Agenda item

Change of use from shop (Use Class A1) to restaurant and cafe (Use Class A3) and alterations to shopfront. [Guildhall Ward] [Site Visit]

Members considered a full application from York Hogroast Ltd for the change of use from a shop (Use Class A1) to restaurant and café (Use Class A3) and alterations to the shopfront.

Officers advised that condition 5 should be revised to include reference to the proposed Rationale cooker system in response to amended extraction details received.

In response to a query which had been raised during the site visit regarding catering premises in the area, Officers circulated two maps to Members which showed the distribution of restaurants, cafes, public houses and takeaways close to the crossroads of Low Petergate, Church Street, Goodramgate and Kings Square. Officers advised that two premises, one hot food takeaway and one cafe, both on Church Street had recently changed their use to a shop. If this application was approved, it would mean the non retail frontage of Low Petergate would be 33 percent.

Members questioned whether any restrictions had been proposed to the opening hours. They noted that nearby YO! Sushi was restricted to 9am to 11pm but acknowledged 78 Low Petergate was a much smaller unit. They noted that the applicant intended to apply for a premises licence,

Representations were received from Ms Taylor-Hemingway, agent for the applicant. She explained that the company was starting to diversify from hotfood takeaway to cafe operation and that they had recently opened a cafe in Chester. She stated that the company had worked hard in conjunction with the conservation officer to ensure that the proposals would preserve and enhance the listed building. Seating would be on the ground and first floor around the existing fireplace. The development would provide job and training opportunities for local residents. She stressed that no objections had been received during the conservation period. In response to questions from Members, she confirmed that disabled access and toilet facilities would be available on the ground floor. With regard to opening hours, she confirmed that their intention was to apply for a premises licence and they hoped to stay open until 1am on some days of the week.

Members noted that the existing Hogroast is open until 1am Friday and Saturday nights and 11pm other days and that the owner did not intend to apply for a liquor licence as they did not intend to serve alcohol.

Members agreed it would be sensible to impose a condition to restrict opening hours, to take into account the amenity of nearby residents and future use of the premises and agreed that this should be 8am to 1am the following day.

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

Amended Condition 5

Full details of the proposed RATIONALE cooker system or the

alternative scheme for the treatment and extraction of cooking odours through the use of the chimney stack, shall be submitted to the local planning authority for approval. Once approved, the scheme shall be installed and fully operational before the proposed use first opens and shall be appropriately

maintained thereafter.

Reason: To protect the amenity of residents and local businesses.

Additional Condition

The hours of operation of this approved use shall be confined to between 08.00 and 01.00 on the following day.

Reason: To safeguard the amenities of adjoining and nearby occupants.

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 vitality and viability of the city centre, the impact on the character and appearance of the conservation area and the listed building, and the amenity of neighbours. As such the proposal complies with the provisions of the National Planning Policy Framework and Policies S3, S6, S7,HE3 and HE4 of the City of York Development Control Local Plan.