Agenda item

Change of use of estate agents (use class A2) to public house (use class A4) with manager’s accommodation. New shop-front. [Guildhall] [Site Visit]

Members considered a full application by Leeds Brewery Company Ltd for a change of use of estate agents (use Class A2) to public house (use class A4) with manager’s accommodation and new shop front.

In their update to Members, Officers suggested that if the Committee was minded to approve the application that a condition regarding the times of operation for the public house be amended from what had been originally requested by the applicants.

Representations in support were received from Michael Brothwell a representative for the applicant, Leeds Brewery Company. He informed the Committee that the brewery had worked closely with Council Conservation and Planning Officers and that the development was part of the proposed improvements to Kings Square. He added that the public house would employ local people, and that members of the public would be able to see architectural features within the building that had been previously hidden from view.

Questions from Members to the applicant’s representative related to whether the premises would contain TV screens, the level of catering and whether door staff would be employed.

The applicant’s representative responded that TV screens would not be on the premises, and that the public house would actively try and have food as a high percentage of the turnover of the business. He added that in his opinion, the business would struggle if food was not at the heart of the operation of the public house. It was also reported that there would be a trained member of staff to perform door duties. Children would also be permitted inside the premises.

Representations in object were received from Doctor Roger Pierce. He raised several concerns to Members such as;

·        That space above a shop nearby to the premises had been purchased for housing and this was not mentioned in the Officer’s report.

·        The need for assurances in writing regarding hours of operation and noise levels from the application.

·        That mechanical sweepers could not get down the main entrance to clean the exterior of the building in the early morning.

Finally he felt that the application should be refused due to harm on the existing character of the area, for current and future residents.

Some Members asked if a condition relating to cleaning could be attached to planning permission if they were minded to approve the application. Officers confirmed that these types of conditions could not form part of a planning permission.

During discussion some Members felt that the application was a reasonable use of the building and that the internal layout would prevent it being used as vertical drinking establishment. Others felt that the use of a vacant building would positively contribute to the appearance of the area.

Others expressed concerns that the public house would have a detrimental effect on the square, as a performance area. They felt that the building should be used for retail purposes only.

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

3.                          The use hereby permitted shall not be open to customers outside the following hours -

Sunday to Wednesday 09.00 to 23.30

Thursday to Saturday 09.00 to 00.30 (the following day)

Reason: To protect the amenity of surrounding occupants and the character of the conservation area.

REASON:           The proposal, subject to the conditions listed in the report and the amended 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 heritage assets and residential amenity. As such the proposal complies with Policies S3, S6, GP1, HE3, and HE4 of the City of York Development Control Local Plan.