Agenda item

This application has been made by the Living Word Church for the change of use of the Fossway Public House to a mixed use including a youth club (basement), day nursery (ground floor), a place or worship (ground floor) with associated office space (ground and first floor), 1 flat on the first floor and 1 flat on the second floor.

This application has been brought before the Committee by Councillor Funnell on the grounds that the benefit to the community of developing the building in the way proposed outweighs the concerns raised by the Highways Network Management. [Heworth] [Site Visit]

Members considered a full application from Mr David Lavery for a change of use from a public house (use class A4) to a mixed use, which included a youth club, day nursery, place of worship with associated office space, 1 flat on the first floor and 1 flat on the second floor.

Officers provided the Committee with updated information, which had been received since the report was published. They advised that paragraphs 3.10 (should read 4.10) of the report should refer to 40 people not 40 families.

They stated that a response from the Council’s Family Information Service had been received which raised the following issues in relation to the proposed nursery;

• That the plans were basic and much information had been omitted.
• That the plans indicated car parking in the road, and that there were concerns regarding the dropping off and picking up of children on a main road.
• There was not an identified need for additional nursery provision in this area, although currently reassessing this with more up to date information available in Jan 2011.
• That 20 places in nursery was very small and viability may be difficult.
  There had been no indication on how the nursery would access the outdoor area – this would be important from security perspective & need for free flow play.
• That the baby room had a door which connects to the main entrance corridor for the church/main hall which would raise security concerns
• That the laundry was situated in an inappropriate area for the nursery.
• That no provision had been made for buggies and storage.

Officers advised that an e-mail had been received from the agent on 8 November and their comments in response to issues raised by the agent had been included within the officer’s update. They also advised the Committee that a further letter of objection had been received from a local nursery owner, which stated that there was not a need for another nursery in the area and raised concerns over the job security of her employees, if another nursery was to open in close proximity.

Officers advised that a further letter of support had been received from Dodsworth Area Residents Association (DARA) offering their support and the support of the Muncaster Area Residents’ Associations in support to the initiative of the Living Word Church to purchase and convert the building and transform it into a community facility and church. They noted that the inclusion of childcare facilities, space for community uses as well as scope for debt advice, marriage guidance and youth work by trained members of its congregation would be valuable to those living in their respective association areas. This letter was circulated to Members for their information. (A full copy of the officer’s update was published online with the agenda after the meeting)

A revised parking survey had been received from the agents on the day of the meeting and so had not been fully reviewed. Highway Officers did however note that it had been conducted on a single Sunday 

Representations in objection to the application were received from a local nursery owner. She advised that the need for additional nursery places in the area was low with sufficient nurseries nearby to satisfy the need. She commented that more and more parents relied on the use of family for childcare rather than nurseries due to financial constraints. She advised Members that since her nursery had opened in 2005, two family centres had also opened which offered childcare. 

Representations in support of the application were also heard from the applicant’s agent. He addressed concerns, which had been raised in relation to parking. He stated that the plan showed that the parking bays were in accordance with the required standards and explained that they had undertaken a parking survey and briefed Members on the result of this, which concluded that there would be adequate space for vehicles to safely manoeuvre into and off the site. He advised that in addition to parking available on the site, there was sufficient parking on nearby roads without affecting the traffic flow. He stated that the development would bring a derelict building back into use and provide a much needed nursery, would add to the economy and increase the value of the neighbourhood.

A further representation in support of the application was received from the secretary of the Heworth Ward Planning Panel. He advised Members that, at a recent meeting, the Planning Panel had given their support for the application. He stated that it would be a good asset for the city and would enable a derelict structure to be developed. In relation to parking issues raised, he suggested that parents of children attending the nursery would only need to park for short periods while dropping off and collecting their children. He offered his support for the scheme.

Councillor Potter, Ward Member for Heworth, spoke in objection to the application on behalf of residents living on Huntington Road. She stated that Huntington Road was a busy road and drew Members attention to the Spar shop adjacent to the site for which people parked on the road and lorries parked to unload deliveries. She stated that the ten available parking spaces would be insufficient for the number of staff working at the premises without even taking into account the needs of others and explained that due to the lack of space on site, which limited manoeuvring, cars would need to reverse back out onto the busy road which raised safety concerns. She asked the Committee to refuse the application due to the cumulative impact on the road.

Councillor Funnell, also Ward Member for Heworth, spoke in support of the application on behalf of the Dodsworth Area Residents’ Association and Muncaster Area Residents’ Association and the Vicar of the Living Word Church. She acknowledged that traffic was an issue but pointed out that if the building was developed for residential use this could result in parking being required for more than 18 cars. She reminded Members that a parking survey had been undertaken by the architects at a cost to the applicant. She stated that the building was currently an eyesore and was used by fly tippers and vandals and voiced the opinion that this was a creative proposal which would provide resources and services, including provision of specialist advice, to the local community, would create jobs, and would be available for general social use by the local community. She stated that the site was well served by bus routes.

Members noted that the area was a mixture of shops and residential premises and the site was highly sustainable with two bus routes. They agreed that the proposals were imaginative and would bring a disused building back into use, which would be available for community use two days each week. However, they noted the objections from Highways and raised concerns that cars would need to reverse out of the site across a pavement onto a busy road. They also questioned whether there was the need for more nursery places in the area, with places available in some nurseries in Huntington, and therefore whether it would be financially viable and suggested that it might become environmentally unsustainable, if it needed to draw in children from further a field who would travel by car. They raised concerns over the mixed use of the building and the security of the children in the nursery due to the nursery layout with the nursery being at the front of the building, opening onto the main corridor, and play area at the rear.

Councillor Moore moved and Councillor Firth seconded a motion to approve the application subject to conditions being agreed with officers and the Chair and Vice Chair in relation to car/cycle parking and the layout and operation of the nursery to be agreed in liaison with the Council’s Family Information Service. On being put to the vote, the motion fell.

Councillor Taylor moved and Councillor Hyman seconded a motion to refuse the application due to the concerns raised by the Family Information Service regarding the layout of the proposed nursery and also due to the impact on highway safety.

RESOLVED:             That the application be refused.

REASON:                  The Local Planning Authority considers that the proposed number and intensity of uses on the site would result in an increased demand for on-street parking. The present demand for the available on-street parking in the vicinity of the site is high. It is not considered that the additional demand for parking that would be likely to be generated by the proposal can be satisfactorily accommodated within the public highway, without unacceptable compromises being made both in terms of highway safety and traffic congestion.