Agenda item

Change of use to a restaurant and/or drinking establishment (A3 and/or A4 use class) and associated external alterations [Guildhall] [Site Visit]

Members considered a full application by Rushbond Plc for a change of use to restaurant and/or drinking establishment (A3 and/or A4 use class) and associated external alterations.

In their update to Members Officers reported that;

·        The National Planning Policy Framework (England) paragraphs 58 and 69, state that planning policies and decisions should aim to ensure that developments create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion. The practice guidance states designing out crime and designing in community safety should be central to the planning and delivery of new development.

·        The proposed use would also require a premises license. Officers note that the site is situated within the City of York Cumulative Impact Zone. City of York Council as Licensing Authority under the Licensing Act 2003, now have in place a special cumulative impact policy for the area. This policy clearly identifies the area as being under ‘stress’, because the cumulative effect of the concentration of late night and entertainment premises has led to serious problems of disorder and/or public nuisance affecting residents, visitors and other businesses.

Representations in support were received from the agent for the applicant. He felt that the application should be approved as it would lead to increased employment opportunities in the area. He also believed that it would have no impact on the Conservation Area. The agent outlined that the shop located at the front of the building was under a separate lease with a separate owner. The current lease on the Laura Ashley shop on the ground floor had expired. He clarified that the applicants had received interest from potential operators in occupying the whole of the building.

Representations were received from the Ward Member Councillor Watson. He objected to the applications on the following grounds;

·        Loss of retail opportunities.

·        That the area was rapidly being occupied by drinking establishments.

·        That residents did live in the area, and that it was becoming marked by high crime levels.

·        Noise levels were created during the week as well as at the weekend.

·        That this area was currently under greater amounts of stress, which was why the licensing Cumulative Impact Zone (CIZ) had been extended.

During discussion Members made the following comments;

·        That the Laura Ashley unit would be cut in half and would not survive if the application was approved.

·        That if a person lived in town then they must expect to hear some noise.

·        That Members could not do much with the Laura Ashley retail unit if the lease had expired.

·        That although the CIZ was not a planning matter mention of how the application was located within it did demonstrate local concerns.

·        If the full building was in use it might increase the vitality of the street.

·        However, there was a low interest in retail properties on the street, as empty shops were located directly opposite the site.

Some Members moved refusal on the grounds that there was an overprovision of bars in the area, the loss of retail opportunities and the amenity of residents in the wider area. Other Members added that there was the risk of problems of public nuisance and disorder on the area that would be caused by the approval of the application.

Other Members questioned if the application was rejected whether the Council would lose on a planning appeal. Officers advised that Members needed to be clearer on their concerns when giving reasons for refusal, for example if Members had concerns over the both restaurant and bar uses.

Resolved:  That the application be refused.

Reason:     The proposed change of use would lead to the loss of a retail premises and the introduction of a further bar/restaurant. There would consequently be an undue concentration and dominance of restaurants and drinking establishments in the street. There would be an undue detrimental effect on the character of the area, its retail offer and the vitality of the street, contrary to Local Plan policy S5: "Non-Retail Uses in other Shopping Streets" which requires that proposals do not harm the vitality of individual streets and which is considered to be in accordance with section 2 of the National Planning Policy Framework.