Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for the variation of Condition 3 (Opening Hours) of approval 16/03208/FU to allow opening hours: Monday to Thursday 10:00 to 01:00; Friday and Saturday 10:00 to 02:00 and Sunday 10:00 to 00:00

The report of the Chief Planning Officer asked Members to consider a retrospective application for a variation of condition 3 (opening hours) of approval to allow opening hours on Monday to Thursday 10:00 to 01:00, Friday and Saturday 10:00 to 02:00 and Sunday 10:00 to 00:00 at unit 2 Ledgard Way, Armley, Leeds, LS12 2ND.

 

Members were provided with an update on the marquee currently erected on the site was being used as a smoking area. The applicant had been advised that planning permission would be required. It was noted that the applicant was going to remove the marquee.

 

Members were informed that since November concerns had been raised that users of the club had been using nearby residential streets for parking. This had raised concerns of highways safety issues. This issue had been checked but were unable to determine that those parking in the area were using the club. It was noted that highways safety would only be compromised if the cars were parked dangerously, such as close to junctions.

 

Members were asked to note a further email from Rachael Reeves MP who made further comments objecting still on the following grounds:

·  Too close to residential area;

·  Close to busy centre;

·  Not discreet in advertising;

·  Current times restrict activity when children are less likely to be around;

·  Early morning opening increased disturbance to residents;

·  That the club advertises group bookings for up to 250 people and that the car park not adequate for these numbers; and

·  Close to Armley Primary School.

 

Members had visited the site earlier in the day. Photographs and plans were shown throughout the presentation.

 

Members were advised that the signage outside the club was under investigation. However it was not under consideration at this meeting.

 

Members were informed that Pandora was a private members club which had been given approval in 2016.

 

Recently, Steam Complex whose premise had been burnt down, had been using the facilities at Pandora for their clientele.  Members were informed that this was the reason for the application to vary the opening hours. The original hours approved were:

·  19:00 to 00:00 Monday to Thursday and Sunday

·  19:00 to 02:00 Friday and Saturday

 

Members heard that the application before them was for an extension to the operating hours. The hours requested were:

·  10:00 to 01:00 Monday to Thursday

·  10:00 to 02:00 Friday and Saturday

·  10:00 to 00:00 Sunday

 

Members were advised the use of the premises was lawful and that the business were operating within current planning permission.

 

Members were informed that the main issue of concern was whether the increase in hours would impact on the number of people visiting the premises and whether this would have an impact on noise and disturbance in the area.

 

The Panel heard that no complaints had been received in relation to noise and disturbance.

 

Members noted the advice of the Architectural Liaison Officer who works with the Police that this type of premises are generally self-policing as they operate discreetly and do not tend to have a drinks licence.

 

The car park was considered to be adequate for the demand taking into account other units using this car park at similar times.

 

There was no impact on amenity or highway issues. However there was acknowledgment of local feeling.

 

Ward Councillors Alison Lowe and Jim McKenna attended the meeting and spoke against the recommendation.

 

Cllr. Lowe informed the Panel of the follow:-

·  Not about the business operating in Armley but about the impact of extension of hours on constituents;

·  That residents voices were not being heard;

·  That residents were distressed about the location of these premises;

·  Car parking was not adequate

·  Impact on children going to and from school

 

Cllr. Lowe asked that the application be refused in total. She was aware that the Panel may not be able to refuse and requested that consideration be given to restrict the hours asked for.

 

Cllr. Lowe went on to say that Pandora had been breaching planning permission of 2016 since day one. She explained that it had nothing to do with Steam but that Pandora had been opening whenever they wanted to.

 

Armley Ward Councillors were requesting a restriction up on hours requested and provided the following times for consideration of the Panel:

·  Monday to Friday – 5pm till Midnight

·  Saturday 1:00pm to 01:00am

·  Sunday 2:00pm till Midnight

The Panel were informed by Cllr. Lowe that they wanted a later opening time on Sunday as this was a day for family activities such as going to church.

 

Cllr. McKenna thanked officers for including the representations from local people, local councillors and the local MP within the report. He said that he echoed what Cllr. Lowe had said. He was of the view that officers needed to consider local people not just the applicant.

 

Cllr. McKenna said that the premises were currently operating legally 39 hours per week. He was of the view that they were exceeding these hours and now were proposing to operate 105 hours per week. He said this was an increase of 270%.

 

Cllr. McKenna informed the Panel that Pandora had not shown themselves to be good neighbours he said that they had not once requested to meet with local councillors or the local MP and as far as he knew they had not met with local residents.

 

Cllr. McKenna went on to say that he was of the view that the signage was too large. It was his opinion even with the extended hours these would be breached. He explained to the Panel that prior to Steam burning down they had applied for a 24 hour operation which included facilities for overnight stays.

 

Mr Mark Hooper the agent attended the meeting and informed the Panel that the extra hours were to enable Steam Complex to operate. He said that both businesses would be using the same facilities and this was the reason for the application. Mr Hooper explained Steam Complex would use the facilities between 10:00am and 6:00pm, then Pandora would use the facilities from 7:00pm to close.  

 

Mr Hooper explained that Steam Complex prior to it burning down had been located on a residential street where there had been a good relationship with the residents and West Yorkshire Police. He said that the premises also did good work in the community offering health screening services.

 

Mr Hooper informed Members that Steam Complex wished to stay in Armley. He said that most of the customers using Steam Complex were 45 years plus and were just ordinary people going into a building.

 

Mr Hooper said that the car park was not used by the car wash business that the pet shop used the far end of the car park and that there was sufficient parking for clients using Pandora.

 

Mr Hooper in response to Members questions said:-

·  That the operation would stick to hours as requested;

·  He would speak to the owner of Pandora to reduce the sign as a gesture of good will;

·  That he was not aware of any consultation with residents as there were no direct neighbours. However he had had a good relationship with residents near his previous premises.

 

The Panel gave careful consideration of all the information presented to them and discussed at length all the issues raised.

 

At the conclusion of Members discussions the Panel were of the view that further discussions were needed with the applicant, officers and Ward Councillors.

 

RESOLVED – To defer the application for further negotiations to reduce hours of opening particularly through the daytime hours.