Issue - meetings

This report relates to a request from the York Branch of CAMRA that the Council make an immediate Article 4 Direction in respect of the Punch Bowl public house, 134 Lowther Street, York.

Resolved:  That a decision on whether or not to make an Article 4 Direction in respect of the Punch Bowl public house, 134 Lowther Street, York be deferred.

Reason:     To enable further written legal advice to be provided.

The Cabinet Members considered a request from the York Branch of CAMRA that the Council make an immediate Article 4 Direction of the Town and Country Planning (General Permitted Development) Order 1995 to remove permitted development rights for the change of use of The Punch Bowl public house, Lowther Street, York, from its existing use as a public house (Class A4) to a shop (Class A1).

Members noted the officer comments contained in the report, including the legal implications.

The Cabinet Members stated that they would wish to protect this well used public facility if possible and that there was already a more than adequate number of shops in the area, nevertheless it was important that the decision they took did not put the Council at risk financially.  For this reason they would wish to adjourn the meeting to receive further written legal advice on the following issues:

·        Whether an Article 4 direction could be conditioned to state that the premises must be used as a community facility.

·        The risks to the Council if it did determine that exceptional circumstances existed and made the Article 4 direction, but subsequently revoked the order before an application had been submitted.

The meeting was to be reconvened at the earliest opportunity.

Resolved:  That a decision on whether or not to make an Article 4 Direction in respect of the Punch Bowl public house, 134 Lowther Street, York be deferred.

Reason:     To enable further written legal advice to be provided.