Agenda item

Use of the highway for tables and chairs to serve Il Paradiso Del Cibo and installation of french doors and canopy to side. [Guildhall Ward] [Site Visit]

Members considered a full application by Il Paradiso Del Cibo for the use of the highway for tables and chairs to serve Il Paradiso Del Cibo and the installation of French doors and a canopy to the side.

Officers advised the committee that a further representation had been received on behalf of the directors, owners and residents of the block of flats known as 1-6 Dixons Yard expressing their objections and raising the following points:

·        Officers did not support seating area at time of pre-application enquiry in May 2012.

·        Incorrect information from applicants regarding installation of French door

·        Impact of noise on residents of flats – impact on ability to let flats and affect sale values

·        Overdevelopment – number of customers are too great for size of premises

·        Refuse – close proximity of refuse area to seating area represents a health hazard. Bins are regularly overflowing.

·        Bins have now been moved and positioned on the pavement restricting movement on footpath.

·        Seating on Walmgate – area to front of property had been used as a pavement cafe for years, which is not safe. Tables have recently been removed.

·        Fire Safety – means of escape are currently compromised, as is disabled access

·        Licence for sale of alcohol does not extend to outside of restaurant leading to breach of licence by serving alcohol in from of premises.

·        Consumption of alcohol in the street  - nuisance from local drunks

Members acknowledged the problems regarding refuse but were advised that as this was not conditioned in the original change of use application, it could not be considered as part of this application.

Representations were received from Mr Barnes, the agent in support of the application. He explained that the outside seating area, comprising two tables, was enclosed by barriers with a canopy over in the colours of the Italian flag. The purpose of this area was for people to be able to sit and have a drink while they were waiting for a table to become available inside the restaurant. He stated that its impact on residential amenity was controlled by specified hours of operation with the outside area to be vacated by 9.45pm Mon to Sat and by 7.45pm on Sundays and no music to be played outside. He assured Members that the proposals would have no adverse impact on residential amenity. He confirmed that three bins, which were adequate for the needs of the restaurant,  were now parked by the wall.

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, causes no undue harm to interests of acknowledged importance, with particular reference to the vitality and viability of the city centre, the visual amenity and character of the conservation area, highway safety and residential amenity. As such, the proposal complies with Policies S6, S7, HE3, T2a, GP1 and GP18 of the City of York Development Control Local Plan (2005); and national planning guidance contained in the National Planning Policy Framework.