City councillors were today touring the site of a £60 million planning "battleground" that could change the face of York for ever.
An artist's impression of the revised Coppergate Phase II scheme, as seen from the Crown Court area.
In the most important site visit in York for years, they were inspecting the Castle car park, land on either side of the River Foss and part of the Coppergate centre before deciding on the area's future.
They have to decide whether the £60 million Coppergate expansion will create or remove a major eyesore next to some of York's most beautiful and historic buildings.
On Thursday, sitting as the City of York Council's planning and transport committee, they will have to decide whether to approve or refuse Land Securities' application for the expansion.
Their officers are recommending that they approve.
Objectors from a wide range of organisations and several local people are urging them to reject the scheme.
But they could take a third option, backed by both officers and objectors, that they refer the matter to Deputy Prime Minister John Prescott and ask him to decide whether to hold a public inquiry.
As long ago as 1967, a major study, the Esher Report, said of the Castle area that it "lacks all the stature and sense of care that one expects from such an historic and architecturally impressive site.
"Clifford's Tower stands forlornly trapped between the traffic of Tower Street and the parked cars and vacant sites flanking the Foss."
This week marks a major turning-point in years of attempts to improve the area.
The question the councillors have to decide is, is Coppergate Phase II the answer?
Land Securities are sure it is and will bring future prosperity to York as well as enhance the area.
But protesters such as Matthew Laverack, of The Architect Shop, say the opposite.
"Money doesn't talk; it swears," he said.
Assistant director of planning Ian Thomson's enormous report of nearly 300 pages covers the £60 million shopping centre, attached car park, nearby housing and demolition of existing buildings, including listed buildings, public toilets and car park.
It gives long lists of the pros and cons of the implications of the development ranging from the effects on air pollution to the benefits of more shops in York centre. Then it lists conditions that Mr Thomson hopes will resolve some of the objectors' protests. But York Civic Trust has already said they do not go far enough and York Alliance has attacked the report as "awful".
Mr Thomson also gives the legal restraints on the councillors. In general, English planning law says that planning applications should be granted unless there are good grounds for refusal.
Councillors will have to decide if the shopping centre will reduce or harm wildlife on the River Foss and whether the centre's benefits justify felling several trees along the river bank.
The Courts Service has warned the council they need secure parking for judges and secure access to the Eye of York unimpeded by shoppers and pedestrians so prisoners can appear before York Crown Court.
The courts currently use an enclosed part of the Castle car park and parking adjacent to the court building.
Transport experts expect the development to increase traffic along Piccadilly, while reducing near Clifford's Tower.
Conditions...
The conditions Ian Thomson proposes to impose on Land Securities, should they get the go-ahead for Coppergate Phase II include the following:
Building details
The council must approve large- scale details of what the buildings will look like, including windows, shop front designs, railings, all materials used, bridges, walkways, lighting, river wall materials, paving materials and roadworks. Reason: to ensure that the buildings look reasonable and fit in with their surroundings.
Storage areas
Any storage areas above the ground floor must be at least two metres further back than the windows fronting Castlegate. Reason: to prevent unsightly parts of the building being visible from Clifford's Tower and the Eye of York.
Castle car park
The car park next to Clifford's Tower must not close until the council is satisfied that there are enough replacement parking places elsewhere. The application includes a multi-storey car park.
Archaeology
No work to start until Land Securities has drawn up an archaeological strategy showing how it will prevent any important archaeological ruins or finds on the site being damaged. The area was part of York's medieval Royal Castle and was also a major prison for generations.
Digging
No foundations, trenches or excavations should be made more than 6.5 metres within a certain area of the site except for piles for the building, lift pits and petrol interceptor tanks. The area contains nationally important archaeological remains and they must be protected as much as possible.
Cycles
The council must approve cycle parking and cycle routes on the site before any shop opens.
Trees
Trees at the base of Clifford's Tower must be protected during the centre's construction and cannot be felled without the council's agreement.
Flooding
The council must approve drainage plans to prevent the development leading to flooding on nearby roads.
Houses
Land Securities must have low-cost housing available for families and those on low incomes to move in before the last five houses for the general housing market are occupied.
Keeping it all legal...
In addition to the the conditions, Land Securities must sign a legal document which will ensure they do the following:
Plant extra vegetation along the River Foss including creating floating plant islands, protect existing plants on the riverside and provide nesting sites and roosts for wild birds;
Provide taxi dropping-off points on Piccadilly;
Draw up a code of practice for the building work which will minimise noise and vibration and ensure that all workmen adhere to it;
Provide public art within the development;
Provide a new car park in Piccadilly before the Castle car park closes;
Provide, install and monitor a CCTV system to guard against crime;
Monitor air pollution and reach an agreement with the council on work to reduce overall air pollution;
Discuss proposals for the area between the shopping centre and Clifford's Tower with the council.
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