Agenda item

Variation of condition 13 pursuant to planning permission DM/18/00310/VOC so as to extend the opening hours for the D2 cinema use so as to open 1 hour earlier (9am) and 1 hour later (1am) Sunday to Thursday, 1 hour earlier (9am) Friday and Saturday with opening permitted until 3am on up to 10 occasions per year.

The Committee considered a report of the Principal Planning Officer regarding an application for the variation of condition 13 pursuant to planning permission DM/18/00310/VOC so as to extend the opening hours for the D2 cinema use so as to open 1 hour earlier (9am) and 1 hour later (1am) Sunday to Thursday, 1 hour earlier (9am) Friday and Saturday with opening permitted until 3am on up to 10 occasions per year at The Riverwalk, Milburngate, Durham (for copy see file of Minutes).

H Jones, Principal Planning Officer provided a detailed presentation of the application which included a site location plan, aerial photograph, highlighted entrance/exit points, site plan showing the layout of the main shopping floor and site photographs.

Councillor R Cornwell of the City of Durham Parish Council addressed the Committee to object to the application, which he considered to be driven by the cinema operator’s profit at the expense of local resident’s sleep.  The extension to operating hours would result in night time noise and it was pertinent that the riverside development contained residential properties which were close by.

The Riverwalk development included houses in Lambton Walk, part of the original Milburngate development built in the mid seventies and its occupants had not suffered significant night-time disturbance until now.  There was also a large residential component, Dunholm House, which was occupied by up to 253 students. The adjacent approved redevelopment scheme for the former Milburngate House site included several hundred residential apartments. There was a real and present association between places of assembly being open until the early hours and consequential disturbance threatening the amenity and quiet enjoyment that residents should be able to expect.

This application should be refused and the currently approved closing times of 12 midnight Sunday-Thursday and 2am on Friday and Saturday would be appropriate for the cinema in this particular location.

Councillor Richardson informed the Committee that he had considered the application to be a straight decision until he had heard the local opinion presented to the Committee.  Councillor Wilkes considered that city centres were places where people should be expected to be able to enjoy themselves, but he was mindful that this was a mixed development.  The cinema would currently be open for 15-16 hours every day and Councillor Wilkes questioned whether the additional hours were necessary or would make much difference.

Councillor Clare considered this to be a difficult decision but agreed with the officer’s report.  City centres were busy commercial hubs and it was important for the night time economy to thrive.  Professionally qualified officers had not raised objection to the application and Councillor Clare moved approval.

Councillor Wilson informed the Committee that the application was for extended opening hours for a cinema.  He agreed with the recommendations and seconded approval of the application.

Councillor Laing informed the Committee that she regularly visited cinemas and had never come out of one to noise.  Councillor Jewell added that if noise was an issue he thought it would manifest itself with the current hours of operation.  The Committee could not decide what ‘might be’.

Upon a vote being taken it was

Resolved:

That the application be approved subject to the conditions contained in the report.