1. shopping

SCHEDULE
No: 9
SL/2015/0193
KENDAL:
5 Wainwrights Yard
KENDAL
LA9 4DP
PROPOSAL:
Change of use from
retail unit (Class A1)
to drinking
establishment
(Class A4)
Mr Kaushik Mistry
Website Link to Application
E351442 N492745 30/04/2015
SUMMARY
The application seeks planning permission for the change of use of a retail unit within
the town centre into a drinking establishment. The principle of the proposal accords with
planning policies but the main area for consideration is the impact upon the amenity of
residents in the flats opposite.
DESCRIPTION AND PROPOSAL
Site Description
The site consists of a small shop unit on the southern side of Wainwrights Yard within
the centre of Kendal. The site forms part of a larger development which included the
Booths supermarket, offices for the Westmorland Gazette and four shop units. The
site is opposite Printers Croft which includes Pizza Express and shop units at ground
floor with residential units above.
Proposal
The application seeks planning permission to change the use of the building to a
drinking establishment (A4 use). The applicant proposes the same opening hour
restrictions as those attached to the Pizza Express permission (11pm Sunday to
Thursday and 12 midnight Friday and Saturday).
HISTORICAL CONTEXT
Planning permission was granted for the erection of a supermarket, offices for the
Westmorland Gazette and four shops in 2002. The planning permission allowed for
one of the shop units to be used as a café / restaurant (Class A3 use).
Planning permission was granted for the erection of Printers Croft, incorporating
shops and 16 apartments in 2003.
An application was submitted in 2006 for the change of use of a vacant shop unit into
Pizza Express. The permission was granted subject to an opening hours restriction
and a Unilateral Agreement in which the owner covenanted not to implement the café
/ restaurant (A3) use permitted in 2002.
CONSULTATIONS
Kendal Town Council:
To be reported.
SLDC Environmental Protection Officer:
The yard is generally a quiet area of Kendal off the main street, which has also been
substantiated by the noise report. There are numerous flats opposite the proposed
bar and the surrounding buildings are tall and close together. This creates an
adverse situation as noise will be reverberant. A number of flats have windows and
patio type doors that open facing the yard. It is likely that the windows and doors will
be open during warm weather. There is no soft landscaping providing sound
absorption.
The noise report highlights that there are no foreseeable issues with noise from
people and background music inside the property, affecting neighbours. The
premises have a single open-able door and no lobby which may allow noise breakout
into the yard. Noise levels from background music can be set to acceptable levels,
but of concern is external noise from patrons and people congregating to smoke
outside as there is no alternative provision.
Although licensing objectives provide some protection it is not always feasible to
control the actions of the public when alcoholic beverages have been consumed. As
the premises are to be changed to a drinking establishment, it is likely that people
who may already have consumed alcohol elsewhere, will visit the bar. It is also likely
that patrons will congregate outside in the yard and potentially cause disturbance to
neighbours through loud voices, laughing and shouting out in the street.
There are no other drinking establishments in this yard. There is a pizza express
restaurant opposite which serves alcohol but this is supplementary to a meal. There
have been a number of resident’s objections to the change of use based around
noise in the street which is highly likely especially at weekends when footfall will
increase. This will likely affect the amenity of the area.
Should permission be granted for the change of use the following conditions are
requested:
•
a scheme to control noise breakout from the premises shall be agreed
with the planning authority;
•
the hours of opening shall be agreed with the planning authority;
•
any external plant or equipment likely to affect background noise levels
shall be agreed by the planning authority;
•
there shall be no live music played at the premises without agreement
by the planning authority;
•
there shall be no external seating and allowed drinking externally;
•
the collection of bottles and waste shall be carried out within socially
acceptable hours agreed;
•
the collection of bottles and waste shall be carried out within socially
acceptable hours agreed;
•
any external lighting shall be agreed by the planning authority; and
•
a scheme to control litter from smokers shall be agreed by the planning
authority.
Neighbours / Others:
Seven letters of objection have been received from or on the behalf of residents in
Printers Croft. The letters refer to:
•
Wainwrights Yard is currently a relatively quiet area. The proposal will
increase noise and smells.
•
Customers standing outside the bar to smoke causing nuisance particularly in
winter months.
•
People leaving Pizza Express at 10/10.30pm cause noticeable noise.
•
The use will be detrimental to the appearance and ambience of the yard due
to noise and littering.
•
Loss of privacy due to overlooking from the upper floor of the building.
•
The proposal contravenes existing restrictions.
•
There is a surfeit of pubs, clubs and wine bars in Kendal.
A letter of objection has been received from a business on Wainwrights Yard.
Concerns with regard to restriction in the width of the yard if tables were placed
outside which would affect flow to businesses, and no provision is made for
smokers.
Two letters of support have been received from the occupiers of adjacent shop units.
A wine bar is just the business that is needed in Kendal – it would be an asset to the
Yard and the town.
APPLICANT’S REPRESENTATIONS
The proposal is for a small, niche, upmarket wine bar. No loud music, no cheap
drinks promotions, just fine wines, premium branded products and a maximum of 2
draught craft beers. There is no food extraction system or air conditioning pipework
causing noise or pollution, as food will be simple bread, hams and olives. Hours will
be in line with Pizza Express and no later.
Furthermore the application is in line with planning Policy CS7.5 relating to the Town
Centre and Retail Strategy of South Lakeland Core Strategy which supports diversity,
and plans for a “continental evening environment” and of shedding the “ghost Town”
reputation that Kendal currently has.
POLICY ISSUES
South Lakeland Core Strategy:
Policy CS1.1 establishes Sustainable Development Principles. It states that there is
a need to grow the local economy in a sustainable way.
Policy CS2 Kendal Strategy states that Kendal will be developed as a Principle
Service Centre. The policy seeks to promote the role of Kendal town centre as the
principle town for shopping and leisure. The policy also seeks to safeguard the
conservation area.
Policy CS7.5 Town Centre and Retail Strategy seeks to support the diversity of main
town centre uses in order to enhance vitality and viability.
Policy CS8.6 Historic Environment seeks to protect and enhance conservation areas.
Development Plan Document (DPD): Local Plan Land Allocations:
Policy LA1.2 Town Centre Boundaries allocates a town centre boundary, a primary
shopping area and primary shopping frontages. The primary shopping area and
frontages are the preferred location for shopping development and will be maintained
in predominantly retail use.
Saved Policies of the South Lakeland Local Plan:
Saved Policy R8 Protection of Retail Frontages in The Primary Shopping Area of
Kendal states that proposals to change from retail (A1) uses to office (A2) or café /
restaurant (A3) will be considered against the following factors:
•
the location and prominent of the premises within the shopping frontage;
•
the number, distribution and proximity of other non-retail uses;
•
the nature and character if the use proposed;
•
the proportion of vacant units; and
•
whether the proposal will give rise to disturbance or nuisance.
Saved Policy C16 Control of Development in Conservation Areas seeks to ensure
that development and uses preserve or enhance the special character and
appearance.
National Planning Policy Framework:
Ensuring the vitality of town centres
Paragraph 23 requires that planning policies promote competitive town centre
environments.
HUMAN RIGHTS ACT
This application has been determined to accord with the rights and limitations of the
Act in relation to Article 6 (Right to a fair and public hearing), Article 8 (Right to
respect for private and family life, home and correspondence), Article 14 (Prohibition
of discrimination) and Article 1 of Protocol 1 (Right to peaceful enjoyment of
possessions and protection of property).
ASSESSMENT
The application seeks planning permission to change the use of the retail unit into a
drinking establishment (A4 use). When Pizza Express was granted planning
permission the land owner submitted an agreement which covenanted not to
implement the café / restaurant (A3) part of the planning permission on the southern
side of the Yard. This is however a new application and therefore is not bound by the
agreement and must be determined on its own merits.
The site is within the Primary Shopping Area and Primary Frontage as designated by
the Local Plan Land Allocations Development Plan Document. Policy LA1.2 of the
Land Allocation DPD and saved Policy R8 of the Local Plan seek to maintain such
areas as predominantly retail units. However, the policies recognise the need for a
variety of uses in the town centre and provide criteria for assessing non-retail uses.
Wainwrights Yard is off the main high street and whilst designated as primary
shopping area / frontage, it functions predominately as a through route to the
supermarket and car parks. This property is therefore not prominent within the town
centre. The yard accommodates predominantly shop units, there is also a large
office unit occupied by the Westmorland Gazette and Pizza Express. Introduction of
a drinking establishment would not adversely affect the overall balance of use types
within the yard and would add a further use to attract customers.
The introduction of a small bar in this town centre location accords with the aims of
Policy CS7.5 of the Core Strategy and the NPPF which seek to encourage a diverse
range of uses within town centres. The introduction of a small bar, opposite Pizza
Express would not adversely affect the character of the street scene or affect the
character of the conservation area.
The main issue for consideration is therefore the impact the proposal would have
upon the amenity of residents living in the flats at Printers Croft opposite. A Noise
Assessment has been submitted with the application. The Assessment recommends
that a noise limiting device is fitted to sound equipment. It concludes that this would
result in an acceptable noise level (22 dB LAeq with the windows closed) within the
residential units opposite. When the doors open the noise levels would rise and
there would be no control with regard to customers coming to and from the building.
Whilst the bar may increase the number of people in the area at night, this is a town
centre location and there is already a late night use in the vicinity.
A number of conditions with regard to the operation of the use have been requested
by Environmental Protection. These conditions will minimise the disturbance to
nearby residents and provide an appropriate use for this town centre location.
The first floor within the building is on a mezzanine 4.5m back from the front of the
building. The flats opposite are also at a higher level than the window in the front of
the building. The use of the first floor will therefore not adversely affect the privacy
within the flats opposite.
CONCLUSION
This is a town centre location in the middle of Kendal. Whilst there are residential
properties nearby this is no different to many similar situations in the District’s
principle centre. Many of the yard areas in Kendal have a mix of residential and
evening uses such as a bar. The introduction of a small bar in this town centre
location will help encourage a diverse range of uses within the town centre
particularly during the evening. Subject to safeguarding conditions to control
potential noise the proposal is recommended for approval.
RECOMMENDATION: GRANT subject to conditions in relation to the following:
(1)
Standard time limit.
(2)
Maximum noise level for music and implementation / operation of a noise
limiter on equipment.
(3)
Hours of operation restricted to 11.30pm Sunday to Thursday and 12 midnight
Friday and Saturday.
(4)
No music after 10.30 pm.
(5)
No amplified live music.
(6)
No external plant shall be installed without express planning permission.
(7)
No external seating or drinking.
(8)
Submission, approval and implementation of a scheme for the storage and
collection of bottles.
(9)
Submission, approval and implementation of a scheme to control litter
(installation of litter bin).