Agenda item

Change of use from retail (use class A1) to mixed use retail with cycle repair facilities, cafe/restaurant and drinking establishment (use class A1/A3/A4) with 1no additional flat on first floor (use class C3) [Micklegate Ward] [Site Visit]

Members considered a full application from Mr Terence Ashton for the change of use from retail (use class A1) to mixed use retail with cycle repair facilities, café/restaurant and drinking establishment (use class A1/A3/A4) with one additional flat on the first floor (use class C3).

Members questioned whether there was a potential for disturbance within the forecourt seating area if tables and chairs were left out once this area had closed. They also raised the issue of the toilet facilities being located close to the adjacent property and the effect in respect of smells, noise and privacy on the neighbouring property and officers responded to these issues.

Laura Moynihan, a neighbour, spoke in objection to the application on behalf of all those residents who had objected, a number of whom lived on Darnborough Street. She expressed the following concerns:

·        The position of the toilets raised issues of privacy - from her property she could see directly into the skylights of the toilets and therefore customers using the facilities would also be able to see into her property.

·        The toilets would vent into the alleyway. Work had already been undertaken to alleviate damp, additional vents could exacerbate this problem.

·        Use of the outdoor seating area could cause noise and disturbance to residents in Darnborough Street.

·        Darnborough Street was a narrow road with parking on one side – the proposals could lead to an increase in traffic on this road.

Mr Peter Kilbane, the applicant, spoke in support of the application. He advised that:

·        he had set up many local communities initiatives and would use his experience and skills to set up a viable business.

·        the proposals would allow Cycle Heaven to keep a presence on Bishopthorpe Road and would create a meeting place for local community.

·        he had consulted with neighbours in writing and at meetings regarding the proposals.

Mr Shrimpton, managing director of Cycle Heaven, owner of the property and partner in this enterprise also addressed the committee in support of the application. He advised that:

·        he was passionately committed to the neighbourhood. He had organised the  first street party 5 years ago, set up the website Bishyroad.net which led to the founding of the traders association.

·        cafés had altered the culture of Bishopthorpe Road. None of the local pubs offered food, other cafés were closed in the evening and restaurants only served full meals.

·        the proposals would incorporate cycle workshop, cycle accessory retail and cafe. The cycle café formula was a tried and tested business model and would allow Cycle Heaven to remain in street.

Members offered their support for the proposals which they felt would bring something new to the street and enhance what was already a good area. They felt that the development has been well thought out with consideration given to residents.

To address the concerns about the potential for disturbance outside once the customer seating area has been closed to customer, members agreed that condition 6 should be amended to require the owners to remove the outdoor furniture from the forecourt at 8pm and store it within the premises overnight.

With regard to the privacy in the toilets, it was agreed that a condition be added to require these windows to be obscure glazed and have window limiters fitted to restrict their opening. A condition requiring details of the external venting from the toilets would also be added.

Resolved:  That the application be approved subject to the conditions listed in the report, the amendment to condition 6 to require outdoor furniture to be removed at 8pm and stored within the premises, and additional conditions to require the toilet windows to be obscure glazed with opening limiters, and to cover external venting to the toilets.

Amended Condition 6 (now condition 7) – Use of the forecourt

Prior to first use of the forecourt as a customer seating area, a plan of the external layout and details of the position and design of the enclosure shall be approved by the Local Planning Authority. The seating area shall be set out in accordance with the approved plan and not extend beyond the annotation on

the approved ground floor plan and shall leave adequate space for circulation. Only customers sat at the tables shall be allowed to use the area.

The forecourt shall not be used by customers after 20.00 each day of the week. Outside the permitted operating hours of the outside seating the furniture shall be stored within the premises.

Reason: In the interests of residential and visual amenity, in accordance with paragraph 17 of the NPPF.

Additional Condition 13 - Rooflights

The rooflights to the toilet areas shall be obscure glazed and fitted with restrictors that prevent their opening by more than 100mm.

Reason: In the interests of residential amenity.

Additional Condition 14 -  Vents to the toilets

Details of the location and design of any external vents to the toilet areas shall be submitted to and approved in writing by the Local Planning Authority prior to their installation and installed in accordance with the approved details.

Reason: In the interests of residential amenity.

Reason:     The proposed use is primarily to serve the local community and allows comprehensive use of the building.  The former use has relocated.  Planning conditions are proposed to the extent that the proposed use would be compliant with Local Plan policy S6, which relates to cafes/restaurants/bars and residential amenity.  In principle the development accords with planning policy, in particular the thrust of the NPPF to grow the economy in a sustainable way.  There would be no material impact on the highway in terms of deliveries, considering the historic commercial use of the site, and there is not adequate evidence that comings and goings of customers would have an undue effect on highway safety.