Agenda item

Change of use of offices to 5 residential units and erection of 4 flats with car parking after demolition of the existing office building. [Guildhall Ward]

Members considered a full application submitted by Moda Developments Ltd for the change of use for of offices to five residential units and erection of four flats with car parking after demolition of the existing office building.

Officers updated that:

·        Environmental Protection Unit (EPU) had requested that a condition regarding contaminated land be included.

·        Revised plans had been received showing some very minor alterations that had rectified some small problems.

·        The landscape Officer had mentioned that there was a tree just on the outside of the proposed site which was subject to a Tree Preservation Order (TPO).

Members asked that an Informative be included regarding sustainability. They also asked the applicant to address refuse and recycling storage. Officers advised that this could be addressed by an alteration to condition 8.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and the following additional conditions.

·              A desk study shall be undertaken in order to identify any potentially contaminative uses which have or are currently occurring on the site. This shall include a site description and a site walkover and shall be submitted to and approved by the local planning authority prior to development of the site.  This should, where possible date back to 1800.

A site investigation shall be undertaken based upon the findings of the desk study.  The investigation shall be carried out in accordance with BS10175: Investigation of potentially contaminated land: code of practice. The results of the investigation shall be submitted to and approved by the local planning authority in writing prior to any development commencing on the site.

A risk-based remedial strategy shall be developed based on the findings of the site investigation.  The remedial strategy shall be submitted to and approved by the local planning authority in writing.  The approved strategy shall be fully implemented prior to any development commencing on site. Informative: The remedial strategy shall have due regard for UK adopted policy on risk assessment and shall be developed in full consultation with the appropriate regulator(s).

A validation report shall be submitted to and approved by the local planning authority, detailing sample locations and contaminant concentrations prior to any development commencing on site.

Reason: To protect human health and the wider environment.

Prior to the development commencing details of the area for cycle and bin storage (including elevations, materials and means of enclosure if proposed) shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the stores have been provided within the site in accordance with the approved details, and these areas shall not be used for any other purpose unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure adequate space for cycles, waste recycling and litter collection in accordance with policy GP1 of the City of York Draft Local Plan.

SUSTAINABLE DEVELOPMENT

You are reminded of the requirements of policy GP4a of the City of York Draft Local Plan which seeks to achieve sustainable development with a low or positive environmental impact whilst maximising social, economic, and environmental gains.  This should be considered in implementing the scheme hereby approved.

REASON:                  That the proposal, subject to the conditions listed in the report and the additional conditions set out above, would not cause undue harm to interests of acknowledged importance, with particular reference to the special historic interest of the listed buildings, the character and appearance of the conservation area, visual and residential amenity.  As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies GP1, HE3, H3, H4, H12, E3 and L1c of the City of York Local Plan Deposit Draft.