Agenda item

The report of the Chief Planning Officer requests Members consideration on an application for change of use of shop and three flats to delicatessen/salumeria (mixed A1/A3 use) and alterations including extensions, at 138 Harrogate Road, Chapel Allerton, Leeds, LS7 4NZ.

(Report attached)

The report of the Chief Planning Officer set out an application for the change of use of shop and three flats to delicatessen/salumeria (mixed A1/A3 use) and alterations including extensions, at 138 Harrogate Road, Chapel Allerton, Leeds, LS7 4NZ.

Members had attended a site visit earlier in the day. Photographs and plans were shown throughout the presentation.

Members were informed of the following points:

·  The proposal was set out at point 2.0 of the submitted report and included; new internal layout to be open plan with the demolition of partition walls and the creation of a  two storey gallery at the entrance; proposed conservatory to the side and new ground floor extension to the rear; basement level storage is proposed beneath the conservatory accessed via a new stair well;

·  Access to the new terraced area will be through a new opening at first floor level;

·  New shop front is proposed which will be of traditional timber cladding;

·  Existing pedestrian and vehicular access to the side and rear of the property to be retained, with a small parking area along Back Allerton Terrace;

·  Revised opening hours of the premises is from 7am to 7pm Monday to Sunday including bank holidays;

·  Negotiations had taken place due to concerns raised by the Conservation Officer in relation to the design of the shop front, the dormers and single storey extensions. Revised plans had been submitted;

·  Local Ward Members had raised concerns which were set out at point 6.2 and Councillors had requested that the application be brought to Plans Panel for consideration;

·  50 objections had been received with a summary of the objections set out at point 6.3 of the report. A further letter of objection had been received since the publication of the agenda. However the points raised were not read out as the objector was attending the meeting as a speaker against the recommendation;

·  34 letters of support had also been received and these comments were provided at point 6.4 of the submitted report;

·  The TPO trees were to be dealt with by condition protection of roots will be undertaken during excavations;

·  Information had been received which suggested that this building was one of the oldest in Chapel Allerton and could be timber built. However, no evidence had been found to support this, and it was not currently listed;

·  A department of the Council, Housing Leeds, had raised a concern over rights of access over land owned by the Council. Appropriate legal advice had been taken and there is reasonable prospect that such rights exist and, through the imposition of appropriate planning conditions, it is safe to proceed to determine the planning application;

·  A1/A3 use is acceptable within a town centre location;

·  There would be a loss of 3 residential properties; 

·  Conditions proposed to address highways issues including access.

Two residents of Chapel Allerton attended the meeting and addressed the Panel providing the following information;

·  One resident had lived in Chapel Allerton for 43 years and was part of the group producing the Neighbourhood Plan;

·  There was no justification for the loss of the residential properties with a need for affordable housing in the area;

·  The building is a timber framed building dating back to the 16 Century and needs to be looked at for listing;

·  This is to be a 100 seat restaurant which would be appealing for families;

·  The front of the property has steps and is not appropriate for wheelchair and pram access;

·  This is a quiet area

·  There is greenery and birdlife

·  Prior to the application residents had not been aware that 138 Harrogate Road was attached to 1 Regent Street;

·  This had also been residential;

·  Would welcome a small delicatessen with a few seats but not what is proposed.

The applicant and his representatives attended the meeting and advised the Members of the following:

·  The applicant provided an explanation of what a salumeria was and what he was proposing for the premises;

·  This was a small entrepreneurial spirit for the city;

·  Chapel Allerton was well connected with good transport links;

·  Worked closely with the conservation officer on this scheme;

·  Tree officers had provided advice and conditions made in relation to the protection of the trees.

Responding to Members questions the Panel were advised of the following:

·  The step up to the premises would not be an issue for wheelchairs or prams and there was enough circulation space within the ground floor. It was noted that disabled access would not be possible to the first floor as there was no room for a lift;

·  Consultation had taken place in the form of letters to neighbours, a public exhibition in the back gardens where 30 people had attended, and a statement of community involvement and been submitted;

·  A condition could be included to address noise attenuation should it be necessary;

·  7am start had been requested to bring the business in line with other premises of a similar nature;

·  The bin storage would remain the same as it was currently. However it was suggested that a condition be added in relation to bin storage;

·  An additional condition would be included to address the rights of way over Council owned land;

·  Applications to have buildings listed are made to the Secretary of State;

·  Only 1 flat is currently tenanted and the tenant is aware of the application and has been given notice.

RESOLVED -  To grant permission in accordance with officer recommendation with condition 3 to restrict opening hours to 7am to 7pm Monday to Sunday including Bank Holidays.