Agenda item

Erection of new building comprising of ground floor music venue (sui generis) and offices (use class E) including external terrace and landscaping to rear at first floor level following demolition of existing buildings at 3-5 Toft Green. [Micklegate Ward]

Members heard an application for the erection of a new building comprising of ground floor music venue (sui generis) and offices (use class E) at 3 Toft Green, York.

Cllr Crawshaw noted his objection to the original application which would have resulted in the loss of the music venue.  Since the plans had changed, and the music venue was to be retained, he stated that having consulted with legal services and the Monitoring Officer, his previous objection was no longer relevant or material to the application for the revised scheme.

The Development Manager gave a presentation on the application and the Development Officer gave an update to the report as follows:

Amendment to report

Paragraph 5.33 should read “Subject to any permission being appropriately conditioned the development would not be precluded on archaeological grounds, following on from the results of the submitted evaluation”.

The City Archaeologist, following on from receipt of the pre-determination evaluation, indicates that the location of piling will need prior investigation. A raft foundation would be preferred otherwise a light foundation solution with as few pile locations as possible with the thickness of slab and beams also as narrow as possible. Provision of attenuation for surface water and a lift shaft may result in some disturbance to Roman levels which would be covered in the suggested conditions.

Additional consultation response

Public Protection recommend a post completion verification report which would establish the effectiveness of the proposed noise mitigation measures and indicate any remedial works which could be secured by condition.

Additional Representation

The York Civic Society wish to withdraw their earlier objection on the basis of the reduction in scale of the scheme and the re-creation with the proposed roof garden of a setting to Micklegate House on the Micklegate street frontage. It is felt that the scheme could be improved by a hard landscaping scheme on the street frontage.

Amended Conditions:

Condition 2 should be amended to include the following plans:

17049_130_P4; 170_134_P4;  and 1704_110_P4

Condition 29 to read:

The building(s) shall not be demolished other than as required to give effect to the archaeological works required in Condition 24  before a legally binding contract for the carrying out of the works of redevelopment of the site is made and evidence of the contract has been submitted to and approved in writing by the Local Planning Authority, or in the absence of such a contract an alternative confirmation of commencement of the development has been submitted to and approved in writing by the Local Planning Authority.

Reason:  To ensure that the premature demolition of the buildings does not take place to the detriment of the character and appearance of the Conservation Area.

Condition 30 to read:

The development shall not be occupied until the waste stores have been completed in accordance with the approved drawings. The stores shall be retained only for the storage of waste and recycling and no waste shall be stored other than within the storage areas unless reasonably waiting for collection. No glass bottles shall be placed for collection between 23.00 and 07.00.

Reason: To ensure that waste materials arising from the site are properly stored and made available for collection in the interests of the amenities of the area.

Additional conditions –

Verification of noise insulation measures

Prior to first use of the music venue, the approved noise mitigation measures under condition 15 shall be undertaken in accordance with the details submitted and a verification report that demonstrates the effectiveness of the measures carried out must be produced and is subject to the approval in writing of the Local Planning Authority.

Reason: To safeguard the amenity of neighbouring properties and to secure compliance with paragraph 130f) of the NPPF and to secure compliance with.

Officers confirmed that at paragraph 5.26 the date should read 2020, not 2017 and condition 23 should read 18m.

Public Speakers

Ravi Majithia, a representative for the Hampton by Hilton hotel operator, Avantis, spoke in objection to the application.  He raised concerns regarding the appropriate nature of the site for a music venue, the planned noise mitigation measures and the impact of antisocial behaviour on the venue’s close neighbours.

Following questions from members he further explained his concerns relating to noise.

Juliette Spencer, a representative from Portland Fuels, 1 Toft Green, spoke in objection to the application.  She requested more detailed plans and a Construction Environment Management Plan (CEMP).  She also noted that there had been no communication from the applicant or agent with regard to the application.

In response to questions from Members, she emphasised her lack of confidence in the conditions due to the lack of communication from the applicant.

Cllr Peter Kilbane, Ward Councillor for Micklegate, spoke in support of the application.  He highlighted the importance of live music venues as significant cultural spaces that brought creativity and energy to an area.  He welcomed the application and urged approval.

Philip Holmes from O’ Neill Associates, the agent for the application, spoke in support of the application.  He outlined the plans and introduced representatives from the music venue operator who outlined the expected operation of the venue and the noise mitigation measures that would be in place.

In response to questions from Members, the agent and his team confirmed that noise insulation would be addressed through the design and construction of the purpose-built music venue.  In the experience of the venue operators, e tickets had dispensed with the problems associated with a build-up of queues.  The building was in keeping and scale with other buildings on Toft Green and within the curtilage of the Micklegate property. The agents confirmed their willingness to work with the neighbours when drawing up the CEMP.

Officers responded to further questions from Members and explained that once planning permission was granted, the Local Authority does not have the power to enforce alterations to the development in response to archaeological finds, however, the conditions that required further archaeological surveys and specified foundation design were designed to protect any archaeological findings from unavoidable harm through negotiations with the site owners.  Archaeology of national significance could be subject to scheduling by the Secretary of State.

Following debate, Cllr Galvin moved the officer recommendation to approve the application.  Cllr Fisher seconded the motion.  Members voted unanimously in favour of the recommendation and it was;

Resolved:            that the application be approved.

Reason:              The site comprises a two-storey brick and timber faced structure with a substantial brick built extension to the rear largely reconstructed in the 20th Century.  Planning permission is sought for its demolition and the construction of a part two storey building with further accommodation in a roof storey, as office suites and music venue and a terrace garden to the rear creating a separation with the Grade 1 Listed Micklegate House on the Micklegate frontage behind.

It is considered that the proposals as amended would result in less than substantial harm both to the setting of Micklegate House and to the character and appearance of the Central Historic Core Conservation Area. That harm would on balance be outweighed by the public benefit of the removal of the existing building which is in a deteriorating condition and forms a detractor in the Conservation Area. The supply of Grade A serviced offices within the City Centre together with the reprovision of a purpose built music venue provides public benefits which should be afforded significant weight. On balance it is considered that the proposal would not harm neighbouring amenity and that subject to conditions covering management of the music venue would be acceptable.

[The meeting was adjourned between 6.10pm and 6.23pm]