Agenda item

Proposed mooring of floating coffee bar with waiter serviced seated area on the river bank ( April- September, inclusive ) [Guildhall Ward]

Members considered a full application submitted by Mr Gill for the proposed mooring of a floating coffee bar with a waiter serviced seated area on the river bank (April – September, inclusive).

Officers recommended that an additional condition be added regarding the relocation of a public bench that is currently located in the proposed seating area.

The Chair queried whether the mooring was to the north west of Lendal Bridge as stated in the report and it was clarified that the mooring was to the north east of Lendal Bridge.

Representations were received from the Inland Waterways Association Secretary who was in favour of the application but had some reservations. He was unclear how the mooring would work as the applicant was planning on packing up the café every night and taking the boat away. The representor was concerned that in the height of the season the applicant would not be able to find a free mooring and therefore would not be able to set up the café. He also raised concerns about how many moorings would be free during the Dragon Boat Races or other events where the river was used heavily. He said it would be preferable for the applicant to have a permanent mooring rather than a temporary one where he had to take pot luck everyday on availability.

Representations were also received from the applicant who said that he had chosen the site because it was screened from the Museum Gardens by the trees. His boat was painted in traditional colours and the tables and chairs used would be as per council directive. The boat would be moored from 08:00 to 18:00 hours and all trace of the café would be removed every night. The applicant said that he was happy not to trade through any festivals involving the river if he was given advance notice of when these would occur.

Members asked how long the applicant thought it would take him to ‘pack up’ each evening and the applicant thought it would take approximately 30 minutes as it was a matter of moving 10 tables and 40 chairs.

Officers clarified that the moorings were for a 48 hour period and they cannot be booked in advance.

Members asked whether there were any toilet facilities on board for the staff and the applicant said that there were facilities on board for the staff but not for the public. The applicant confirmed that there would be no public access to the boat.  Members also asked the applicant whether he would be displaying a sign board and the applicant confirmed that all signage would be on the boat itself. Members asked the applicant to clarify whether he would be putting a barrier around the tables and chairs once they were on the riverbank and he said that he would.

Some Members welcomed the application and said that there was a need to extend the availability of the hours of trading for the summer months. Members also said that there would have to be a substantial boundary fence around the furniture on the riverbank to ensure the health and safety of the members of the public using the café.

Some members said that the whole principle was that boats come and go and so it was not unreasonable to presume that the applicant would need to pack up the café each evening and vacate the mooring.

Some Members thought that the beauty of this stretch of the riverbank was that there was no commercial activity along it and it was therefore a peaceful place to be. They thought the café would be too obtrusive for the locality.

RESOLVED:             That the application be approved subject to the conditions outlined in the report and the following additional and amended conditions:

(i)                 The bench sited in the proposed seated area that would require removal shall be located to a site agreed with the Local Planning Authority.

Reason: In the interests of the users of the river bank and in the interest of visual amenity.

(ii)               The use hereby permitted shall be confined to the following hours:

Monday- Sunday (Including Bank Holidays)  - 0800-2000 hours

Reason: To minimise the impact that noise could potentially have on the nearby residents.

REASON:                  The proposal, subject to the conditions listed in the report and above, would not cause undue harm to interests of acknowledged importance, with particular reference to: -

-        The visual amenity and character of the conservation area and the adjacent listed garden

-        The use of the river including navigation and safety

-        The amenity of the neighbours

-        Users of the adjacent public highway

-        Flooding

As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan; Policies HE2, HE3, HE4, HE12, L4, GP15a and GP1 of the City of York Development Control Local Plan – Incorporating the Proposed 4^th Set of Changes; and national planning guidance contained in Planning Policy Statement 1 “Delivering Sustainable Development,” Planning Policy Guidance Note No. 15, “Planning and the Historic Environment” and Planning Policy Statement 25 “Development and Flood Risk.”