Agenda item

Change of use from retail (Use Class A1) to Bar/Restaurant (Use Class A4/A3) [Guildhall Ward] [Site Visit]

Members considered a full application from ARC Inspirations LLP for the change of use from retail (Use Class A1) to Bar/Restaurant (Use Class A4/A3).

Representations were received from Karen Waugh, the owner of Kennedy’s Bar in objection to the application. She expressed concerns about the loss of retail sites from the city centre. She stated that with regard to the number of bars, the Quarter was already at saturation point with 14 bars, some of which were already seriously under trading and questioned the need for another bar, which she said would also lead to an increase in noise and litter pollution in the area. She raised concern that the plans did not include details of the extraction system which was a vital part of the application.

Representations were received from Richard Lockey, the Architect, in support of the application. He explained that the unit had been empty since 2010 when Borders closed  and in 2011 the unit was split from the retail unit on Davygate.  It had been continually marketed with little interest. He stated that the proposals would create a cafe/bar serving quality food and would create around 75 jobs. He explained that the company had other bars including one in Harrogate and this development would follow the same design as the others.  He advised the Committee that he had liaised with officers regarding the design and if approved, the funding was in place and the development would move forward in the New Year. He confirmed that the unit had never been used as a stand alone retail unit.

With regard to change of use,. Members acknowledged that the principle of change of use had been accepted when the Committee had given permission for a youth cafe on this site. They expressed the opinion that there was little chance that it could ever be used for retail and considered this was a suitable and imaginative use of the building. They noted that there were other examples in the city where former churches had been converted into cafes/bars and this proposal would allow a derelict site back into use.

Members accepted that there were already a number of bars in the area and concerns over the effect on residential amenity and they noted the closing times of nearby premises. With regard to residential amenity, officers drew Members attention to conditions 4 (restrictions on emptying of bottles into bins), 5 (use of noise limitation devices to control music) and 6 (controls to noise output from plants) to control noise from the premises.

Councillor  Gillies moved and Councillor Galvin seconded a motion to approve the application subject to the conditions recommended by officers.

Councillor Watson moved, and Councillor Jeffries seconded, an amendment to approve the application but with a closing time of midnight to protect the  amenity of local residents. On being put to the vote, the amendment was lost.

RESOLVED:       That the application be approved subject to the conditions listed in the report.

REASON:            The proposal, subject to the conditions listed in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to the vitality of the city centre, the impact on the listed building, the character and appearance of the conservation area and the amenity of surrounding occupants. As such the proposal complies with Policies HE3, HE4 and S6 of the City of York Development Control Local Plan.