Agenda item

Conversion of existing retail unit (Use Class E) to restaurant and shop (Use Class E) at ground and basement level, and change of use of upper floors from retail (Use Class E) to a 64 key aparthotel (Use Class C1) including provision of additional storey on roof and associated external alterations (amended plans received) [Guildhall Ward]

Members considered a full application from Harrowells (No. 221) Ltd for the conversion of existing retail unit (Use Class E) to restaurant and shop (Use Class E) at ground and basement level, and change of use of upper floors from retail (Use Class E) to a 64 key aparthotel (Use Class C1) including provision of additional storey on roof and associated external alterations (amended plans

received) at T.K.maxx, 48 Coney Street, York.

The Head of Planning and Development Services gave a presentation on the application. The Development Management Officer gave an update advising Members of comments from the Conservation Officer, pre-commencement Conditions, and updates to errors on the published report. Members were advised that the additional information had been assessed and the Officer’s recommendation remains for approval subject to conditions.

In response to questions from Members, officers explained that:

The façade on the Coney Street entrance would be retained with minor repairs.

The windows on the Coney Street entrance were not being replaced and would have secondary glazing.

Public Speakers

Matthew Mortonson, Planning Agent for the Applicant, spoke in support of the application. He explained that it would be a restaurant and café occupied by Hard Rock Café. He advised that the Grade 2 façade on Coney Street would be retained and the Market Street façade would be changed following discussions at the design stage. He explained the economic benefits it would have on York including job creation. He added that it would be an improvement to the appearance of the building in a conservation area.

In response to questions from Members, Mr Mortonson explained that:

There had been discussions between the applicant and the police and the comments of the police had been noted.

Regarding potential archaeology being of national importance, there had been discussions with their own archaeologist that had been passed on the applicant.

The waste was kept at the service entrance on Market Street and there would be regular servicing of waste.

[The Head of Planning and Development Services advised that a condition on the management of the waste area could be added].

It was not anticipated that many people would be using cars to travel to the hotel. There was 12 cycle parking spaces and not all staff would be on site at the sane time.

Archaeology was conditioned and their archaeologist would be on site.

Honorary Alderman Brian Watson spoke in objection to the application. He supported the comments of Guildhall Planning Panel. He expressed concern regarding the impact of the building on the skyline and the principle of rooms with no windows. He noted concern regarding a licensed premises in the cumulative impact zone (CIZ) and acknowledged that this was a licensing, not planning consideration.

Members then asked further questions to officers to which they responded that:

The restaurant being in the CIZ was fell under licensing.

Planning permission was not needed for changes in use class E.

The application had to meet all six requirement of the draft Local Plan policy R1 (?) and weight had been given to the application being in the same use class (E) as retail use. The draft Local Plan policies R1 and R3 were outlined and it was confirmed that the under permitted development the Hard Rock Café could open as a shop and change to restaurant use. It was noted that the floor plans were conditioned.

TheHead of Planning and Development Services undertook to pick up the draft Local Plan policy with the forward plan tea.

The application had 12 cycle parking spaces which was deemed sufficient.

The extra height of the building was in line with neighbouring buildings.

There was a number of rooms with no windows which was acceptable for short term stays and customers would be made aware of the rooms. Fire evacuation would be covered by building regulations.

Following debate Cllr A         yre proposed that a vote be take on following up on a condition regarding policy R3 of the draft Local Plan. This was seconded by Cllr Widdowson. Following a vote with two Members voting in favour of the motion and nine against, the motion fell.

Cllr Crawshaw then proposed an amendment to Condition 15 to change to ‘Prior to first use of the premises for the purposes hereby permitted, provision shall be made for the storage of refuse bins of sufficient size within the site……’ This was seconded by Cllr Whitcroft. This was carried following a unanimous vote in favour.

Cllr Fisher moved the officer recommendation to approve the application with the Pre-commencement Conditions and amended Condition 15. This was seconded by Cllr Steward. Following a vote with ten Members in favour and one against, it was;

Resolved: That the application be approved with the Pre-commencement Conditions and amended Condition 15.

Reasons:

                     i.        To conclude the general principle of the new uses can be supported and will preserve and enhance an important section of the Primary Shopping Area in York City Centre. A mixed use will deliver and enhance the daytime and night-time economy, whilst providing tourist accommodation in a highly accessible location. The principle of development therefore accords with paragraphs 81 and 86 of the NPPF, and policies R1, R2, SS3 and EC4 of the Draft Local Plan (2018).

                    ii.        Taking into account the amendments made (to the design of the shopfront and roof extension), the proposal would aid in creating a viable use for the heritage asset whilst sustaining and enhancing the significance of the Listed Building and would preserve the character and appearance of the Central Historic Core Conservation Area, in compliance with paragraphs 197 and 202 of the NPPF and policies D1, D4 and D5 of the Draft Local Plan (2018).

                          iii.            Technical matters such as archaeology, cycle parking, noise, opening hours, ecology, waste and sustainability can be adequately addressed by condition. Overall, in applying the approach to decision-making established in the NPPF approval is recommended subject to conditions.