Agenda item

The Assistant Director Planning – Community Development sought determination of a planning application for the variation of Condition 02 of planning approval 23/00077/73 dated 18.04.2023 to remove the restriction on the number of evening events per month and to allow an increase in the total number of evening events from 10 to 50 occasions per calendar year on land at Dogh, Main Street, Welburn, Malton.

The application was reported to the Area Planning Committee for determination because it was considered that significant planning issues had been raised. 

The application had been reported to the Area Planning Committee meeting held on 21 March 2024, when the item was deferred at the request of Members to allow further consideration of Condition 10 regarding deliveries to the premises and further investigation into the proposed Traffic Regulation Order relating to Main Street, Welburn.

Presenting the report the Planning Officer drew Members’ attention to;

·        The applicant’s agreement to amend the existing delivery time condition as stated in 4.7 of the report.

·        The introduction of double yellow lines at Main Street, Welburn and the informal parking arrangements agreed between the premises and the neighbouring public house.

·        The further comment from the Local Highway Authority that visitor parking allied to the increase in evening events at the site would not give rise to a significant impact on local highway capacity and safety.

Rob Stansfield spoke to object to the application.

Ryan Cuthbert spoke in support of the application.

The Planning Officer then gave the following statement in response to a submission received and circulated in the late pages.

Members have read a written objection from the registered speaker, which was submitted to the LPA earlier this week. The representation expresses the view that the report for this application is misdirecting and refers to the possibility of a judicial review. Planning officers and legal officers of the Council have considered the points raised and do not consider that they give rise to any grounds for challenge and for clarity, they will be addressed as part of this statement.

The objection refers to the extant permission for the application site being from 2009. That is a permission reference 0900241/FUL whereas in fact it is the permission, the most recent permission which has the reference 23/00077/73, which was granted in 2023. Members will be aware that a successful Section 73 application results in the grant of a new planning permission, in which the conditions attached to the previous permission are either carried over varied or removed. Therefore, the relevant conditions for varying and carrying over are those attached to the permission granted last year.

The current permission for this site includes Condition 2, which covers the operating hours and permitted exceptions for evening events. Condition 5 limits evening events to be held within a licenced area, as shown on the slide, which relates to an approved floor plan drawing.

Condition 7, which provides for the development to be carried out in accordance with an approved drawing that delineates respective floor space for the retail and cafe uses. These conditions would ensure that the café and retail uses are both operational during daytime hours and that they take place in the allocated areas on the ground floor but for the evening events, both areas can be used for the cafe use.

This is considered compatible with the reason for imposing Condition 7, which is listed on the decision notice to ensure that the preparation area and tea room do not encroach on the retail area. Obviously, the risk of encroachment is not engaged during evening events.

For the avoidance of doubt, all these conditions are currently in effect and are not a new proposal.

The objection suggests the floor area allocated for evening events is a change of use amounting to development, whereas it is a permitted use under the existing mixed-use permission and the floor area used for evening events is in accordance with Condition 5 of the planning permission.

The objection also suggests that there is a breach of condition occurring within the retail area delineated by Condition 7. The Council's enforcement officers do not have any live cases open for this site but will duly investigate any reported potential breaches of planning control. However, there are none at present, and even if there were, they would not preclude the determination of the current application before Members, which is for an amendment to the number of evening events permitted by Condition 2.

During consideration of the item, the Committee discussed the following:

·        The legal position with regard to the objection received

·        Clarification of areas contained within the red line on the premises plan

·        The change in condition 10 regarding delivery times

·        Parking and highway matters

DECISION

That planning permission be GRANTED subject to the conditions listed in the report.

Voting record

6 For

1 Abstention