Agenda item

To consider the report of the Chief Planning for retrospective application for the installation of one awning and two parasols and alterations to the rear extension including new down pipes, parapets to the roof and modifications to the fenestration at 138 Harrogate Road, Chapel Allerton, Leeds, LS7 4NZ

The Chair had decided to take this item first.

The report of the Chief Planning Officer presented a retrospective application for the installation of one awning and two parasols and alterations to the rear extension including new down pipes, parapets to the roof and modifications to the fenestration at 138, Harrogate Road, Chapel Allerton, Leeds, LS7 4NZ.

The Panel were informed of the following points:

·  At the North and East Plans Panel of 11^th April 2019, Members had considered the application for change of use and extension of this property from a shop and 3 apartments to a delicatessen/salumeria. The application had been brought to the Panel as there were concerns that the application would create a 100 seater restaurant that would cause issues in relation to parking, servicing and harm to the historic building. Local objections had been received to the application. Following the decision at Panel, Planning permission was granted in May 2019.

·  In 2019 a Section 73 application was made for the variation of Condition 3, the opening hours of the restaurant. This was heard at Panel on 8^th October 2020, where Members resolved to grant planning permission in accordance with the officer recommendation but required that an additional condition be imposed to restrict the erection of awnings/ canopies, or any other structures, other than tables and chairs on the outdoor terrace area or garden without planning permission.

·  A remote-controlled awning which is 5m wide and, when open has a projection of 3.7m had been installed above the first -floor terraced area and two overhanging parasols had been erected on the garden space. The parasols were approximately 2.6m in height and when open had a spread of approximately 3.5m.

·  A number of minor alterations had been made to the design of the side extension including a parapet that has been constructed above the roof, a new down pipe and a larger window in place of a small window as shown on the approved plans.

·  The property is a traditionally designed building located within the town centre of Chapel Allerton, it is said to be one of the oldest buildings in the town centre and was historically a farmhouse.

·  The property forms part of a row of retail and food and drink units. It has a traditional shop frontage to Harrogate Road with the bulk of the building and garden area set to the rear.

·  Chapel Allerton is part of a conservation area, a public footpath is used to access the garden area. It was noted that the conservation officer had raised no concerns.

·  A number of residential properties back on to the garden area, most of the objections had been received from these properties for the previous application. However, it was noted that no objections had been received to this application.

·  The awning would be used for protection from sunlight and rain, it was a lightweight structure that did not overwhelm the building. The parasols were the same as those used by other public houses and restaurants.

·  No concerns were raised in relation to the parapets or the down pipes.

·  The restriction of 9pm for the outside terrace was not detrimental to noise in this location as it is a busy town centre.

·  Highways had no concerns as there were no significant parking demands.

Mr Salaris the applicant was present at the meeting and invited to answer questions from the Panel.

In response to questions from the Panel the following was discussed:

·  It had been the view of the Panel who had granted planning permission that these premises would enhance the area. The original permission had been for major structures and had not included awning or parasols.

·  Members were of the view that 9pm was inflexible and could be detrimental to the business. Mr Salaris said that this was a family orientated business and at the previous Panel he had offered the closing of 9pm for the outside area due to conflict from residents. However, during the warm sunny weather he would prefer to open longer, he said that if there were complaints of noise, he would address them. Members discussed whether the garden area should stay open until 10pm or 10:30pm.

The Panel received advice from the Planning Officer in relation on how they should proceed with their recommendation.

The Planning Officer advised that the restrictions in relation to opening hours attached to previous planning permissions would remain unaffected by any permission granted and would need to be amended as appropriate through further applications outside of the granting of the permission for the application before Panel. The Planning Officer advised that Members could however note that they were satisfied that any such applications would not need to be referred to Plans Panel given the discussion.

RESOLVED – To grant permission for the variation to planning permissions as set out in the submitted report and for the variation to the use of the outside space until 22:30.

To note that Members were content for planning officers to determine any future planning applications for a variation of outdoor opening hours up to 22.30 hours at the application site under delegated powers.