New York hotel causing ‘absolute chaos’ and is in breach of planning rules, say residents

Problems caused by a laundry delivery to the Moxy Hotel. Photograph: Facebook
14 Aug 2019 @ 7.57 am
| Environment

Noisy deliveries in the early hours, dangerous traffic and a half-built walkway – three key reasons why a new York hotel has not been welcomed by its neighbours.

People living near the new Moxy Hotel say it is in breach of several planning regulations – and that pedestrians are being put in danger.

A notice has gone up close to the Hungate hotel asking neighbours:

  • have you been disturbed by the 5am refuse and delivery trucks visiting the Moxy Hotel?
  • have you had a near miss by one of the hotel’s delivery vehicels reversing along Dundas Street or the temporary road?
  • have you become frustrated at how long it is taking to reopen Black Horse Lane and the pedestrian/cycle way between Hiscox and the hotel?

The walkway is still sealed off. Photographs: Richard McDougall
The unfinished road. Photograph: Matt Freckelton

It also says residents are being held up by lost guests driving round the area looking for the hotel and hotel parking.

And a new line of bins in front of the smart flats has been described as a smelly mess.

Pretty dangerous

The Hungate bin train
Many Hungate residents have taken to Facebook to voice their concerns.

One described the “absolute chaos that I’ve just seen with a Moxy laundry truck outside the car park entrance. It was really lucky that there wasn’t an accident!”

Another wrote:

  • Also pretty dangerous for pedestrians now with the hotel there. I’ve lost count of how many times hotel guests in cars or taxis have almost run me over when lost looking for the entrance to the hotel round the back of it.

    They come swinging into the little roads not knowing them at speed, then try turn around not realising there’s a car park as well as pedestrians around.

Several have reported early morning noise, including a rubbish truck at 4.50am and another recycling bottles at 5.30am.

Planning breaches

The Moxy Hotel in York
Residents believe that Moxy Hotels, owned by the Marriott Group, is in breach of at least two of its planning conditions:

  1. highway works: that the development won’t be occupied until the highway has been reinstated and all vehicle crossings removed
  2. deliveries: the hours of delivery should be confined to Monday-Friday 8am-6pm, Saturday, Sunday and Bank Holidays 9am-6pm.

One resident said: “The council has admitted that the hotel should never have been allowed to open until the highway works were finished but now just say that they’re working with Simpson’s to get it open ASAP.

“Given that there’s been no work on the site for 2 weeks now that doesn’t seem to be the case.”

Mike Slater, assistant director of planning and sustainable development at City of York Council, said: “Whilst we are aware that there are some issues with the development, we are working with the developers to resolve them and because of this formal action would not be appropriate.”

Moxy Hotel response

A spokesman for Belvar, the operating company of Moxy Hotels in York, told YorkMix:

We have checked with our landlord and our hotel, and both sections are cleared:

  • Section 13 refers to vehicular crossings that are to be removed and made good (where the old site access was off Black Horse Lane and on to the site): This work involved removing the old drop kerbs and reinstating new road kerbs etc. This work was complete prior to the Hotel opening and monitored by City of York Council Highway department
  • Section 18 refers to deliveries: Our landlord assured us that Moxy York has all deliveries for the construction work in the period 08:00 – 18:00 Monday to Friday, and from 09:00 – 18:00 in weekends and bank holidays. Operationally our hotel manager is currently monitoring all deliveries and waste collection to assure it comes within correct time periods in order to avoid any inconvenience for our neighbours.

7 thoughts on “New York hotel causing ‘absolute chaos’ and is in breach of planning rules, say residents

  1. The Moxy response regarding Section 18 of the planning approval is fundamentally wrong in its assertion. The planning decision dated 6 November 2017 with respect to York planning application 16/02801/FULM lays down a series of conditions that apply after the building is completed. The full wording of the condition at Section 18 states:

    18 Deliveries
    Following completion of the development the hours of delivery to and dispatch from the site shall be confined to the following times, unless otherwise approved in writing by the local planning authority:
    Monday – Friday 08:00 – 18:00
    Saturday, Sunday & Bank Holidays 09:00 – 18:00
    Reason: To protect the amenity of local residents.

    This condition has nothing to do with construction traffic. So perhaps the spokesman for Belvar can provide a copy of the written approval they have received from York City Council that allows them to conduct hotel deliveries/collections outside the times stated in the planning condition?

  2. Lorries and vans blind reversing round corners at speed need to learn how to drive. I won’t stay at that hotel if I am going to be woken up before 5 am. And open the window to smelly bins

  3. Maybe one of the residents of the homes affected could stay up on a night and photograph and deliveries or waste collections outside the hours stated.

    1. No need to stay up – they’re so loud they wake us up! A number of photographs and videos have been taken already. On 7 August the hotel manager reported to us that he had rectified the situation but nothing has changed

  4. The response from the Moxy is simply not true. Deliveries are turning up before 6am – two this morning alone. In terms of the road being reinstated – Black Horse Lane is still closed and the footpath and cycleway have not reopened. Moxy has made no attempt to reach out to local residents. Pretty poor from Marriott who usually have a better sense of community engagement.

  5. York resident’s response

    Mike Slater – your choice not to take enforcement action undermines the legal planning process and your whole department. You effectively give permission for developers to breach conditions providing they pay lip service to addressing the breaches. Meanwhile the hotel continues to trade without financial penalties, residents of York suffer inconvenience and public safety is put at risk. You owe it to the people of York to take a firm stance against flagrant breaches of planning rules to ensure that the public is protected and to discourage a lax attitude to compliance by developers in the future. Otherwise what is the point of the process.

    Belvar – your landlord is wrong and the hotel is continuing to profiteer at the expense of due legal process and public safety.
    Condition 13. Please specifically point out on the ground the highway works that mean condition 13 has been complied with. If you’re seriously saying that somewhere behind the builder’s fence, along the road that’s been dug up and between the holes in the footpath there’s a dropped kerb that means your builders have complied with this condition then you’re deliberately misinterpreting the meaning behind this condition which was put in place “in the interests of highway safety and management and visual amenity”. There currently is no highway as it’s been dug up, the fencing and temporary road means it’s unsafe and it looks an absolute mess.
    Condition 18 doesn’t refer to deliveries during construction but since you’ve brought it up, deliveries did take place outside permitted times during construction and this was brought to the Council’s attention at the time.
    Operationally your hotel manager is not ensuring that deliveries and waste collections come at permitted hours. Glass bottle collection at 5.48am and food delivery at 6am this morning. On 7 August your hotel manager advised that it had been sorted yet it is still happening and causing an inconvenience to your neighbours.

  6. It is probably a shock to our misnamed ‘planners ‘ that hotels have deliveries and households create waste . The axis of incompetent arrogance that is Lend-lease, City of York and Watson’s are bound together by a total distain for residents.
    However if they are upset now wait while they start paying the £750,000 per year maintenance cost for the ‘library’ and 1.5 acre public park open to every t***** in York

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