Agenda and minutes

The following sites were inspected before the meeting.

At this point, Members are asked to declare any personal, prejudicial or disclosable pecuniary interest they may have in the business on this agenda.

At this point in the meeting, Members were asked to declare any personal, prejudicial or disclosable pecuniary interests they might have in the business on the agenda.

Councillor Gunnell declared a personal and prejudicial interest in plans item 4a (39 Swinegate) as she knew the objector (who was speaking at the meeting) well. She left the room during discussion of the application and took no part in the debate or vote.

Councillors Reid and Semlyen advised the Committee that they had been contacted by residents with regard to the plans item 4c (18 The Horseshoe) but had not expressed an opinion on the application.

Councillor Semlyen declared a personal non prejudicial interest in Plans item 4a (39 Swinegate) as she knew someone who worked at the Vudu Lounge.

It is at this point in the meeting that members of the public who have registered their wish to speak can do so. The deadline for registering is by 5pm the working day before the meeting, in this case 5pm on Wednesday 12 September. Members of the public can speak on specific planning applications or on other agenda items or matters within the remit of the committee.

To register please contact the Democracy Officer for the meeting, on the details at the foot of this agenda.

It was reported that there had been no registrations to speak under the Council’s Public Participation Scheme on general issues within the remit of the Committee.

To determine the following planning applications related to the West and City Centre Area.

Members considered a schedule of reports of the Assistant Director (Planning and Sustainable Development), relating to the following planning applications, outlining the proposals and relevant policy considerations and setting out the views and advice of consultees and officers.

Change of use of upper floors of Nos. 37 and 39 from mixed use restaurant and drinking establishment (Use classes A3/A4),  to drinking establishment (Use class A4) (retrospective). [Guildhall Ward] [Site Visit]

Members considered a full application from Mrs Pavlou for the change of use of the upper floors at no 37 and 39 from mixed use restaurant and drinking establishment (Use classes A3/A4), to drinking establishment (Use class A4) (retrospective).

Officers advised the Committee that the correct address for the premises is Vudu Lounge 39 Swinegate. They advised that proposed conditions 1 and 4 be deleted and the new conditions be proposed as follows. Condition 1 would restrict opening hours to 10:00 to 01:00 the following day between Sunday to Thursday and 10:00 to 03:00 the following day on Fridays and Saturdays to protect the living conditions of adjacent residential occupiers. Condition 2 would grant temporary planning permission until 13.09.13 for opening to customers between the hours of 1000-0400 hours the following day, after which the opening hours would revert to the times stated in condition 1. This is in order that the impact of this use on neighbouring residents, the effect of the noise management plan, and the impact on the character of the area could be monitored.

Officers proposed that additional conditions be required to restrict the emptying of bottles and glass into bottle bins and to prevent amplified, recorded or live music being played which is audible outside the building in order to protect the amenity of nearby residents.

Members discussed the opening hours of nearby premises including the Biltmore and Oscars and questioned why officers had suggested a temporary 4am closing time. Officers advised that this was what the applicant had requested and they had assessed this request and suggested the trail period. They stated that Members could impose whatever hours they felt suitable but they should take into account that permission for mixed use was granted in 2006 until 1am Mon to Fri and 3am Saturdays and Sundays.

Representations were received from a local resident in objection to the application. He stated that residents are disturbed by noise emanating  from the premises and the passageway. He asked Members to consider the following initiatives if they were minded to approve the application:

·        CCTV to cover the passageway between St Sampson’s Square and Swinegate

·        A gate should be installed at both ends of the passageway which should be closed at 7pm and reopened in the morning.

·        The premises should be soundproofed

·        No bottles should be emptied into bins between midnight and 8am

·        There should be better liaison between the club and residents.

Representations were also received from the Manager of the Roman Bath Public House. He explained that he had lived in the pub living quarters which were behind Vudu Lounge for 3 years and had experienced noise at ridiculous levels, and heard the throb of the heavy base music until 4am seven days a week. He confirmed that he and his young daughter were kept awake by the noise and rowdy behaviour from customers at closing time as well as by the bottles being emptied into bins until 3-4am. He accepted that he should expect some  ...  view the full minutes text for item 22a

Conservatory to rear. [Acomb Ward ]

Members considered a full application from Mr John Gaughan for a conservatory to the rear.

RESOLVED:             That the application be approved subject to the conditions listed in the report.

REASON:                  The proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged Importance, with particular reference to the impact on the residential amenity of neighbours and the impact upon the streetscene. As such the proposal complies with Policies H7 and GP1 of the City of York Development Control Local Plan and City of York Supplementary Planning Guidance to Householders (Approved March 2001)

Replacement dwelling with detached summerhouse to rear.

[Dringhouses and Woodthorpe Ward] [Site Visit]

Members considered a full application from Mr and Mrs Griffiths for a replacement dwelling with detached summerhouse to the rear.

Officers advised the committee of a further request they had received from the occupants of 20 The Horseshoe which asked for:

·        In addition to obscured side windows, the roof lights and windows of the summer house should be obscure glazed to prevent overlooking. Officers recommended clarifying condition 5 so it refers to the side window on the 2 storey outshot and roof-lights on the side elevations of the main roof.

·        Permitted development rights should be removed to prevent any later extensions to the building Officers noted that the garden would remain a reasonable size and officers consider such a condition would not be necessary.

·        Construction Management should be a condition of the planning permission rather than an informative, in the interests of neighbours’ amenity. Officers advised that Members may add a condition on construction management if they see fit.

·        The street light may need to be removed to accommodate the additional driveway. The neighbours would not want the street light to be relocated in front of their house. Officers advised that this would be a matter for interested parties to resolve.

Representations were received from Councillor Hodgson, Ward Member for Dringhouses and Woodthorpe. He stated that he was speaking against the application on behalf of the residents at 17 and 19 the Horseshoe. He conveyed their concerns that the proposed building would be out of character with the area, raised concerns with building traffic (potential loss of building materials) and potential flooding. He asked the committee to reject the application for the benefit of nearby residents and the wider community. Members queried whether these concerns related to the original scheme rather than the revised scheme and noted that, at the site visit, the Chair of the Planning Panel had not raised any concerns on the revised scheme. Councillor Hodgson confirmed that the points he had raised applied to the original plans but that he was still opposed to the demolition and rebuilding of a house which would then be out of character with the area.

Representations were received from the applicant in support of the application. He explained that he had bought the house which was very run down and in need to extensive modernisation and this meant it was more economic to demolish it and rebuild it to current standards. He confirmed that he had worked with planners to address concerns raised by residents concerns and the revised plans now meet their concerns. This included removing the decorative stone and slate roof from the proposals so the property is more in keeping with other properties on the Horseshoe. He advised that all the adjacent neighbours except number 20 were supportive of his proposals. He acknowledged that the mass and scale of the proposed property was large but that it was comparable with number 24 and barely half the size of number 20. He stated that the rear  ...  view the full minutes text for item 22c