Agenda item

This full 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 place or worship, and congregation meeting space (ground floor) with vestry on the first floor, 1 flat on the first floor and 1 flat on the second floor.

This application was previously refused by the Committee in November 2010, but has been brought back for reconsideration as the number of uses originally applied for has been reduced. [Heworth]

Members considered a full application from Mr David Lavery for a change of use from a public house (use Class A4) to a place of worship (use Class D1) with 2 no. self contained flats. The application also included new rooflights, entrance door, and railings/gate to front. An application of a similar nature on the same site had been considered by the Committee in November 2010.

In their update Officers informed Members of a set of revised conditions that could be added if the application was approved.

Representations in support were received from the applicant’s agent. He responded to queries from Members relating to traffic issues and the limited hours of operation of the church which had been requested. It was confirmed that the church would provide a parking warden, and had recently joined the Car Sharing York scheme to encourage their congregation to car share. He added that the church wished to be open during the day in order to provide a space for toddler groups.

In response to a Member’s question, he explained that the applicant had applied for restrictive hours because they were keen to secure the building and for it to be used by the wider community. He also added that the reason for using the building as a place of worship, was due to the previous location on Haxby Road being vacated due to its use as a school.

Representations in support were received from a representative of Dodsworth, Muncaster and Bell Farm Residents Association. He stated that residents were supportive of the application because the previous use of the building as a pub had suffered from vandalism, graffiti and being used as an area for drug dealing. He questioned the reason for the restriction on hours for the use of the community rooms for four hours at the weekend. It was also his opinion that there would not be a great number of cars on site for community group activities.

Members considered that the hours of operation for the church should be amended to include Good Friday, Bank Holidays and Public Holidays. However, it was reported that if the hours were extended further into the week that additional highways comments would have to be sought.

RESOLVED:             That the application be approved with the following change to the wording of condition 6:

The hours of operation of the Meeting Hall and Congregation Meeting Space shall be confined to

Mondays to Fridays not at all

09.00 hours to 13.00 hours  on Saturday, Sunday and  Public Bank Holidays to include: New Years Day (1 January ), Good Friday, Easter Monday, May Day, Spring Bank Holiday, August Bank Holiday, Christmas Eve (24 December), Christmas Day (25 December) and Boxing Day (26 December).  

Reason:  To safeguard the amenities of adjoining occupants and in the interests of highway safety.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference the residential amenity of the neighbours, the likely impact of the proposed uses of the site, the visual appearance of the building and the locality, and highway safety. As such, the proposal complies with Policies GP1, GP4a, L1b, and C1 of the City of York Council Development Control Local Plan (2005); and national planning policy set out in Planning Policy Guidance Note 13 'Transport'.