Agenda item

To receive the report of the Chief Planning Officer on an application for change of use of ground floor from Doctors surgery/Pharmacy to Public Bar, two storey rear extension; beer garden area; external alterations including new doors and windows, condenser and extraction equipment to roof; new fencing and parking to rear at 39 Austhorpe Road, Cross Gates, LS15 8BA.

(Report attached)

With reference to the meeting of 15^th June and 13^th July 2017 and the decision to defer consideration of the application to enable officers to assess submitted information in respect of on-site parking, refuse, delivery arrangements and to allow sufficient time for both officers and the public to comment on the revised noise related information.

The Presenting Officer now submitted a further report which provided the latest submissions from the applicant, the latest comments from Highways Officers and Environmental Health officers and representations from Ward Members, Cross Gates Residents Watch Group and also other local residents/ third parties

The Chief Planning Officer read out a statement from Councillor P Grahame reiterating her general position as referred to in paragraph 6.2 of the submitted report and that resident’s concerns had been fully articulated to officers so as to achieve the revisions that had been made.

It was also reported that a further 16 letters of objection, which raised no new issues, had been received, 1 further letter of support, referring to issues previously made, had also been received. It was further reported that the Dental Practice had read the Panel report and were pleased officers and the applicant had addressed some of the issues of concern, however, reservations were expressed about the impact of noise and potential

Anti-social behaviour for patients and staff

Members noted the revised plans were now acceptable to Highways officers and the previously recommended reasons for refusal were no longer applicable. Environmental Health officers had considered the revised/ additional noise assessment and had raise no objections, subject to the imposition of appropriate conditions.

The Panel received representation from Mr E Judge and Mr K Furness, representing Crossgates Watch who were objecting to the proposal. Mr Judge informed Panel that the information contained in the noise assessment survey was inaccurate and could not be relied on. There was also other potential noise issues from activities taking place in the beer garden and also from patrons making their way home. The proposed service arrangements, deliveries, may be potentially dangerous to pedestrians. In certain places Austhorpe Road would be reduced from a width of 6m to 4.5m. Parking in the vicinity would also be difficult. Concern was also expressed about the proposed fire escape plans, suggesting they were inadequate for 550 customers, staff and staff from the Dental Practice, garden furniture and the 3m high fence would also contribute to fire safety issues.

Questioned about the accuracy of the noise assessment survey, Mr Furness suggested the readings of the survey were compromised by the noise of a motorbike in the area at the time the readings were taken.

Referring to the inadequacy of the fire escape routes, the Chief Planning Officer said it was not for the planning system to second guess other regulations.

The Panel also heard from Mr J Pyper, the applicant’s representative and

Mr S Naylor, a local resident, who both spoke in support of the application.

Mr Pyper informed Panel that the proposed development would create up to 50 full and part time jobs in the area. A similar development had recently been created in the Garforth area and this was considered as a huge success. He suggested that any noise associated with the operation of the proposed premises raised as an issue, could be addressed by condition.

Mr Naylor said that it was his view that the majority of local residents supported the application, Crossgates Watch did not represent the views of local residents. Mr Naylor said the existing building was an eyesore, if the application was to be granted it would regenerate the area.

Questioned by Members about the suggestion that the fire escape was inadequate, Mr Pyper said that the Architectural Plans complied with Building Regulations.

Responding to a questions about the number of deliveries per week, Mr Pyper suggested that 11 – 12 deliveries per week may be required for these particular premises and that Weatherspoon’s could adapt to meet the local road network.

The Chair sought further clarification about the noise assessment survey and the suggestion that the readings were compromised

Mr Chris Chittock (noise Consultant representing the applicant) said no increase in noise levels were monitored from the site. Referring to the suggestion that the readings were compromised, Mr Chittock said, there was a lot of misunderstanding by Crossgates Watch, the agreed measurement position was taken to assess the impact on the gable end of 15 Beaulah Terrace.

Questioned about the noise from moving empty bottles, Mr Pyper said “bottling out in an external area” would be subject to condition.

Members queried if there could be any compromise on the hours of use of the beer garden.

Mr Pyper suggested if there was excessive noise from the beer garden then a compromise may be justified.

In response to Members questions, the following were discussed:

·  The proposed build out on Church Lane would result in the narrowing of Austhorpe Road and may lead to queueing traffic

·  The proposed delivery area was very close to the bus stop and could lead to parking issues

·  There appeared to be a significant shortage of parking in the area

In responding to the issues raised, Officers together with the applicant’s representatives responded as follows: The proposed build out would allow for easier manoeuvring, Highway Officers were also of the view that this particular area was not a major conflict point because there were other manoeuvring locations on Austhorpe Road; Addressing the delivery area, officers confirmed that servicing could take place at the present time, the proposed build out would assist traffic turning onto Austhorpe Road and into Church Lane, Highway Officers expressed the view that North Road was not suitable for deliveries. On the issue of car parking Officers confirmed there would be an element of on street parking but not to the detriment of highway safety, the developers had also produced their own transport assessment which concluded there was no significant traffic impact.

In offering comments, Members raised the following issues:

·  Congestion along Austhorpe Road was a major concern

·  Parking in the Crossgates area would be difficult

·  Seek an increase in the off-site highway contribution to address any resulting problems

·  Consider an earlier closure of the Beer Garden with a possible review in 12 months-time

·  Consider reduced opening hours at the weekend (Friday/Saturday)

·  A further investigation of the loading arrangements was required, to also consider the position of the lift

·  Possible relocation of the bus stop

·  Concerns were expressed about the mixed use of the building

·  The existing building was an eyesore and development was welcome

RESOLVED – That the application be deferred for officers to undertake further negotiations in respect of the following:

·  To consider reduced opening hours for use of the Beer Garden

·  To consider reduced opening hours (for the entire pub) during the weekend (Friday/Saturday)

·  To seek an increase in the off-site highway contribution to address any resulting problems (with pay back clause retained if not required)

·  To revisit the proposed service arrangements – To include the utilising of North Road and/ or reducing the distance between service vehicles on Authorpe Road and the provision of a service lift to minimise potential for conflict with pedestrians

·  To seek further clarification regarding refuse collection – in particular relating to bottle collection

·  To seek a review of on-site parking with a view to increasing provision

·  Building Control to provide a view with regard to the suitability of the egress arrangements in the event of a fire 

·  To request the applicant to make contact with Dental Practice to seek an understanding of its future operation and any potential for relocation