Agenda item

The representative of the Service Director – Planning  made the following points by way of introduction:-

1.     The application had been referred to the Committee for determination by the Ward Councillor, Cllr Paul Smith.

2.     The application sought planning permission for the change of use of Unit 4 from an A1 retail unit to A3 restaurant use, with external alterations including erection of ventilation equipment to the rear elevation.  Opening hours are proposed to be Monday to Saturday 11am to 11pm and on Sunday and Bank Holidays Midday to 8pm.

3.     The key issue was the change of use and an assessment of the potential impacts on residential amenity and on the viability and vitality of the primary shopping area.

4.     The unit lies within the Queen’s Road and Park Street primary shopping area (PSA) and primary shopping frontage (PSF), as identified in the Central Area Plan (2015).

5.     57% of the units within the overall PSF are currently A1 retail use.

6.     The premises were previously occupied by Costa Coffee for nearly 10 years as a coffee shop.  No application for change of use to a mixed A1/A3 use was received and there is no history of enforcement action against the occupation of this unit as a coffee shop. An example was given of a similar business treated in the same way trading within premises designated for A1 use.

7.     The retail presence is already compromised in the immediate area but there remains a significant number of retail outlets within the overall frontage; the application would have limited impact on retail perception at that location on Queens Rd.

8.     The objections received related to the potential impacts on residential and environmental amenity.

9.     No objections were received from BCC pollution control team or the Avon and Somerset Constabulary.

10.  The presentation included pictures of the current street view of Queens Road and Maggs House frontage.

The following was noted from the debate that followed:

a.     Cllr Eddy expressed concern that this application was pushing the percentage of retail to bars/restaurant to the tipping point and this would give a green light for further saturation in the area and would be voting against.

b.     Cllr Davies shared Cllr Eddy’s concern suggesting that DC agenda meetings should see any request regarding A1/3 applications for this primary shopping area where officers were minded to support.  The representative of the Service Director Planning  reminded the committee that they were obligated to address the application currently before them and were unable to pre determine other applications.  They were aware of the area reaching a tipping point and would endeavour to present at agenda meetings all relevant applications within this primary shopping area.

c.      Cllr Mead recalled that Whiteladies Road was once a retail area and  had given way to bars and restaurant and was therefore concerned that Queens Road would be known for eatery and bars rather than retail.  He was also minded to discount the previous use of the premises as a coffee shop.  He was minded to vote against the application because the area was approaching tipping point away from retail.

d.     Cllr Sergeant shared her view that coffee shops often benefited retail areas as it allowed customers to stay in the area.  As it is a free market it is difficult to control the nature of the businesses that are in an area but an area that becomes mostly an evening destination would be damaging to the area and put it on a downward cycle of incidents relating to  anti –social behaviour. She was minded to vote against.

e.     Cllr Wright recalled the concerns that had been raised when  a restaurant was proposed at the top of Park St  7 years ago and remembered commenting that one restaurant would not kill an area. He noted now how things have changed. He took the view that this application should be viewed in light of the likely outcome following an appeal.

f.       The Committee were informed that in the event of an appeal the Planning Inspectorate would consider the case on its merits in terms of the overall impact on retail perception within the PSF and PSA.  If the Council were considered unreasonable there is a risk that costs could be awarded against  the Council.

g.       Cllr Clarke asserted that he felt Queen’s Road had reached tipping point but was mindful of the advice given in regards to an appeal.

h.     Cllr Breckels confirmed that he was minded to support the application, on hearing all the arguments put by committee members and the advice given that on appeal the decision could be reversed with costs awarded against the council.  On investigating the applicant he noted that it was a Mexican eatery with opening hours that did not go into the night time economy.  The council had no policy that defined what that tipping point was and with no clear policy, turning down applications on this basis was problematic.  He was also mindful that different areas had different requirements. He strongly recommended that a policy should be devised quantifying the tipping point of harm to retail frontage in percentage terms.

i.       Cllr Dudd noted the lack of retailers seeking an on street presence because many were online.  He agreed that defending the decision to refuse may be hard and therefore would need to support.

j.       Cllr Mead was aware that with the mass increase of rent in the Bristol area many small businesses were priced out of the market.  He expressed his frustration of having an application to consider with the knowledge that on appeal the decision would be likely to be reversed.

k.      Cllr Stevens was aware of  the lowering of percentage of retail presence on that high street and it was giving way to entertainment venues.  He called for the local plan to include the percentage requirement for areas.  He was mindful to vote for because of the possible cost impact of an appeal.

l.       Cllr Eddy agreed with Cllr Breckels that the committee should recommend the drawing up of a policy on percentage of mixed business for a high street.

m.   Committee was advised that the application had to be considered in the first instance and a direction on policy development dealt with as a separate issue.

n.     Cllr Breckels proposed that a policy be devised on the issue, seconded by Cllr Eddy.

o.     Cllr Davies provided clarity on the matters for this area to come to agenda conference, applications from Queen’s road to bottom Park Street where officers were minded to support.  This was a suggestion for officers to implement.

p.     Cllr Breckels stated that the tipping point would vary from area to area and it was important to get it right for the whole area.

The planning application on being put to the vote (Moved by Cllr Breckles, seconded by Cllr Davies) it was:

Resolved: (8 for and 3 against) that planning permission be granted subject to conditions as set out in the report.

The committee further resolved (Moved by Cllr Breckles, seconded by Cllr Eddy):

(Unanimous vote) That the Local Plan Working group  develop a policy on saturation point with regards to the mix of retail and non-retail use specific to various areas across the City.