Agenda item

Change of use from retail to restaurant with extract louvres at roof level [Guildhall Ward]  [Site Visit].

Members considered a full application by Mr Michael Grey for the change of use from retail to restaurant with extract louvers at roof level.

Officers provided the committee with an update on further consultation responses that had been received. They reported that the Highway Network Management Officer had raised concerns in respect of highway safety due to a secondary door which opens outwards onto Cumberland Street. Officers suggested that a condition could be added to restrict use of this door as an emergency exit only although noted that this issue would also be dealt with through the application for listed building consent (LBC) which had now been received. They reported that City Development and the Plannning Panel had raised no objections and that comments had been received from a neighbour who welcomed the building being brought back into use and was happy for it to be opened as a restaurant but would have concerns if it was to become a drinking establishment. The Conservation Officer had also responded that he didn’t have any problems bringing the old building back into use and that the issue of the doorways would be dealt with through the LBC application.

Representations were received from a local resident. He reported that he had no problems with the building being used as a restaurant as he would expect the clientele to be well behaved but he had concern with granting A4 use due to worries over noise and disorder. He circulated a map showing the cumulative impact area for violent crime occurring between September 2005 and August 2006 and pointed out that the building is located in one of the hotspots for violent crime and for this reason asked Members to reject A4 use. He also circulated an extract from guidance issued under Section 182 of the Licensing Act 2003 (revised 2007) and referred to the reference to “Need” for licensed premised in 13.23. He also asked for waste bins to be kept inside rather than on the pavement if the application was granted.

Members raised the issue of the doorway onto Cumberland Street and Officers confirmed that this door would only be needed as an emergency exit and for emptying bins once a day.

Members welcomed the development of the building which is located on a prominent corner and were of the opinion that a restaurant fitted the area and adds to a successful mix of premises in the area. In respect of the registered speaker’s concerns about rowdiness, they did not think this would be an issue if the building was used as a restaurant and closed at midnight. 

RESOLVED: That the application be approved subject to the conditions listed in the report and the additional conditions listed below: ¹

Additional Condition 8

The Cumberland Street entrance door shall be used as an emergency exit and for waste collection only.  The door shall remain closed at all other times.

Reason: In the interests of highway safety.

Additional Condition 9

Large scale details of the items listed below shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development and the works shall be carried out in accordance with the approved details.

Cumberland Street entrance door and its surrounds.

Reason:  So that the Local Planning Authority may be satisfied with these details.

REASON:      The proposal, subject to the conditions listed in the report and the additional conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to the special historic interest of the listed building, the character and appearance of the conservation area, amenity, the vitality and viability of the city centre, highway safety and flood risk. As such the proposal complies with Policies HE3, HE4, SP7, S5, S6, S7 and GP15 of the City of York Local Plan Deposit Draft.