was a small unspoilt area providing a foreground to the key stones of the Minster. He highlighted the issue of trees and comments of the Tree and Landscape Officer. He noted that the use of the stone seats was rigid and distracted from the scene and he suggested the reuse of stones from the Minster. He requested that the Committee defer the application and that they visit the site to see which tress were proposed for removal. This was supported by a Member who suggested a site visit with the attendance of the Tree and Landscape Officer. The Head of Planning and Development Services advised that there had been a virtual site visit two days before the meeting and the features were pointed out on the visit.

Alexander McCallion (Director of Works & Precinct at York Minster – Applicant) and Andrew Lowson (Executive Director York BID) spoke in support of the application. Alexander McCallion stated that there was a focus on wellbeing and access to open spaces and providing a family friendly space. He noted that College Green would become a high quality space for people to use and engage in. Andrew Lowson noted that York BID had a business plan to work with partners to create more green spaces. He added that they had received positive feedback from businesses and residents on the pop up green spaces across the city centre over the last two years. They were then asked and answered Members questions as follows:

·        Regarding the seating along the path they had consulted with York Disability Rights Forum. The seating was a mixture of stone and benches with arm rests with spaces for wheelchairs along the seating.

·        Regarding whether the shape of the seating would cause difficulty for the use of the space for pop up events, the shape of the seating had been taken from the apex of the east window. There was still a considerable amount of space for pop up events. There was also a cost for pop up events.

·        With regard to consideration of moving the seating, this had been looked at extensively during the pre-application process. There was the space to move through the seating.

·        Concerning the management of the stepping stones, there was four full time gardeners and more would be employed.

·        Inspiration was taken from the Museum Gardens for the green space and there would still be access for the Mystery Plays.

·        Regarding the loss of trees, they had listened to the comments of the Tree and Landscape Officer and were acting on the advice of their arboriculturalist in removing trees that were at the end of their lives and were at risk of failure.

During debate Cllr Looker moved approved approval of the application. This was seconded by Cllr Fenton.

The Head of Planning and Development Services noted that they could ask for an informative on the seating scheme to be approved by officers in consultation with the Chair and Vice Chair. A Member expressed concern that the comments of the Tree and Landscape Officer had not been considered and the Head of Planning and Development Services clarified that the landscape condition in the report and the one suggested by the Tree and Landscape Officer were technically the same. She noted that condition 5 could be amended for the lifetime of the development and the informative on the seating scheme and she clarified that the conditions would not cover saving the trees that would be lost.

Cllr Looker withdrew her motion to approve. Cllr Fenton moved approval with the substitution of condition 5 for condition 2 and an additional condition regarding seating through an approved scheme. This was seconded by Cllr Ayre. Seven Members voted in favour and two voted against. It was therefore:

Resolved: That the application be approved subject to the conditions listed in the report and the substitution of condition 5 for condition 2 and an additional condition regarding seating through an approved scheme.

Reason:

     i.        As outlined the proposals will result in the re-ordering and renewal of an existing outdoor space which has become a popular and well used space within the city centre in recent times. The proposals would introduce a greater degree of visual interest into the space through the introduction of the new stone seating and stepping stone features. The result would be an enhanced space which provides more public seating. The proposals would result in the removal of some of the existing trees from the site. However the proposals would not give rise to an overall net loss of trees on the site and those trees which are to be removed are showing signs of damage and/or poor health which means they will likely need to be removed in the future. Having regard to the statutory duties under sections 66 and 72 of the LBCA Act, the proposals are also not considered to give rise to issues of being harmful to the character, setting, visual amenity and historic fabric of the Conservation Area or nearby Listed Buildings. The proposals actually present a degree of opportunity to introduce a more permanent solution within the space replacing the temporary ‘pop-up’ installations which have been seen more recently.

   ii.        The proposals are therefore considered to accord with polices D1, 2, 4, and 6 of the Draft Local Plan 2018 and the provisions of the NPPF. The proposals would also accord with policies A2, A4, B1, C1, D1, E1 and PA1 of the Draft Minster Neighbourhood Plan. It is therefore recommended that planning permission be granted subject to the conditions set below; including an approved plans condition for the avoidance of doubt as to what has been granted.