Agenda item

To Consider the report of the Chief Planning Officer for a variation of condition 23 (Opening Hours) at Meanwood Park Café, Three Cottages, Green Road, Meanwood, Leeds LS6 4LD.

(Report attached)

The report of the Chief Planning Officer sought approval of a variation of condition 23 (opening hours) of planning application (12/00466/FU) to allow opening hours of 08:00 hours to 22:00 Monday to Thursday; 08:00 to 23:00 hours Friday to Saturday and 09:00 to 22:00 hours on Sundays and Bank Holidays at Meanwood Park Café, Three Cottages, Green Road, Meanwood, Leeds, LS6 4LD.

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

Members were advised of the following points:

• This is a grade II listed building located at the opening of Meanwood Park
• Local Ward Councillors had objected to the proposals. It was also noted that Councillors. Bentley and Gibson of the neighbouring ward of Weetwood had also raised concerns which were set out at 1.2 of the submitted report.

·  106 letters of objection and 121 comments of support had been received. It noted that a number of the objections raised concerns in relation to noise implications of the proposed extended opening hours.

·  Members were advised that the nearest residential property was located 45m away to the south of the proposed premises.

·  Members were informed that this site had recently been granted a Premises Licence which proposed late night drinking within the establishment and for music to be played within the site. Members noted that the restriction of the premises to a café/ restaurant would mean that the sale of alcohol cannot become the predominant business model for the site;

·  Highways had raised no issues with the proposals in relation to impact on surrounding roads;

·  It was noted that the applicant had now signed the correct certificate of ownership. Following the submission of a revised ownership certificate and the service of the required Notice by the applicant on the freeholder of site the recommendation is amended to:

§  Defer and delegate the grant of planning permission to the Chief Planning Officer pending the expiry of the period of the Notice served on the freeholder of the site. In response to the receipt of the Notice should the freeholder make representations that raise significant new material planning considerations the application will be reported back to Panel for determination

·  Cllr. Bentley wanted the following to be highlighted to Ward Members:

§  When the 2012 permission was granted it was deemed necessary to protect residential amenity through a restriction on opening hours. But paragraph 10.3 of the officer report fails to demonstrate an change in circumstances since the 2012 permission was granted and why the residential amenity can be less protected

§  The applicant describe the premises now as a ‘bar’. Could some criteria be established and conditioned in any permission that would trigger a change of use application if the bar business becomes dominant.

§  Incorrect information being given in respect of ownership of the premises as stated on the application form.

Members were advised that legal advice had been sought in relation to the certification of ownership and the application could proceed. Members noted that planning permission would be required to change to another use such as a bar.

Ms Adamson speaking against the recommendations informed the Panel of the following points:

·  There had been restricted opening hours on the previous application and there had been no changes to circumstances;

·  This report does not address the issue of noise. Evening events and weddings would result in noise nuisance;

·  Meanwood Valley is a natural amphitheatre and representations from both sides of the park speak about noise travelling;

·  An 18 month temporary condition was offered which in Ms Adamson’s view showed that the Planning section were cautious about the applicant;

·  No input had been provided by the Council’s Nature Team on the impact of the conservation area;

·  Ms Adamson was of the view that the Council’s Licensing process was vastly flawed as she was of the opinion that only 39 of the supposed comments of support were valid;

·  Highways had not objected as they were looking at the proposal solely on the change of hours

·  10.9 of the report claims that there will be no external alteration. Ms Adamson claimed to have knowledge that officers had negotiations with RDF Limited who actually own the site on plans to extend the building and of a grant being offered;

·  Of the view that a café did not need to open until 10:00pm;

·  Of the view that a lot of customers would not be ordinary park uses;

·  Was of the opinion that even with the extended hours the café would not be able to pay back the proposed investment in the site;

·  Ms Adamson questioned whether it was appropriate for the Plans Panel to take a decision on this application as she suggested that the people and processes were far from being open and transparent.

In answer to Members questions in relation to noise currently and on the Premises Licence being accepted, the Panel were informed by Ms Adamson that the café was still operating its current hours and that the alcohol licence would not be used until the outcome of this Plans Panel was known.

The applicant was present for questions only. He informed the Panel:

·  That no one currently lived in the flat above the premises;

·  The café was currently open 08:00am to 6:00pm and that alcohol was not served;

·  He wished for the café/bar to offer food and alcohol in the style of tapas and wine;

·  It would not be a sports bar, wants something similar to Roundhay Park Café

·  Events are currently held in the park and do make noise, there had recently been a farmers market but he was not aware of any complaints being made;

·  In relation to a temporary permission for 18 months the Panel were advised that a lot of investment would be required to make the café viable therefore he would prefer a permanent permission:

·  The counter would be set up as a deli counter rather than a bar;

·  In relation to traffic impact it was noted that the extended hours requested were outside of the peak travel times;

Members considered all the written and presented information.

RESOLVED – To defer and delegate the grant of the planning permission to the Chief Planning Officer pending the expiry of the period of Notice served on the freeholder of the site to inform them of the submission of the application. In response to the receipt of the Notice should the freeholder make representations that raise significant new material planning considerations the application will be reported back to Panel for determination.

Panel requested that the following conditions be added:

·  No amplified music to be played outside of the building

·  Glass bins not to be emptied between the hours of 20:00 hours to 09:00 hours on any day

Cllr. Wilkinson re-joined the meeting at 15:20.