Agenda item

Erection of covered shelter to create an external smoking area on existing rear flat roof.[Micklegate Ward]

Members considered a full application submitted by McMillans (York) Ltd for the erection of a covered shelter to create an external smoking area on the existing rear flat roof.

Officers updated that a revised drawing had been submitted; this now included an internal lobby with a double door arrangement. It also specified the use of Rockwool R45 sound deadening material within the stud partitioning walls. These measures are intended to address the possibility of noise breakout from the shelter. Officers also drew Members attention to Condition 3 in the report requiring the submission of a detailed noise management scheme, as recommended by the City of York Environmental Protection Unit.

Representations were received from the Applicant who stated that once the smoking ban came into force on July 1^st 2007 there would be the problem of where smokers could go. The applicant said that having an external smoking area as part of the premises was the best way of controlling smokers.

Members asked the applicant whether he would be happy not to have tables and chairs in the area. He responded that there would have to be places to put ashtrays. The applicant was also asked how he would address any noise issues that may arise and he clarified that if there were any complaints regarding the premises then the licence could be reviewed and it was therefore in his interests to keep all areas of his premises under control.

Members asked the Environmental Protection Unit if they were satisfied that the noise from this area could be controlled and they said that the proposed construction was of good quality but numbers in the area should be limited.

Members felt that it was better that patrons used an external area within the premises to smoke rather than going onto the street as it meant that the applicant would be responsible for matters such as clearing litter and keeping noise levels to a minimum.

Members said that they would like to see the use of door staff or CCTV in the area, as well as the use of ‘poser’ tables and a limit on the number of people in the area at any one time.

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

·                     Notwithstanding the submitted details, no tables or chairs shall be provided within the smoking shelter hereby permitted. Details of any furniture which is to be provided within the shelter shall be first submitted and agreed in writing by the Local Planning Authority.

Reason: So as not to encourage the use of the shelter as an outside drinking area/beer garden.

INFORMATIVE: The "bus shelter" type seats around the perimeter of the shelter are considered to be acceptable. The provision of "poser tables" is also likely to be acceptable, however, details should first be submitted in accordance with the terms of this condition.

·                     Prior to the development hereby permitted being brought into use, a CCTV camera shall be installed in order to monitor activity within the smoking shelter. Details of the location of the camera, and any associated monitoring points, shall be submitted to and agreed in writing by the Local Planning Authority. Once installed, the camera and monitoring points shall be maintained in perpetuity and shall be operational at all times that the smoking shelter is available for use by the general public, unless any variations are first agreed in writing by the Local Planning Authority.

Reason: In the interests of reducing and controlling incidents of crime, disorder and anti-social behaviour that may occur within the smoking shelter.

·                     The number of persons within the shelter at any one time shall not exceed thirty (30).

Reason: In the interests of minimising the likelihood of noise nuisance, in order to protect residential amenity.

REASON:                  In the opinion of the Local Planning Authority the proposal, subject to the conditions listed above, would not cause undue harm to interests of acknowledged importance, with particular reference to:

·                    Impact on character and appearance of the conservation area

·                    Impact on occupiers of neighbouring properties

As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies HE2 and GP1 of the City of York Local Plan Deposit Draft.