Agenda item

Change of use from dwelling (Use Class C3) to Guest House (Use Class C1) [Guildhall Ward] [Site Visit]

Members considered a full application from Mr Nick Williams for the change of use from a dwelling (Use Class C3) to a Guest House (Use Class C1).

Officers circulated a written update to the committee which included comments made in correspondence received from the following people:

The applicants, stating:

·        The business will employ 3 staff

·        The business has the full support of Visit York

·        Only local suppliers will be sourced for provision to the business

·        The business will not affect the balance of residential v commercial properties in Precentors Court. 50% of the bedrooms at No 9 will be in use by the owners of the property who will be in full time residency. The 7 new town houses and 3 flats within the Purey Cust balance the amount of residential properties in the vicinity.

·        The business will not affect parking within the street due to the existing legal restrictions being in place and the location being very well served by local trains and busses. There is also ample room for dropping off

·        The applicant doesn’t own a car

·        The percentage of guests dropping off will be small due to 70% of people using train or using parking permits for local car parks. The permits will generate approx £2,500 per annum for York Council (based on max 1 car per day x £7 = 2 permits per overnight stay) with Marygate car park being the closest

·        Noise will not be an issue due to the rooms being in an owner occupied house and no access will be given to the guests to the walled gardens which will only be in use by the owners.

Visit York, in support, stating::

·        Change of use would benefit the City

·        The owners already run a successful B&B

·        Believe there is a genuine need for top level B&B

An objector stating:

·        NPPF states heritage assets are irreplaceable and not enough emphasis has been placed on this aspect

·        Application site is a heritage asset and so is the street and all the neighbouring properties

·        Approval would set a precedent

·        The change of use would not maintain or enhance the immediate area

·        Majority of visitors will arrive by car. Even if they arrive by train they are likely to get a taxi to the guest house, increasing traffic in the location

·        Lack of parking means it is not compatible with its surroundings

·        Visitors will park illegally

·        Illegal parking prevents residents cars from backing out or turning

·        Workmen at the site have blocked neighbours car in by parking illegally but these can be move as the owner of the vehicle is on site. If visitors leave their cars they may not be able to locate the owner as easily

·        Can a condition be added to restrict the use of the private garden

·        If approved it would have a serious impact upon highways, amenity of neighbours, noise and the general character of the area.

With the agreement of the Chair, two letters of objection were circulated to Members. Both senders raised concerns that they had not been consulted on the proposals.

The first letter from Mudd & Co, Chartered Surveyors acting as Managing Agent of The Purey Cust raised objections on the grounds of inappropriate development stating that it would lead to an unacceptable increase in pedestrian and vehicle traffic in a location where there is no off or on street parking provision.

The second letter, from the Very Revd Canon Glyn Webster, Acting Dean of York, stated that to change the use to a guest house would have a very negative effect on the whole feel of what is a very  significant little street in the heart of York in addition to the impact increased traffic would have on residents and the front of the Minster. He asked that the matter is deferred until the Dean and Chapter have been properly consulted on the application.

Officers confirmed that they had notified all parties which they are statutorily required to notify and had also put up a site notice as required.

One Member raised the point that if they granted change of use, a future owner may have something bigger in mind than a small luxury bed and breakfast operation. Officers advised that condition 4 stated that only four bedrooms may be used for guest accommodation. They explained that the use classes order provided flexibility but that if Members were concerned they could add a condition to prevent the premises being used for functions etc.

Representations were received from a resident of Precentors Court in objection to the application who was also speaking on  behalf of neighbours at 4 and 7 Precentors Court. He made the following points:

·        The  Minster still owns three properties on Precentors Court so should have been consulted on this application.

·        Potential for increased traffic. Vehicles already park illegally at the head of Precentors Court – parking situation may get worse.

·        Concerns about future use of the building – applicants may ask for an extension in future

·        There is no way to prevent residents from coming and going late at night. Increased noise will affect residents’ amenity.

·        Situated in York’s historic core. Some properties on street are listed.

He asked Members to consider the request from Very Revd Canon Glyn Webster to defer a decision until other interested parties have been given the opportunity to comment on the application.

With regard to consultation, officers confirmed that they had fulfilled legal requirements and Council policy by notifying those premises with adjoining boundaries and had put up a site notice in compliance with the requirements of the Development Management Procedure Order and Statement of Community Involvement.

Representations were received from the applicant in support of the application. He advised Members that he already runs Galtres Lodge Hotel and Michaels Brasserie on Low Petergate in York and that his intention is to open a luxury bed and breakfast at the premises while living there also. He provided the following information:

·        No food or alcohol would be offered.

·        Advised by Visit York that there was a shortage of this type of accomodation in York.

·        Will not be hosting hen/stag parties

·        RE parking concerns – 70% of existing guests use train. Will issues parking passes for guests to use Marygate. Only drops offs at the premises.

·        Do not intend to offer more than 4 guest rooms – content to  reduce this to 3 if Members so desire.

·        There is already one holiday let and another potential holiday let in the street.

With regard to concerns over increased traffic, Members acknowledged that when the Purey Cust operated as a hospital there would have been a significant volume of traffic using it and moving across the front of the Minster. They noted that even if the house was used solely by a family, they could potentially own 2-3 cars between them. However to allay objectors concerns in this area, they suggested that the owner could advertise on his website that taxis drop off guests at Bootham Bar to prevent additional traffic in Precentors Court.

Members considered adding a condition to prevent operation beyond that of a bed and breakfast and agreed that a condition be added to prevent the applicant from providing catering to persons other than those who are guests staying at the premises.

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

Additional Condition

There shall be no commercial functions undertaken at the premises and catering shall be provided only to guests staying overnight at the premises.

Reason: In the interests of the residential amenities of neighbouring properties and the character of the conservation area in accordance with policy HE3 and V3 of the Local Plan.

REASON:           The proposal, subject to the conditions listed in the report and the additional condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to the residential amenity of the occupants of the neighbouring dwellings, highway safety, and the character of the area. As such the proposal complies with Policies HE2, HE3, GP4a and V3 of the City of York Development Control Local Plan.