Agenda item

Retention of external seating area on Kings Staith (renewal of temporary permission 07/01756/FUL) with freestanding sunshades; and formation of associated furniture storage area on land at the rear of 15 Kings Staith [Guildhall Ward] [Site Visit].

Members considered a full application by Mr S Binns for the retention of  an external seating area on Kings Staith (renewal of temporary permission 07/01756/FUL) with freestanding sunshades; and formation of associated furniture storage area on land at the rear of 15 Kings Staith.

Officers reported that an additional consultation response had been received from British Waterways who had no objections to the renewal of the application subject to the imposition of the planning condition relating to the previous approval enabling safe and unhindered access to the waterfront. They also requested that if the application was approved an informative be added to ensure that necessary consents were obtained and the works were compliant with the current British Waterways “Code of Practice for Works affecting British Waterways”.

Officers also reported that an additional representation had been received from the occupier of 15 Kings Staith whose main concern related to the storage area and the disturbance caused. The objector also stated that amenity bodies/societies should be consulted regarding the increase in umbrellas as they were more qualified to comment on the impact on the environs of Cumberland House.

Officers suggested an addition condition be added requiring the 3m passage between the river and the tables be kept clear at all times. They also advised that Condition 1 should be amended to prevent use as an external seating area after 14 November 2013 unless permission was obtained from the Local Planning Authority to extend that period.

Representations were received from a local resident in objection to the application. He circulated photographs of the area behind numbers 1 and 2 Lower Friargate and 13 and 15 Kings Staith taken in August 2004 and February 2008 to show how the use and appearance of the area had changed. He advised the Committee that he had no problems with the seating area for the pavement café although he welcomed the restrictions on hours on use. His concerns related to the nature of furniture storage which he believed had an adverse affect on security in the area due to an unlocked broken gate to the yard and also resulted in a loss of the communal seating area. He suggested that an area of the yard behind the raised garden could provide a more suitable storage area. He answered Members queries in relation to the communal seating area, its ownership and use.

The applicant presented the Chair with a letter from Streamline Taxis (York) Ltd confirming that Plonkers Wine Bar and the Lowther Hotel rent storage space from themselves at the rear of 7 Cumberland Street, with this arrangement being purely for the storage of tables and chairs from their riverside concern. This letter was circulated to Members of the Committee.

RESOLVED:             That the application be approved subject to the conditions listed in the report and the amended and additional conditions and additional informative listed below

Amended Condition 1

The use as an external seating area shall cease by 14 November 2013 unless prior to that date the permission of the Local Planning Authority has been obtained to extend the period of the permission.

Reason:  The seating area forms part of the public highway where it is considered to be inappropriate to grant a permanent planning permission in the interests of the freeflow of traffic and pedestrians and highway safety.

Additional Condition 8

The 3 metre passage between the river edge and the area for tables and chairs as indicated on drawing no. 1.32 revision B shall be kept clear at all times and shall not be obstructed by the pavement cafe use or any furniture associated with the use.

Reason: To ensure that amenity and a comfortable access is maintained along the riverbank and to enable safe and unhindered access to the waterfront in accordance with policy L4 of the Development Control Local Plan

Additional British Waterways requested Informative

The applicant is advised to contact the Third Party Works Engineer (British Waterways, Fearns Wharf, Neptune Street, Leeds, LS9 8PB) in order to ensure that any necessary consents are obtained and the works are compliant with the current British Waterways' "Code of Practice for Works affecting British Waterways".

REASON:      That the proposal, subject to the conditions listed in the report and the amended and additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the conservation area, vitality and viability of the city centre, public access to the riverside, residential amenity and highway and pedestrian safety.  As such the proposal complies with Policies HE2, GP1, L4, GP23 and S6 of the City of York Local Plan Development Control Local Plan- Incorporating the Proposed 4th Set of Changes ( 2005 ); and national planning guidance contained in Planning Policy Statement 6 " Planning for Town Centres,  "Planning Policy Guidance Note No. 15 " Planning and the Historic Environment " and Planning Policy Guidance Note No. 13 " Transport" and Planning Policy Statement 1: "Planning for Sustainable Development. "