Agenda item

Change of use from office (B1) to 43 bedroom hotel and 29 room aparthotel (C1) restaurant and bar (A3/A4) with 150 covers, leisure club and spa (D2) and associated access, car parking and landscaping. Internal and external alterations to a Listed Building.

The Committee considered a report of the Senior Planning Officer regarding an application for change of use from office (B1) to 43 bedroom hotel and 29 room aparthotel (C1) restaurant and bar (A3/A4) with 150 covers, leisure club and spa (D2) and associated access, car parking and landscaping, with internal and external alterations to a Listed Building (for copy see file of Minutes).

The Senior Planning Officer provided the Committee with a detailed presentation on the application which included photographs of the site. A visit to the site had been arranged for Members to view the location and setting.

In presenting the report the Senior Planning Officer proposed minor amendments to the wording of conditions numbered 10 and 14 to 21 of application numbered 4/14/02160. It was proposed that the wording ‘no development shall commence’ be amended to state that ‘no external works shall commence’. This would provide flexibility for the applicant to carry out internal works to the building.

In addition an amendment to condition numbered 23 was proposed to state that ‘the fixtures and fittings located in the council chamber shall not be removed from the building until the contract for the future occupation/operation of the council chamber has been let’.

Mr B Corrigan addressed the Committee on behalf of residents and businesses at The Cathedrals which was located to the rear of the Old Shire Hall. He stated that residents did not object to the principle of the development but had concerns about access. He pointed out an error in paragraph 9 in the report which stated that the proposal was to use a one way circulatory vehicular route through the site with access from Old Elvet to Court Lane. The revised proposal was for two way access and egress from Old Elvet, and Officers considered that the site could operate from this single access point, although noted that a secondary access and egress point may be formed from Court Lane (paragraph 81).

Currently there were 12 parking spaces to the rear of the building and access/egress was via The Cathedrals. This was a busy pedestrian route to the University. An increase from 12 to 38 spaces was proposed, and whilst revised proposals for access and egress from Old Elvet was welcomed, residents were concerned that the existing access via The Cathedrals would remain open, and without any restriction may become a major route into the hotel. This would defeat the purpose of the revised proposals. He felt that this could be addressed by a planning condition restricting use of the access to emergency vehicles only.

Mr D Brocklehurst, the applicant’s agent addressed the Committee and responded to the concerns of residents. He advised that he had worked closely with Planning and Highways Officers to produce the scheme and had amended the plans to their satisfaction. An additional condition would not be acceptable; traffic and pick-ups/drop-offs would be served principally from the front of the building but the secondary access was needed for service vehicles and was essential to the function of the hotel. The building had been vacant for two years and the applicant had invested significantly in this landmark building to bring a high quality hotel to the City. The proposals would bring additional visitors to Durham and create 60 jobs.

Councillor Conway expressed his support to the proposals which would bring a significant building back into use. He noted that Mr Corrigan welcomed the scheme in principle and hoped that his concerns about access could be resolved through on-site management.

In response to a comment from Councillor Kay who proposed a condition to address the issue of access via The Cathedrals, the Senior Planning Officer advised that the Local Planning Authority must be able to demonstrate that planning conditions were enforceable and necessary. He did not consider that a condition restricting access via The Cathedrals would meet these tests.

The Highways Officer acknowledged that the site could operate from a single access point but also that a secondary access and egress could be formed from Court Lane, and this was beneficial to the developer.

Councillor Freeman stated that he supported the proposals which would add to the economic revival of the City. He reiterated the views of Councillor Kay and as Members had heard that access from Old Elvet was satisfactory, he disagreed that the issues regarding the secondary access could not be resolved. He was concerned that people would use it to access the hotel and felt that a solution should be found to prevent this.

The Chairman invited the applicant’s agent to clarify the access issue. Mr D Brocklehurst replied that the applicant needed both access points and would therefore be opposed to a condition as suggested as it would not meet the necessary tests in his view.

Councillor Kay clarified that he was of the view that the primary access to the hotel should be from Old Elvet and the secondary access should be for emergency and delivery vehicles only.

Councillor Clark made the comment that in the main visitors to the hotel would be from outside the area and she expected that directions would be provided which would include details of access.

Following discussion the Senior Planning Officer suggested an additional condition for a highway signage scheme to be agreed which should resolve the concerns about access.

Resolved:

That the applications be approved subject to:-

(i)             the conditions outlined in the report with minor amendments to the wording of conditions 10, and 14 to 21 of planning application numbered DM/14/02160/FPA, to read  ‘No external works shall commence….’;

(ii)          Condition 23 being amended to read as follows:-  

‘The fixtures and fittings located in the council chamber shall not be removed from the building until the contract for the future occupation/operation of the council chamber has been let’. 

(iii)         The following additional condition:-

‘Notwithstanding any details submitted with the application, the development shall not be brought into use until a scheme for highway signage is submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details.’