Agenda item

Change of use to mixed use ground floor restaurant and first floor bar (retrospective) [Guildhall Ward] [Site Visit]

Members considered a full application from Mr Osman Doganozu for the change of use to mixed use ground floor restaurant and first floor bar (retrospective).

Officers advised that a further objection had been received which stated that the applicant had never had any intention of using the space as a restaurant as it had been fitted out as a bar which was a clear abuse of planning legislation. It raised concerns that, if this application was approved, it would open the floodgates to other abuses and could create a precedent.

Officers advised that Lunds Court Residents Association has also submitted an objection stating that these establishments were making residents lives a misery. They warned that, if approved, other drinkers would come here to take advantage of the 3am closing time resulting in additional noise, disturbances, vandalism and partying in the streets after 3am.

Officer recommended that condition 3 should be revised to require that details of the proposed electronic noise limiter be submitted and approved by the council.

Representations in objection to the application were received from the owner of an established menswear shop whose family home on Grape Lane was adjacent to the shop and which shared a party wall with the application site. She explained that life had been intolerable during the last six months since the opening of Bar Esperanza with music being played until 3am. She stated that from their bedroom they could hear the constant base beat of the music and noise from people from Lucia and Bora Bora gathered outside. Due to the noise they was unable to open the window so suffered in the summer heat. She advised Members  that further noise was created by emptying bottles into bins and from deliveries at unsociable hours.

Further representations were received from an objector. He stated that if both applications being considered today were approved, this would lead to increased noise disturbance for residents living in the city centre. He advised Members that there was evidence of a saturation of bars in this area, stating that Bar Kuga, next to Barley Hall, closed at Christmas due to not being able to find a tenant. He expressed anger that A3 consent had been given for the first floor and that the applicant had flagrantly abused the planning system by effectively using the premises as a nightclub. He raised concerns that if consent was given, this would open the floodgates for other similar applications in city centre.

Representations in objection were also received from a member of the public who used to have an office in Petergate and who had an  interest in the Swinegate area. He reminded Members that these premises were located within the central historic conservation area and this area had improved considerably and it was now a vibrant and interesting area to work, live and socialise. He asked Members to consider whether approving the application would improve or be detrimental to the area pointing out that the consequences of people drinking into the early hours were now evident for everyone to see.

Officers drew Members attention to proposed condition 5 which allowed the use until 3am and explained that this was based on what officers thought was reasonable, alongside the noise mitigation conditions, based on the fact the venue was in the city centre and was surrounded by other bars and restaurants but also by residents.  They reminded  the Committee that this condition also gave a one year temporary permission for the use of the outside area in order that noise could be assessed and advised this should read 1 September 2013 not 2014.

Members made the following comments:

·        Over last 6 months or so there has been an influx of complaints about how the area has turned into more of a high noise area. There have been complaints by visitors about drunkenness in the area.

·        Due to the application be retrospective, we know how the 3am closing time is having a detrimental effect on the amenity of nearby residents and have to take this into account.

·        The  area has been developed as mixed use and is now a vibrant and lively area. It is a compact but important area that needs protecting.

·        Because of the arrangement of buildings in the area, noise is funnelled and exacerbated.

·        Some changes in patterns of use have been detrimental to residential use. We feel we may have lost some control about way businesses are now operating in the area and now need to look carefully at this. Consent was granted for a restaurant but this is now turning into a late night drinking establishment.

Members agreed that if they were to approve  the application, it would be necessary  to impose severely restricted hours in order to protect the amenity of residents and to protect the mixed use and historic character of the area. They agreed that it would also be necessary to impose a condition relating to the clearing up of bottles into bins, in order to prevent further disturbance to residents.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the amended and additional conditions below.

Amended Condition 3

Within 28 days of this permission being granted, full details of an electronic noise limiter to be installed within the premises shall be submitted to and approved in writing by the local planning authority. The approved noise limiter shall be installed within 28 days of written approval and thereafter amplified music shall be played through the device at all times and it shall be set at a level such that no music and/or bass beat is audible within nearby residential properties.

Reason : In order to protect the amenity of residents and in the interests of the character of the Conservation Area.

Amended Condition 5

The use shall only be open to customers between the following hours: 08.00 to 24.00 (Midnight) on any day.

Reason: The premises are within an historic mixed use area with a significant residential population which contributes to the character and appearance of the conservation area. The hours of operation have been restricted in order to protect the living conditions of nearby residential property, the character and appearance of the conservation area and the environmental qualities of the area from the effects of late night noise and disturbance in accordance with policy S7 of the Development Control Local Plan.

Additional Condition

Bottles and glass shall not be placed into bottle bins between the hours of 24.00 hours (midnight) and 08.00 hours on any day.

Reason: To protect the living conditions of adjacent residential occupiers in accordance with policy S7 of the Development Control Local Plan.

REASON:            The proposal, subject to the conditions listed in the report and the amended and additional conditions above, would not cause undue harm to interests of acknowledged importance, with particular reference to the character and appearance of the Central Historic Core Conservation Area and the amenity of surrounding residents. As such the proposal complies with Policies S6, S7 and HE3 of the City of York Development Control Local Plan.