Agenda item

Change of use from retail (use class A1) to mixed use retail and cafe (use class A1 and A3). [Guildhall Ward] [Site Visit]

Members considered a full application from Miss Katie Pask for the change of use from retail (use class A1) to mixed use retail and cafe (use class A1 and A3).

Officers advised that a response had been received from the Guildhall Planning Panel who had raised concerns about the continued loss of retail space to cafe use in the city.

Officers also stated that a letter of support had been received from the existing occupants of the building stating that the changes required were minimal and would not harm the historic fabric of the building and that the proposed use would allow full occupation of the building and retain a retail presence at ground floor level.

They also advised that a letter of objection/concern had been received from the tea rooms on the Shambles and the resident at number 21. These raised following points:

·        Already a proliferation of gift shops with eating places attached in the Shambles – some operate without planning permission and some have larger eating areas than which they were granted consent for.

·        Un-necessary competition, the Shambles should retain its diversity and not contain another eating establishment.

·        Application form states upper floor rooms will be used for weddings and events – concern this could lead to disturbance to neighbours particularly in the evening.

·        Concern that the use could become more of a bar rather than cafe.

Officers reported that the Environmental Protection Unit has no objection to the application but noted there were residential properties next door and to the rear of the proposed use and noted that in the event that hot food is to be served, a kitchen extraction system would be required, with ventilation above the ridge of the roof in which case the Food & Safety Unit would also need to be consulted.

In respect of amendments to conditions, officers recommended that condition 5 be amended to restrict opening hours from a 23.00 to a 21.00 finish with a further condition restricting music to restrict sound through the walls given the adjoining residential use. 

Representations were received from the applicant in support of the application. She explained to members that this was a joint venture with a business partner and they happy with the suggested conditions. She confirmed they did not intend to sell alcohol and their intention was to close at 6.00pm in the evening. In response to concerns which had been raised about hosting hen parties and potential noise issues, she explained their hen do’s were aimed at families and those who wanted a nice tea rather than what most people thought of as a typical hen party. In response to a question about disabled access, and how customers, particularly those with a visual impairment, would move safely around the premises safely, the applicant agreed to look into this and take advice on how best to achieve this.

RESOLVED:             That delegated authority be given to officers to approve the application when the statutory publicity period ends on 15 February 2012, subject to consultation with the Chair and Vice Chair if any objections are received during this time and subject to the conditions listed in the report and the amended and additional conditions below.

                                    Amended Condition 5

The premises shall operate only between the hours of 07:00 and 21:00 each day of the week.

Reason: In the interests of the amenities of surrounding residential premises, given that it is proposed to have a cafe on the upper floors, this is in accordance with policy GP1 (i) and S6 of the Development Control Local Plan.

Additional condition 6

No live or recorded music shall be played that is audible outside of the premises.

Reason: In the interests of the amenities of surrounding residential premises, given that it is proposed to have a cafe on the upper floors.

REASON:                  The proposal, subject to the conditions listed in the report and the amended and additional condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the unique historic and retail character of the street, amenity and the architectural and historic importance of the listed building.  As such the proposal complies with Policies S4, S6 and HE4 of the City of York Development Control Local Plan.