Agenda item

Creation of smoking terrace including erection of 2.1 timber panels with galvanised steel frame, floor mounted umbrella

and associated works to the rear of 92 Micklegate [Micklegate Ward}

Members considered a full application submitted by Luminar Terrace Limited for the creation of a smoking terrace including the erection of 2.1 timber panels with galvanised steel frame, floor mounted umbrella and associated works to the rear of 92 Micklegate.

Officers updated that:

·        Highway Network Management had no objections to the application

·        Design, Conservation and Sustainable Development: The escape doors, to be finished in galvanised sheet, are plain and do not match the other doors which have applied mouldings. These doors should match the existing ones and their mouldings. The fire doors could be dressed to match.

·        Objections had been received from the York Backpackers on the following:

o       The site is 35m from the nightclub which is open until 4am and there were concerns regarding noise from people using the shelter and from music in the building when the doors are opened.

o       Noise from persons – this would be in short sharp bursts opposed to a steady noise level and could have an adverse effect on people trying to sleep.

o       Noise escape when people go outside – people naturally talk louder when they have been exposed to loud music.  The noise assessment does not take into consideration noise levels if both doors to the outside were left open.

o       They ask that noise levels are no more than 5decibels above ambient noise levels or 3decibels in summer when windows may be open.  If permission were granted this should be a condition of approval.

o       They currently place younger guests at the rear, to prevent them being exposed to noise and disturbance (including bad language and acts of public disorder)  associated with Micklegate.  They were concerned there would have be a similar affect at the rear.

o       The proposed timber structure would harm the visual amenity of the area as it was in the conservation area. 

Members felt that the occupancy level of the smoking terrace should be set to a maximum of 40 persons at any one time. They also felt that the doors facing onto Toft Green should match existing ones.

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

1.       The escape doors onto Toft Green shall be finished / faced with panels to match the existing doors on the

premises that face Toft Green.

               Reason: In the interests of the appearance of the building.

2.       No more than 40 persons at any one time shall use the smoking terrace.

Reason: To prevent noise nuisance.

REASON:     The proposal, subject to the conditions listed above and those in the report, would not cause undue harm to interests of acknowledged importance, with particular reference to the special historic interest of the listed building, the character and appearance of the conservation area and amenity. As such the proposal complies with Policy E4 of the North Yorkshire County Structure Plan (Alteration No.3 Adopted 1995) and Policies GP1, HE3, HE4 and S6 of the City of York Local Plan Deposit Draft.