Agenda item

Change of use from retail (use class A1) to restaurant (use class A3) as extension to Lal Quila at 17 Bishopthorpe Road. Use of first floor of 17 as managers flat. [Mickelgate Ward] [Site Visit].

Members considered a full application from Mr H Kabir for the change of use from retail (use class A1) to restaurant (use class A3) as an extension to Lal Quila at 17 Bishopthorpe Road and the use of the first floor of no 17 as a manager’s flat.

Officers advised Members that a 92 signature petition had been received from the applicant, signed by customers in support of the planning application to provide larger premises for Lal Quila stating that the restaurant had been a part of the Bishopthorpe Road community and provided a place where local people regularly meet each other. Officers drew Members attention to a revised drawing which showed changes to the internal arrangements including the take away area. Officers stated that the planning issue was the loss of the retail unit allied with the expansion of a non-daytime use adversely affecting the character and viability of the shopping area.

Representations were received from a local resident in objection to the application. She advised the committee that there was a strong feeling amongst the local population against the loss of a shop on Bishopthorpe Road. She explained that Bishopthorpe Road was a unique community of shops and in order for the shopping parade to survive, there needed to be a complete choice of shops. She pointed out that premises which change from a shop to restaurant normally remain as so and stressed the importance of premises being open during the day. She stated that when the property became vacant, more than two parties were interested in it and assured members it would not remain empty for long.

Representations  were also received from the agent on behalf of the applicant. He advised Members that Lal Quila had been trading for 20 years and approximately 80 percent of the customers were local residents. He pointed out that although planning officers had recommended refusal, no other council departments had raised objections to the application. He stated that the premises had been vacant since October 2010 and had previously been a florist. He noted that that there were alternative florists businesses within walking distance and three shops within the parade offering flower sales. He explained that the if approved, the proposals would enable the applicant to improve the facilities he is able to offer his customers including providing downstairs toilet facilities. He pointed out that this was a once in a life time opportunity to expand his business and the owner hoped to reopen for lunchtime trading and sell prepared Indian meals.

Members asked for clarification on the Micklegate Planning Panel’s response to the consultation. Officers read out the statement received from the Micklegate Planning Panel which stated that they recognised the contribution made by the Lal Quila to the area but raised concerns over the loss of a retail unit on the street.

Councillor Gunnell explained that Bishopthorpe Road was a vibrant street where traders work well together and local community groups thrive. She pointed out that there was currently a good variety of shops and eating places on the street. With regard to the florists closing, she pointed out that two other florists had operated on the street in the past, both of which had closed. She explained that at the Residents’ Association meeting the previous night, the application had been raised and there had been no objections from residents to the application and the Chair of the Micklegate Planning Panel had clearly stated that he had not submitted an objection.

Members welcomed the fact that the applicant had given thought to providing disabled toilets on the ground floor, which would also benefit elderly customers who may struggle with stairs. However they questioned whether the application should be refused in order that further marketing could take place with the hope that the premises could remain in operation as a shop.

Members acknowledged that that lots of changes had taken place in the street during the years and this would continue but agreed that there was still a good cross section of shops in the street with cafes also open at lunchtime. They noted that approving this application would take the proportion on non-retail premises up to 25 percent which they commented was enough. They stated that they understood the applicant’s reasons for wanting to expand and agreed it was an acceptable use of the property.

Officers advised that if Members were minded to approve the application, the following conditions were recommended:

• The premises shall not operate independently to the restaurant at no 17
• Waste shall be stored within the curtilege of the application site
• Secure cycle parking will be provided for staff
• Managers flat – contribution to open space required
• Opening hours – 9am to midnight.

RESOLVED:             That the application be approved subject to the conditions listed below.

1. The development shall be begun not later than the expiration of three years from the date of this permission.

Reason: To ensure compliance with Sections 91 to 93 and Section 56 of the Town and Country Planning Act 1990 as amended by section 51 of the Compulsory Purchase Act 2004.

2 The premises shall be operated as a restaurant in association with the restaurant at 17 Bishopthorpe Road and shall not be operated independently.

Reason: In the interests of the amenity of surrounding occupants.

3 Waste shall be stored within the curtilage of the application site at all times.

Reason: In the interests of the appearance of the area.

4 At least two secure cycle parking spaces shall be provided within the curtilage of the application site and retained for such use at all times.

Reason: To promote sustainable modes of transport in accordance with PPG13:Transport and policy T4 of the Local Plan.

5 The restaurant shall only be open to customers between the hours of 09:00 and midnight each day of the week.

Reason: In the interests of the amenity of surrounding occupants.

6 The first floor flat shall not be occupied until details of provision for public open space facilities or alternative arrangements have been submitted to and approved in writing by the Local Planning Authority. The Open space shall thereafter be provided in accordance with the approved scheme or the alternatives arrangements agreed in writing by the Local Planning Authority and thereafter implemented, prior to first occupation of the development.

Reason: In order to comply with the provisions of Policy L1c of the Development Control Local Plan which requires that all new housing sites make provision for the open space needs of future occupiers.

REASON:                  The proposal would be acceptable as there would remain a reasonable range of retail and non-retail uses within the shopping parade to satisfy the day to day needs of the local population and there would not be an undue impact on the vitality and viability of the shopping parade. As such the proposal complies with Policy S9 of the City of York Development Control Local Plan.