The report of the Director of Planning, Building Control and Licensing is enclosed.

The application is for a change of use of a vacant unit to a bistro and associated internal and external alterations, including the installation of a retractable awning as well as the provision of an outside seating area. The application relates to a vacant corner unit at the junction of George Leigh Street and Sherratt Street. The shop front is currently boarded up to prevent vandalism and unauthorised access. The property comprises ground and basement accommodation. Original timber shop front and doors are in situ along with other decorative internal and external features such as wood block flooring, cast iron columns, raised bench display window and terracotta.

The Planning Officer addressed the Committee on the application stating that a further five objections to the proposal had been received from residents. Members of the Committee were advised that the City Council has an interest in the site concerned as landowner and were reminded that this status must be disregarded and to exercise their duty as Local Planning Authority only. An amendment was also proposed to Condition 9 of the report to restrict amplified sound both internally and externally. An additional condition had been added within the late representations report for a condition to require that all windows and doors are to be shut from 19:00 onwards (daily) to reduce noise breakout.

A spokesperson representing objectors to the application addressed the Committee and summarised the list of objections to the application. Reference was made to the opening of the vacant unit as positive move for the area, however a wine bar was not considered an appropriate use for the unit, due to the negative impact that noise from the premises would have on residents who reside above the premises and the importance of protecting the character of Victoria Square. The Committee was informed that windows have to be left open by some residents due to the heating within the building that cannot be controlled by residents.

The applicant’s agent addressed the Committee on the application.

The Planning Officer reported that there are other commercial units within Victoria Square building that include café uses. The unit had been vacant for a number of years and mitigation had been included in the report to protect the interests of residents including noise level reduction.

The Chair invited the Committee to ask questions and comment on the application.

A member of the Committee made reference to the history of Victoria Square and the importance of protecting the interests of current and future residents. The mitigation within the report referred in the main to the night time and not during the day when residents would have windows open and may be disturbed. Concern was also expressed on the disruption that maybe created by the external seating area.

The Planning Officer responded to the points raised stating that the unit is considered to be a low-key usage proposal and the mitigation proposed would adequately address noise. Also, Condition 10 would require the business to operate a dispersal programme for patrons.

A member of the Committee referred to the importance of ensuring that patrons using the outside element of the business, did not disturb residents in view of the need for windows to be left open.

The Planning Officer reported that the external management arrangements proposed were the same for licensed premises within the Ancoats area.

A member of the Committee referred to the heritage of Victoria Square and noted the length of time the unit has been left empty. Officers were asked to clarify the Ancoats and New Islington Neighbourhood Development Framework (NDF) and the 11pm time limit for premises opening. Reference was also made to the close proximity of the external seating area to the resident entrance to Victoria Square and officers were asked if consideration had been given to the possibility of shielding the entrance.

The Committee was advised that the NDF had been revised to ensure that licensing and planning considerations work in parallel with each other and following the revision of the arrangements, opening times of licensed premises in Ancoats and New Islington were made the same and are as detailed in the report. In response to a potential conflict of the seating area and the entrance to Victoria Square, the Committee was advised that an additional condition could be included for a screen to be installed between the entrance and the external seating area of the premises.

Councillor Andrews moved the recommendation for the Committee to Approve the application subject the conditions within the report and the amendment to Condition 9 and the additional conditions as outlined in the late representation report and inclusion of a condition for the installation of a screen between the seating area and entrance to Victoria Square. Councillor Richards seconded the proposal.

Decision

The Committee agreed the application, subject to the conditions included in the report, the amendment to Condition 9 and the additional conditions as outlined in the late representation report and inclusion of a condition for the installation of a screen/barrier between the premises seating area and entrance to Victoria Square.