Agenda item

Change of use to a mixed use comprising café and hot food take-away. [Holgate Ward]

Members considered a full application, received from Mr M Altin for planning permission to allow takeaway sales from 3 Acomb Road, which would include a delivery service.

Officers updated Members and stated that the Environment Protection Unit had no objections to the proposal.

Representations were received from the applicant’s agent in support of the application.  He confirmed that the traffic issues should not be of concern as parking in the adjacent streets would be inconvenient to customers as these were one way streets. Customers would also not be able to park directly outside the premises and would have to park eighty metres away.  He stated that the delivery vehicle would be parking in the Fox Public House car park as the applicant had an ongoing agreement with them.  He asked Members to consider approving the application on a trail basis.

Members questioned the agreement with the Fox Public House and  officers confirmed that they had not received any confirmation from the. Members questioned if the premises was open after 11:00pm as Mr Altin does not hold a licence to stay open after this time.

Representations were received from the Ward Councillor, Councillor Bowgett in objection to the application. She was speaking on behalf of the local residents and stated that  some of their concerns were:

·        Planning permission had only just been granted for the business to extend hours for restaurant use only but before this was granted it was advertising services as a takeaway.

·        A delivery vehicle had already been purchased and was parking in Falconer Street.

·        The business advertises free alcohol with takeaways over a certain amount, despite not having an alcohol licence.

·        Parking issues in adjacent streets.

·        The landlord of the Fox Pub had said that no permission had been granted for the delivery vehicle to park in the car park and no permission would be granted

·        Noise levels, litter and anti-social behaviour from any extension of takeaway provision.

·        Planning notices had been turned round outside the business to ensure residents were not kept informed of the planning application.

After being put to the vote it was a unanimous result to refuse the application.

RESOLVED:  That the application be refused subject to the conditions set out in the report.¹

REASON:  The proposal would cause harm to the levels of amenity presently enjoyed by the residents in Falconer Street and Park Lane.  Customers visiting by car and the delivery vehicle(s) used by the premises are likely to park on the nearby residential streets, in particular Falconer Street and Park Lane due to convenience and the lack of parking available on Acomb Road.  The noise that would occur as a consequence of such practice in the evenings: the manoeuvring of vehicles, engines running, amplified music, and raised voices would occur at random times, and may involve short sharp increases in noise level.  On such occasions there would be significant harm to the levels of amenity presently enjoyed, and reasonably expected by residents.  As such the proposal is contrary to policies GP1, S6 and S7 of the York Local Plan.