Agenda item

Variation of condition 3 (hours of operation) and condition 5 (barriers around cafe area and umbrellas) of planning permission 10/00788/FUL for use of highway as an outside seating area. [Guildhall Ward]

Members considered a full application from Mrs Dawn Argyle for the variation of condition 3 (hours of operation) and condition 5 (barriers around café area and umbrellas) of planning permission 10/00788/FUL for the use of the highway as an outside seating area.

Officers advised that since the report was written and following discussions with officers, the applicant has requested that the operating times for the pavement café be extended to 11.00 to 20.00 Monday to Friday and 10.00 to 20.00 Saturday and Sunday.

They reported that Highways Network Management had commented that because the cafe was towards the end of the street which is a no through road there were no immediate concerns from a Highways operations perspective for an 8pm finish and the earlier start time requested. However they advised that, because after the footstreet hours there will be additional traffic in the street, it was important that some form of barrier (not "A" boards) to highlight the extent of the cafe were put in place as soon as was practical.

Officers advised the Committee that they had amended their conclusion and recommendations in the report, a copy of which was circulated to Members. They agreed that the variation of Condition 3 (operating hours) was acceptable as it was considered that would not cause further or harmful obstruction to the highway. However they advised that the variation of Condition 5 (street furniture) would be unacceptable as the provision of two. umbrellas would be detrimental to the character and appearance of the conservation area.  In respect of the barriers, they advised that the condition does not require that the barriers are erected (this is required under the Highway Licence) merely that if they are erected they conform to the approved design. They explained that their recommendation was therefore now to part approve and part refuse the application.  (A copy of the officer’s update has been published online with the agenda papers for this meeting.)  

Members questioned whether there was a policy regarding the use of umbrellas and officers confirmed that although there was not a policy  their approach in past applications, which requested the use of tables and chairs outside, had been to resist the use of umbrellas.

Representations were received from the applicant in favour of the application. She explained that the ice cream parlour had now been operating for 12 months and was very popular with tourists and that the street café had been successfully operating for six months. She explained that having to limit the opening of the café to foot street hours was restricting for the business. She advised Members that the barriers were large and cumbersome and raised concerns that having to carry them across the premises posed a potential safety risk to customers. She explained that she would like to be able to deploy umbrellas on sunny days during foot street hours to make the experience of eating an ice cream more pleasurable for her customers.

Members agreed that they were happy with the proposed extension of opening hours and suggested that umbrellas be allowed for a temporary period over the summer season. They also recommended that City of York Council looks at creating a policy on the use of umbrellas.

Officers advised that the variation of condition 5 could be conditioned to allow umbrellas for a temporary period, with the design to be agreed but advised against giving permanent permission for the use of umbrellas as there was currently no policy in place regarding this.

RESOLVED:            

a)         That the application be part approved subject to the conditions listed below:

1          The development hereby permitted shall be carried out in accordance with the following plans:- Revised drawing received 14.06.10

Reason: For the avoidance of doubt and to ensure that the development is carried out only as approved by the Local Planning Authority.

2          The tables and chairs shall not be placed on the highway except between the hours of:

Mondays to Fridays 11.00 to 20:00

Saturdays and Sundays 10:00 to 20:00

Outside of these hours, all equipment associated with the use shall be removed from the public highway.

Reason: In the interests of users of the public highway and to avoid clutter, in the interests of the character and appearance of the conservation area.

3          The tables and chairs associated with the use hereby approved shall be stored within No. 20 Back Swinegate when not in use.

Reason: In the interests of the safety and rights of way of users of the public footway, and in the interests of visual amenity of the conservation area.

4          There shall be no change or addition to the furniture used in association with the outdoor seating area from that shown in the details submitted on 7 May 2010 (tables, chairs, barrier posts and ropes) without the prior written approval of the Local Planning Authority.

Two no. umbrellas, to a design and specification to be first submitted to and approved in writing by the local planning authority (but for the avoidance of doubt to be of plain appearance and not to contain any advertising), may be used in association with the tables and chairs for a temporary period until 30 September 2011 after which date they shall cease to be used.

Reason: In the interests of the character and appearance of this part of the Central Historic Core Conservation Area.

REASON FOR PART APPROVAL:

In the opinion of the Local Planning Authority the proposal to vary condition no.3 (hours of operation) and to temporarily vary condition 5 in respect of 2no. umbrellas would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the conservation area and highway safety. As such the proposal complies with Policies GP1, HE3 and S6 of the City of York Development Control Local Plan.

b)         That officers be requested to devise a policy for pavement cafes in the city centre

Reason: To provide guidance to Members when considering future applications which request the use of umbrellas.