Agenda item

Change of use of York Antique Centre (Class A1) to restaurant (Use Class A3) with installation 3 no. condenser units at rear. [Guildhall Ward] [Site Visit]

Members considered a full application from Mr Kaya and Mr Broome for a change of use of York Antique Centre (Class A1) to restaurant (Use Class A3) with installation of three condenser units at the rear.

With regard to the extraction system, Officers advised that comments had been received from the Environmental Protection Unit in relation to an internal attenuation system with an air intake and output via louvred openings in existing windows on the side elevation facing the side passageway between the Graduate and Zizi’s. This revised system would replace the originally proposed external extraction flue on the side elevation parallel to the existing flue for Zizi’s.

Officers confirmed that the Environmental Protection Unit would support the high level flue in preference to the revised internal system for amenity, efficiency and cost reasons. There is a door to a residential annex of the Graduate Pub opposite the louvres; the alleyway is quite enclosed which will also result in the kitchen air inlet recycling the exhaust air. The high level flue type of extract system is promoted by EPU, if installed correctly it effectively resolves potential cooking odour issues by venting accelerated exhaust gases into the atmosphere to dissipate naturally. This also has a cost benefit in most cases to the applicant as these systems are much cheaper to install and have a much lower running/maintenance cost.

Officers explained that the installation of a second high level flue would increase the level of visual intrusion on the listed building, particularly when viewed from Wellington Row on the opposite bank of the river, from the riverside promenade, and from the conservation area.

Members were asked to consider the impact of both methods of extraction and if all other matters of consideration were acceptable with the change of use application, they were asked to delegate authority to officers to approve the planning application subject to resolving the extraction system in line with Members’ views.

Representations were received from Raymond Barnes, the agent in support of the application. He made the following points:

·        The property had been on the market since it was vacated by the Antique Centre two years previously- The only interest has come from food and drink users - retailers have not shown interest due to the lack of a shop window - believe this is an acceptable use of the building.

·        Applicant prefers high level extraction option

·        The flue will not be particularly visible from Wellington Row – you would have to look very hard to see it.

Members acknowledged that the building would struggle to function as retail and were happy to support the change of use. They discussed the extraction flue and expressed the opinion that the higher flue would work better and be better for health and the environment. They did not believe this would be unduly obtrusive from the opposite bank of the river.

RESOLVED:       That delegated authority be given to officers to approve the application subject to resolving the extraction system in line with Members’ views and subject to the conditions listed in the report.

REASON:            The proposal, subject to the conditions listed in the report, and any other relevant conditions relating to the extraction system, would not cause undue harm to interests of acknowledged importance, with particular reference to the vitality and viability of the City Centre; the character and appearance of the Central Historic Core Conservation Area; and the amenity of surrounding residents. As such the proposal complies with Policies GP1, S6, and HE3 of the City of York Development Control Local Plan       (2005) and national planning guidance contained in the National Planning Policy Framework (2012).