Agenda item

Erection of temporary marquee on rear garden deck. [Micklegate Ward] [Site Visit]

Members considered a full application by Acropolis Hotels Ltd for the erection of a temporary marquee on the rear garden deck of the hotel.

Officers circulated a written update which recommended an amendment to draft condition 3 which relaxes the timescale for introducing the landscaping on the lower deck to April 2011 on cost grounds as requested by the applicants. Officers also advised that draft condition 5 should be deleted based on comments received from the Environmental Protection Unit.

Officers informed Members that a licence under the Licensing Act, would be required to operate any amplified entertainment in the marquee. They stated they were content that through the Licensing Act, the Local Authority could take adequate steps to control the amenity of the adjacent office building’s occupants and that it would be a management issue, in the interests of the hotel, to ensure their own guests were not disturbed in the evenings.

They advised that letters in support of the application had been received from Mulberry Hall on Stonegate and Welcome to Yorkshire. They advised that they considered the hotel to be an asset for the city and this would assist in its viability, providing valuable assistance in maintaining the listed building and that the proposed use would enhance the facilities the city could offer as a destination.

Representations were received from the applicant’s agent in support of the application. He advised  the Committee that the hotel had now been restored to a high standard and was now open for business. It would host conferences, exhibitions and events which would attract new business to York from customers who had perhaps not considered York as a destination before. He stated that the main function room was not large enough for this purpose and the proposed marquee would provide additional space for summer and  Christmas events, with the intention to apply for a permanent single storey extension on the deck in due course. He confirmed that the hotel was aiming for a 5 star classification and it would provide wider tourism benefits for York,  contribute to the local area and provide additional trade for other local hotels.

Some Members questioned the need to retain draft condition 5 which required a noise management scheme as they understood that the licence granted only allowed for amplified music to be played indoors. Officers advised that their suggestion to remove this condition had been based on comments received by EPU but that they would look into the issue and the condition would be retained if required.

Members agreed that the proposals had been well considered and were a good solution for the building.

RESOLVED              (i)         That delegation be given to officers to approve the application after the consultation period has expired, subject to the conditions listed in the report and the amended condition below.

                                    Amended Condition 3

The landscaping scheme listed in the approved plans shall be implemented as follows:

Landscaping to the upper deck shown on drawing L13 updated by R Smith, received 2.11.2010 (which introduces further evergreen species) to be implemented before 1.1.2011.

The planting schedule for the lower deck as shown on vector drawing VL10187 L14C received 7.10.2010 to be implemented before 1.5.2011. Any trees or plants which die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless alternatives are agreed in writing by the Local Planning Authority.

Reason: In the interests of the historic setting and visual amenity.

                                    (ii)        That clarification be sought by officers to determine whether a noise management scheme condition is required or not and draft condition 5 be included/excluded based on the result of this.

REASON:                  The proposal, subject to the conditions listed in the report, and the amended condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the impact on the historic setting and amenity. As such the proposal complies with Policies GP1, GP23, HE3 and HE4 of the City of York Development Control Local Plan.