Agenda item

Part demolition of former school buildings and erection of two storey block and single storey extension for new library and associated uses, external works including car park, terrace, play areas and pedestrian and cycle access to adjacent school. Outline proposals for residential development. [Rawcliffe and Clifton Without]

Members considered a Major Outline Application at Clifton Without County Junior School, Rawcliffe Drive, York, for the part demolition of former school buildings and erection of two storey block and single storey extension for new library and associated uses, external works including car park, terrace, play areas and pedestrian and cycle access to adjacent school. Outline proposals for a residential development were also included within the application.

Cllr Crawshaw asked to formally record that he believed that Cllr D’Agorne, the Executive Member for Transport, should not take part in the decision-making process for the item. He felt this as Cllr D’Agorne’s partner was the Executive Member for Housing and Safer Neighbourhoods, and the application had been submitted by CYC.  In addition, council policy was to expand Explore libraries. This was noted by the Chair and entered into the minutes as a formal comment.

The Development Manager gave a presentation on the application and the Development Officer provided a further update to the report that covered the following amendments and new conditions:

Amended conditions

Delegated Authority to officers to amend Conditions 5, 16 – 19, 25, 26 to clarify the trigger points for the condition.

Condition 6 should be amended to read “prior to the commencement of the library phase of the development” with the reference to replacement of planting for a period of ten years from substantial completion of development deleted.

Condition 7 should be amended to read “All trees identified within the application site identified in the Rosetta Landscape Design Tree Survey Dated March 2022 as being Category A or Category B except the Japanese Cherry (Kanzan specimens) shall be retained as part and parcel of the finished layout.

Condition 12 should be amended to read “A strategy for Electric Vehicles (EVs) covering the site as a whole…..”

Condition 24 should be amended to read “parallel crossing for cycles and pedestrians….”

Condition 23 references to Rawcliffe Drive should be amended to read Rawcliffe Lane.

Condition 28 should be amended to read: “The development shall not begin until details of foul and surface water drainage works have been submitted to and approved in writing by the Local Planning Authority and carried out in accordance with these approved details.

Details shall include –

- Surface water discharge from the whole site via storage with a restricted discharge of 29 (twenty nine) litres per second. This includes 24 (twenty four) litres per second from the new library and 5 (five) litres per second from the new housing site…

- Evidence of existing positive drainage to public sewer, the points of connection and proposed outfall. “

New Conditions:

31     The library element of the development hereby authorised shall be begun by not later than the expiration of three years from the date of this permission.

Reason:  To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

32     Prior to the commencement of development a detailed management plan to secure the retention of the hedge bounding the site adjoining the Fairway outside of the approved pedestrian/cycle access to Vale of York Academy shall be submitted to and approved in writing by the Local Planning Authority. The management plan shall include measures to secure the hedge including appropriate fencing and measures for the replacement of any hedging which dies or is removed without the permission of the local planning authority.

No part of the hedge shall be removed unless permission is granted either by details approved under this condition or pursuant to the reserved matters for the routing of service runs or access points.

Reason: To safeguard a hedge of townscape importance and to secure compliance with Policy G14 of the 2018 Publication Draft Local Plan.

32     The drawing accompanying the “Layout” reserved matter application for the Housing phase shall include the full extent of the canopy and root protection area of any tree identified as being category A or B in the Rosetta Landscape Design Tree Survey Dated March 2022.

Reason: To safeguard a hedge of townscape importance and to secure compliance with Policy G14 of the 2018 Publication Draft Local Plan.

33     Prior to the housing phase of the development commencing details of the cycle parking areas for residential occupiers, including means of enclosure, shall be submitted to, and approved in writing by the Local Planning Authority. The submitted details shall follow the guidance in respect of cycle parking for residential dwellings outlined in the City of York Cycle Parking Guidance dated June 2016.The buildings 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.

Reason:  To promote use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

34     To manage and maintain the ecological value of the site a landscape and ecological management plan(s) (LEMP) shall be submitted to, and be approved in writing by, the local planning authority prior to the commencement of the development.

The content of the LEMP shall include the following:

a) Description and evaluation of features to be managed.

b) Ecological trends and constraints on site that might influence management.

c) Aims and objectives of management.

d) Appropriate management options for achieving aims and objectives.

e) Prescriptions for management actions.

f) Preparation of a work schedule (including an annual work plan capable

of being rolled forward over a five-year period).

g) Details of the body or organisation responsible for implementation of the plan.

h) Ongoing monitoring and remedial measures.

The LEMP shall also include details of the legal and funding mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed, and implemented so that the development still delivers the fully functioning biodiversity objectives of the originally approved scheme.

Reason: To ensure wildlife mitigation, compensation and enhancements measure are managed and maintained appropriately.

Public Speakers

Andy Dearden, a local resident, spoke in objection to the application.  He highlighted residents’ concerns regarding the loss of the hedge and requested that a condition was included to protect the hedge and manage access from the Fairway.

Caroline Dearden submitted a written statement in objection, which the Chair read out in full. She stated that the hedge is species rich and part of a continuous wildlife corridor from Clifton Ings to Clifton Backies which is regularly used by hedgehogs.

Helen Sweeting, a local resident, spoke in objection to the plans although she welcomed the new library/community hub.  She highlighted the existing natural environment currently enjoyed by the community but also identified the need for supported housing as well as accommodation for the elderly.

Anne Leonard, a local resident, suggested the housing scheme should develop purpose-built housing for older people, to free up housing for younger people and support adult social care services. She identified benefits of developing links with the Vale of York Academy, to integrate older people within the community and reduce isolation.

Richard Ginn, a local resident, spoke in support of the application but he believed that there were some inaccuracies in the report concerning the biodiversity of the hedgerow.  He raised concerns regarding traffic flows and suggested vehicle access off Rawcliffe was preferable than Fairway.  In response to questions from Members he highlighted the importance of retaining existing green space.

Sarah Garbacz, Chief Operating Officer, York Explore, spoke in support of the application, highlighting the planned work within communities developing digital access and working with partner organisations.  In response to questions from Members, she explained that users were expected to come from across the city hence the need for on-site car parking.  She confirmed that access to the library would be secured, this would allow access to the housing development.

Tom Stoneham, Treasurer of the Snappy Trust, spoke in support of the application and explained the Trust’s role in the development process as a partner organisation to York Explore.

Project officers from City of York Council (CYC), Andy Laslett and Mark Wilson and the project architect, Alan Thomas were in attendance to respond to questions.  They explained that the housing application was for outline permission only and a commitment to retain the majority of the hedge had been agreed by the Executive.  The development of the library required the capital receipt from the housing project, for which there were no specific plans.

Officers responded to further questions from Members and confirmed the following:

·        All matters were reserved on the outline planning permission for the housing development.  It was not possible to stipulate the use of the site beyond its use for housing.

·        It was not possible to have a section 106 agreement as CYC are the applicant but a scheme for education, offsite play, and affordable housing as per the draft Local Plan could be conditioned via a Grampian condition.

·        Access to the school site could be conditioned for school times only, if required.

·        All category A and B trees were to be retained.

Following debate, the Chair moved the officer recommendation, subject to the amended and additional conditions contained in the update, and further additional conditions in consultation with the Chair and Vice-Chair on affordable housing; education; open space/sport/play and hours of use of the school gate.  Condition 32 would be amended to encourage vehicle access to housing site from Rawcliffe Drive, not to preclude access from Fairway.  The exact wording to be delegated to the Chair and Vice-Chair. The motion was seconded by Cllr Fisher. 

A vote was taken and with seven votes in favour and one vote, from Cllr D’Agorne, against the motion it was therefore;

Resolved:           

                                                     i.        That the application be approved subject to the additional conditions contained in the update.

                                                    ii.        The wording of additional conditions, as outlined above, agreed in consultation with the Chair and Vice-Chair.

Reason:               The former Clifton Without CJ School site Rawcliffe Drive comprises a medium sized brick-built structure set within a large site last used as a school in Page 68 Application Reference Number: 22/00685/OUTM Item No: 4b 2011. Outline planning permission is sought for partial demolition of the building and construction of a replacement Clifton ‘Explore’ (Library) with all detailed matters within this application and the remainder of the site to the south adjoining The Fairway for residential development. It is felt that the replacement library subject to appropriate conditions restricting on-street parking and surface water drainage together with biodiversity enhancements would be acceptable in planning terms and approval is recommended. In terms of the proposed residential development at the southern edge of the site, the land includes a mature boundary hedge adjoining the Fairway with a grouping of trees of significant townscape importance to the rear. Residential development of this land in principle accords with policy. All matters are reserved. As such, consideration of details of access, appearance, layout and scale will be subject to reserved matters applications. A condition is proposed requiring retention of category A and B trees as part of this scheme.

[6.30 pm – 6.36 pm, meeting adjourned]