Agenda item

Change of use from public highway to customer seating area in connection with existing cafe use at 39 Goodramgate. [Guildhall] [Site Visit]

Members considered a full application by Ms FM Abelidis for a change of use from public highway to customer seating area in connection with existing café use at 39 Goodramgate.

In their update to Members Officers reported that they had received the following comments from the Civic Trust;

The Civic Trust felt that the application it was inappropriate in this location as Goodramgate was a narrow street much used by Blue Badge Holders.

Representations in support were received from the applicant’s partner. He felt that the traffic flows on Goodramgate were sparse and informed Members that if blue badge owners parked their vehicles in the space occupied by the tables before the café’s operating hours (11 am- 4 pm) then café staff would have to wait until the blue badged vehicles had moved. It was noted that the tables would only be used during fine weather and would not be in place when blue badged vehicles were parked. Finally, the applicant’s partner felt that the length of the tables to be used (which were 3 metres long) would provide sufficient space for a vehicle to reverse out into the road.

Representations were received from the Ward Member, Councillor Watson. He informed the Committee that Goodramgate was used frequently for illegal parking. He felt that it would be dangerous to approve the application due to the possibility of accidents occurring and that it would be unclear as to who would be responsible for this.

During discussion Members raised the following points;

·        For those with guide dogs or used a stick, it would be difficult to predict if someone was coming out of the café with hot food.

·        There were too many obstructions to people walking along the street.

·        That pavement seating existed in the city in roads where vehicles were restricted and also where the seating area was not adjacent to the café.

Councillor Galvin questioned how many days a year the customer seating area would be used and whether it should be approved with twelve month’s temporary planning permission in order to monitor any problems.

Councillor Galvin moved a motion to approve the application with a temporary twelve month permission. Councillor Watt seconded this.

On being put to the vote this motion was lost.

Councillor Douglas moved a motion to refuse the application, this was seconded by Councillor Fitzpatrick.

On being put to the vote this motion passed.

Resolved: That the application be refused.

Reason:   The proposed development would have an undue detrimental impact on highway safety and would also impede pedestrian movement. The pavement is only approximately 1m wide in this area and the street is heavily used by vehicles throughout the daytime. As such the proposed outside seating area would be a hazard for users of the facility and pedestrians and detrimental to the vitality of the street. The proposal would conflict with paragraph 35 of the National Planning Policy Framework, which requires developments to create safe and secure layouts which minimise conflicts between traffic, cyclists and pedestrians and avoid street clutter.