Agenda item

Enlarge cafe's outdoor seating area and erection of timber shelter. [Fishergate Ward]

Members considered an application for the erection of a permanent timber shelter to the front of the existing 52 Broadway Coffee Shop, to provide seating for up to 16 people.

Officers gave a presentation based upon slides on agenda pages 63 - 67 detailing existing property and prospective extension and design.

In response to Member’s questions it was confirmed:

·        The current gazebo was not a temporary proposal to cover covid restrictions.

·        A minimum of 2 metres would be needed as a gap for pedestrians to safely pass on the adjacent footpath.

·        Roll up doors to the front had been suggested to prevent encroachment onto the footway.

·        The applicant could use the space as a garage when not in use for the café.

·        The applicant did not own the land for the prospective building, however this did not fall under the planning remit.

·        There had been no material changes since the decision not to allow an outside seating area with the original planning application.

Public Speakers

Jayne Morrison, a direct neighbour, spoke in objection to the application stating the aesthetic did not blend with residential architecture. Mrs Morrison expressed concern with increased noise from customers, potential hub for anti-social behaviour, safety concern of restricted view when exiting her driveway and the ongoing nuisance of limited parking resulting in customers blocking her driveway.

Theresa Burn, the applicant, spoke in support of the application stating it was a local hub for the community with limited amenities. Mrs Burn reiterated the daytime operating hours, the noise levels being low in comparison to the busy road, no alcohol being served on the premises and the height of the building standing slightly taller that the neighbouring wall. In response to Member’s questions, she confirmed she would be open to altering the front doors to a roller shutter and the general design of the building. Mrs Burn explained her reason for expanding was due to the popularity and need for a community space and that an alternate premises was not an option due to personal limitations with illness.

Rebecca Eccles spoke in support of the application expressing the dedication the applicant had to the community and the support the application had received from customers. In response to Member’s questions Mrs Eccles believed the building would not attract anti-social behaviour like the neighbouring co-op due to the pleasing aesthetic.

Gerald Ward spoke in support of the application stating it was an important hub for the community, with a wide spectrum of customers and a necessity following the isolation of the pandemic.

In response to further questions from Members, officers confirmed that altering the doors could be added as a condition, however altering the building size would be a Member’s decision and require a deferral.

Following debate, Cllr Fisher moved, and Cllr Crawshaw seconded that the application be refused.

In accordance with the revised Standing Orders, a named vote was taken with the following result:

·        Cllrs Crawshaw, Daubeney, Fisher, Galvin, Melly, Perrett, Waudby, Webb and Hollyer voted for the motion.

·        Cllr Craghill voted against the motion.

Resolved: That the application be refused.

Reasons: 

(i)           The proposed shelter would abut the front garden of 54 Broadway.  In the absence of a noise impact assessment submitted by the applicant, concerns exist that noise from people using the structure would harm the reasonable living conditions of occupiers of the home and garden of number 54.  Furthermore, the structure would appear intrusive when viewed from the lounge and front garden of the property and the expansion would further increase the prevalence of parking across the home's driveway.  It was considered that the impacts were such that the proposal was unacceptable and would conflict with Central Government guidance regarding how an area functions contained within paragraph 127 (a) and (f) of the National Planning Policy Framework, and the fourth bullet point of policy D11 and the fourth bullet point of policy R2 of the Draft City of York Local Plan 2018.

(ii)         The proposed shelter would be located immediately in front of the existing shop front and conflict with the established building line in Broadway.  It was considered that it would appear cramped in its setting and incongruous.  As such, it was considered that the proposal  conflicts with Central Government guidance regarding  appearance and local character contained within paragraph 127 (b) and (c) of the National Planning Policy Framework, and the first bullet point of policy D11 of the Draft City of York Local Plan 2018.

(iii)        The proposed shelter would, when the doors were open, leave a gap of only 1.63m to pass on the adjacent footpath.  It was considered that more than one person passing, including, those pushing prams could be forced to step onto the roadway.  This was considered to be unacceptable in respect to the safety and convenience of pedestrians.  As such the proposal conflicts with Central Government guidance regarding  safety and accessibility contained within paragraph 127 (f) and paragraph 110 (a) and (c) of the National Planning Policy Framework, and policy T1 of the Draft City of York Local Plan 2018

[The meeting adjourned from 20:33 to 20:43]