Please contact us if you have concerns about any planning application.
Responses from Whitby Civic Society's Planning Group to Scarborough Borough Council (Now North Yorkshire Council):
2021:
Licensing applications
Beer O’clock, 12 Flowergate. Sale/supply - on/off premises, no times given. Appears to have been withdrawn
White Horse & Griffin – Notice of Variation - Replacement of licensing conditions attached to current premises; additional seating to the outside of the premises
Agreed to object. Our primary objection is on grounds of public nuisance arising from outdoor tables. We understand the government’s case for the relaxation of planning and licensing procedures under the Business and Planning Act 2020 and we sympathise with the licensee’s aim of protecting the business in difficult times. White Horse Yard is not, however, an appropriate space for outdoor drinking. It is a relatively small area, is enclosed on all sides, and is residential with some bedrooms facing the Yard. In these conditions noise will reverberate, destroying the peace of the Yard and causing a significant nuisance to residents. This was recognised in 2003 when the planning authority refused permission for the licensee to allow customers to use a basement door opening on to the Yard on the grounds that it would create noise and general disturbance to the detriment of residents. Her Majesty’s Inspector agreed dismissing the subsequent appeal in order “to protect the amenities of nearby residents”. There is no doubt that table drinking in the Yard would generate more serious nuisance than simply using a door.
Pizza West, West Cliff, sale of alcohol Monday – Sunday 10:00 -23:00 on and off the premises
Agreed to support but suggest restrictions on off sales at times when the nearby children’s area is busy.
Planning Application 21/00564/FL Land west of The Lilacs, Back St Hilda's Terrace
- Demolition of existing garage and construction of new dwelling with integral garage (Previous approval 07/01643/FL)
Agreed to support, conditional on use of matching stonework to the south elevation as in the original plan and heritage style doors & windows.
Planning Application 21/00423/FL Land at Bog Hall, Waterstead Lane
- Proposed conversion & extension of existing store to create a dwelling
Object: the dwelling has a larger footprint than agreed when permission was granted in 2020. The refuse bins are now stored outside contrary to the 2020 decision. Planning permission was only granted on the understanding that the building be used as a store. Should be required to restore footpath. The proposed building is over-development of a small site, no thought has been given to parking.
Planning Applicaiton 20/02584/LB 42 & 43 Cliff Street
- Erection of 2no. rear extensions and balcony
Internal alterations to allow use as single dwelling house. We do not object to the proposal, however, the proposed development is in the Conservation Area and we would therefore welcome reassurance on the use of heritage windows and the use of sympathetic materials for the balcony.
Planning Applicaiton 21/00018/FL Flat 4, 9-10 Broomfield Terrace
- Replacement of sash windows with double glazed uPVC
Agreed to support but recommend condition requiring the use of Heritage style windows. This building is highly visible on the way into the town centre.
Planning Application 21/00280/LB Thistle Bank, 19 Bagdale
- Installation of signage board to front boundary wall
The property is located in Whitby Conservation Area; the authority's Conservation Area appraisal comments on the contribution of boundary walls to the character and appearance of the Area and recommends that works affecting walls should be in "visual harmony" with the neighbouring area. The proposal does not meet this criterion and as the brick walls, railings, and gates of the frontage of no.19 are particularly attractive and sympathetic, we believe that its height, colour, and size are incompatible with Local Plan policies DEC5b and DEC1a(I). Under the advertising regulations, commercial considerations are not grounds for approval; the applicant's business interests cannot be taken into account.
Planning Application 20/02697/FL The Mount Cliff Street Whitby
- Conversion of existing Dance centre to 4No. dwellings
Whitby Civic Society suggests that the application should, if approved, be subject to conditions on the location of waste bins which should be screened and in the parking area (there is a discrepancy between the application and the block plan) and the windows and doors should be in heritage style, as befits a historic building in the Conservation Area.
Planning Application 20/02553/FL The Old Jet Works Brunswick Street Whitby
- Change of use of former workshop to holiday accommodation
We note and support the objection from Environmental Health. If a future revised application comes forward, we also suggest that the windows be in a heritage style, as befits a building in the Conservation Area and in line with the authority's own Management Plan for that Area.
Planning Application 20/01696/FL Old Bata Site High Street Ruswarp
- Erection of 9 no. flats
Given the Government's strong encouragement for new developments to contribute to beautiful place-making, Whitby Civic Society is disappointed that the application is architecturally unambitious and uninspiring. If approved, we suggest that there should be conditions respecting safe access to the road, usable outdoor space, e-vehicle charging points, and the use of sustainable energy.
Planning Application 20/02818/LB Abbey Wharf Market Hall Market Place Whitby
- Installation of 2no. flag poles to front and installation of platform lift to entrance stairs
Abbey Wharf is a popular bar and restaurant which is highly visible from across the river, and dominates the west side of the Market Square. The building is in the Conservation Area and is GII listed. The application does not provide any rationale for flags and flagpoles; the proposed flags appear to be contrary to the Local Plan (Policy DEC 1(a) iii) in that they would detract from character of this part of the CA, would be a visually dominating intrusion and would spoil the landscape as seen both in the market place area and from across the Esk.
We wish to remind the authority of their earlier decision not to allow banners in this area as incompatible with the streets-cape of the old town centre. We also note the Borough Council and Town Council's proposed ambitious investment in refurbishing the Old Town Hall and Market Square which is currently under discussion with Historic England; the obtrusive flags would run counter to these plans. We are baffled as to why the applicant has bundled together the flags with the lift in a single proposal.
Planning Application 20/02783/FL Dolphin Hotel Bridge Street
- Erection of 2 no parasols to front external seating area
Whitby Civic Society has two objections to the application. First, there seems to be a discrepancy between the plan and the section drawings: the former shows the parasol finishing over the barrier and the latter shows it stopping short of the barrier. The parasol should remain short of the barrier, where it will not cause additional run-off on the pavement. Second, the applicant has not taken the opportunity of addressing accessibility; if work is being undertaken on the frontage, clearly it should include measures to open up access to the premises.
Youth Shack / Macy Brown's
Whitby Civic Society was requested to speak to Scarborough Borough Council Licensing committee following concerns raised about the licence application for the Youth Shack / Macy Browns:
Premises Licence Hearing - 17 December 2020 (Granted with conditions & amendments)
Youth Shack / Macy Browns Determination Notice – Whitby Cumulative Impact Zone (CIZ)
Circulation To; Applicant (Sunshine Leisure Limited), Relevant Representees/Parties to the Hearing
2020:
Planning Application 20/01632/FL Land West Of Spital Bridge Accessed From California Road
- Redevelopment of site to form 8 residential units
The proposed development is contrary to the policies of the Authority as expressed in the Local Plan. Policy DEC 1a(ii) requires that the design of any new development "responds positively to the local context, in terms of its scale, form, height, layout, materials, colouring, fenestration and architectural detailing"; the proposed building includes a number of features, including window materials and the large roof lights, which are completely out of keeping with the neighbouring buildings and with the Conservation Area more generally. Policy DEC4a states that proposals should not give rise to unacceptable impacts by means of "overbearing impact"; the height of the proposed development does not meet this standard. Policy DEC5 sets out to conserve and where possible improve the appearance and character of "those elements which contribute to the area's distinctive character and sense of place"; the proposal would negatively affect the public view of the listed buildings (the old sail loft and the bridge) both from the east wide and from across the river). We could not see a proposal in the application for electric vehicle charging points (Policy DEC2). The application for this new development does not indicate how sewage will be dealt with; nor does it address the issue of safe traffic access, and in any revised application the applicant clearly should seek views of Highways. We note the comprehensive report from the Principal Archaeologist and support his recommendations.
- Installation of 1no fascia sign, 1no projecting sign, acrylic letterbox and night-safe surrounds, printed and frosted window manifestation
Whitby Civic Society is disappointed that the applicant has not taken the opportunity of improving the appearance and character of a building in this part of the Conservation Area. The colours used do not meet the Authority's own shop front policy, which refers specifically to the harmful impact of "garish colour schemes" on the Conservation Area and states that the Authority will encourage the replacement of poor quality shop fronts (see Conservation Area MP9). The applicant notes that the Authority has permitted the use of garish colours in other cases; this is irrelevant, given the statutory duty on the Authority to promote developments only where they help maintain and enhance the appearance and character of the Conservation Area.
- Redevelopment of site to form 8 residential units
The proposed development is contrary to the policies of the Authority as expressed in the Local Plan. Policy DEC 1a(ii) requires that the design of any new development "responds positively to the local context, in terms of its scale, form, height, layout, materials, colouring, fenestration and architectural detailing"; the proposed building includes a number of features, including window materials and the large roof lights, which are completely out of keeping with the neighbouring buildings and with the Conservation Area more generally. Policy DEC4a states that proposals should not give rise to unacceptable impacts by means of "overbearing impact"; the height of the proposed development does not meet this standard. Policy DEC5 sets out to conserve and where possible improve the appearance and character of "those elements which contribute to the area's distinctive character and sense of place"; the proposal would negatively affect the public view of the listed buildings (the old sail loft and the bridge) both from the east wide and from across the river). We could not see a proposal in the application for electric vehicle charging points (Policy DEC2). The application for this new development does not indicate how sewage will be dealt with; nor does it address the issue of safe traffic access, and in any revised application the applicant clearly should seek views of Highways. We note the comprehensive report from the Principal Archaeologist and support his recommendations.
Planning Application 20/02500/HS 42 & 43 Cliff Street Whitby North Yorkshire YO21 3DD
- Erection of 2no rear extensions and balcony
Whitby Civic Society does not object to the proposal. However, the proposed development is in the Conservation Area, and we would therefore welcome reassurance on the use of heritage windows and the use of sympathetic materials for the balcony.
Planning Application 20/01483/FL William Hill Bookmakers 8 New Quay Road Whitby North Yorkshire YO21 1DH
- Change of use of betting shop (Sui Generis) to a Bingo Hall (Use Class D2)
Whitby Civic Society objects to this application on the grounds that it contradicts Scarborough Borough Council's policies for amusement centres and bingo halls. The applicant is essentially proposing an amusement centre with slot machines, bingo machines, and a bingo hall. Policy TOU5 of the Council's Local Plan states clearly that amusement centres will be confined to specified areas; in Whitby's case this is sited along Pier Road.
If the applicant is asking that the development be treated as an adult gaming centre, then Policy TOU5 states that sessions of bingo will not be allowed in an adult amusement centre; moreover, an adult gaming centre is only to be offered in a closed environment,and not in a development of the kind proposed here. Moreover an adult gaming centre seems inappropriate within the Conservation Area, and is incompatible with the authority's statutory duty of maintaining and improving the character and appearance of that Area.
We also note that the opening hours are excessively long and will lead to overcrowding and excessive noise in an area which already attracts lengthy queues to enter pubs and food outlets, and which is already an acknowledged centre of anti-social behaviour.
Finally, we were surprised that the application appears not to provide a female toilet.
Planning Application 20/01604/FL Former Universal Garage Silver Street Whitby North Yorkshire YO21 3BU
- Use of site as temporary car park for 48 vehicles
Whitby Civic Society understands that this is basically an application to extend the current arrangement. We believe that there is a need for some adjustments to take account of changes since the car park was previously approve.
In recent years there have been increasing problems with traffic along Silver Street, which is a narrow two-way thoroughfare. The problems have intensified in 2020 as a result of increased footfall among stay-cation visitors, and the prevalence of queuing outside the food outlets in the street. We note that the Borough Council's Local Plan requires applicants for parking facilities "to demonstrate that there are safe access and servicing arrangements for vehicles, cycles and pedestrians". Guidance from NYCC Highways must be sought which takes account of these changes and minimises the risks.
In addition, we would welcome a commitment from the applicant to improve the appearance of the park, which should reflect the fact that it is situated in Whitby's historic Conservation Area.
Planning Application 20/01503/FL 12 Flowergate Whitby North Yorkshire YO21 3BA
- Conversion of part of ground floor shop (A1) and erection of first floor extension to provide 2no. flats to rear with external staircase and walkways to provide access to the existing and proposed first floor flats.
Whitby Civic Society wishes to object to the application as it currently stands. The premises are listed as part of a group from 9-12 Flowergate in the Conservation Area, and the alteration will be visible from the harbour. This does not seem compatible with the statutory obligation on the authority to permit developments only where they help maintain and enhance the character and appearance of the area.
We would like the authority to follow the recommendations of its conservation officer (as suggested in Historic England's letter) on the scale of the changes and the use of traditional style materials. We also note the negative impact of the proposal on the immediate neighbours.
Planning Application 20/00967/RG4 Land South Of Whitby Abbey Abbey Lane Whitby
- Change of use, alteration and extension of agricultural buildings to form distillery (B2) and visitors centre (D1), formation of new access track, gates and hard-standing areas for pedestrian and vehicular access
The application concerns a historically sensitive piece of land forming part of the immediate environs of Whitby Abbey. We were pleased to see that the applicant has discussed the proposal with Historic England and with the local authority's Conservation Officer. The applicant also approached the Civic Society to seek our views.
The existing buildings are in poor condition and the proposal involves changes that we view as welcome and indeed desirable; they will help improve the look of the area, and will provide a long-term home for a successful local employer. We believe that the proposed change of use is appropriate and the associated facilities will add to the attractiveness of this part of Whitby for visitors and local people.
We note the reservations expressed by Historic England, and accept the case they make for an archaeological evaluation before permission can be granted. We similarly accept the proposal from the County Principal Archaeologist. We hope that this can be resolved satisfactorily.
We also have two rather less pressing concerns, first over the impact of the access road on pedestrian traffic and second over the proposals for drainage; we will explore these directly with the applicant. There will also need to be further discussions over accessibility for people with disabilities.
Planning Application 20/00968/LB Land South Of Whitby Abbey Abbey Lane Whitby
- Internal and external alterations and extensions to existing curtilage listed barns
The application concerns a historically sensitive piece of land forming part of the immediate environs of Whitby Abbey. We were pleased to see that the applicant has discussed the proposal with Historic England and with the local authority's Conservation Officer. The applicant also approached the Civic Society to seek our views.
The existing buildings are in poor condition and the proposal involves changes that we view as welcome and indeed desirable; they will help improve the look of the area, and will provide a long-term home for a successful local employer.
We note the reservations expressed by Historic England, and accept the case they make for an archaeological evaluation before permission can be granted. We hope that this can be resolved satisfactorily.
We also have two rather less pressing concerns, first over the impact of the access road on pedestrian traffic and second over the proposals for drainage; we will explore these directly with the applicant. There will also need to be further discussions over accessibility for people with disabilities.
Planning Application 20/01045/HS Flat 2 30 Flowergate Whitby
- Replacement windows in upvc
The property is within the Conservation Area, and the authority is therefore under a statutory obligation to ensure that development should help maintain and enhance the appearance and character of the surroundings. While we support the proposal, we strongly recommend that permission be granted subject to a condition that the windows be in a suitable heritage style.
Planning Application 19/02865/FL Middle Earth Tavern, Church Street
- Installation of glazed balcony and replacement of two windows with doors at first floor. Installation of removable railings and decking to courtyard at ground floor level, all to front elevation.
Whitby Civic Society objects to this application. This listed pair of buildings is in the Conservation Area, and the Planning Authority is therefore required to ensure that it meets the aim of preserving and enhancing the character and appearance of the area. Much of the application seems substantially same as 19/00246/LB, which the planning authority rejected on the grounds that the balcony would harm the appearance of the building, while the proposed doors and windows would be inconsistent with the rest of the building. These problems also characterise the present application; glazed guarding is not in character with the area; the proposed first floor windows, judging by the proposed front elevations, are not in keeping with the rest of the building. In addition, the plans now include a parking space which appears to be on the public pavement; this would set a worrying precedent for other properties if permitted. In addition, the parking space is hard up against a wall and appears to block a fire escape, and has insufficient space to download a wheelchair; we cannot find any proposal for disabled access to the balcony.
Planning Application 20/00747/LB 21 St Hildas Terrace
- Retention of existing car park, subject to a 3m reduction in length. Provision of bin store.
Whitby Civic Society wishes to object strongly to this application. While a reduction in length is an improvement, the extension of the car park is unacceptable. The authority, in its original decision to permit the car park, imposed conditions that were intended to "conserve the setting of this listed building and the townscape character of St Hilda's Terrace". Subsequent expansion of the car park appears to have been undertaken without permission, and without action by the Planning Authority, despite the fact that the Authority is required by statute to act in such a way as to preserve and enhance the appearance and character of the Conservation Area. This is an iconic elegant Georgian terrace; the extended car park is highly visible from the street and from Pannett Park, and detracts from the townscape. Furthermore the energy meters ranged across the edge of the car park are an eyesore, and there is no current proposal to screen the bin store. Finally, if approved, this development would set a worrying precedent for similar developments elsewhere on this historic terrace.
We were surprised and disappointed to see that the Authority proposes to treat this as a delegated decision. Given the gravity of this case, we believe it should be considered by the elected members.
Planning Application 20/00514/LB 21 St Hildas Terrace
- Retrospective terracing and external works to garden of Flat 1 21 St Hilda's Terrace including walls and planting areas
This property is a Grade II* Listed Building, fronted by a separately listed Grade II brick wall. It is well within the boundary of Whitby Conservation Area. It is currently under an Article 4 constraint requiring 'No alteration to external appearance or the property without the permission of the Local Planning Authority'. It sits in the middle of an iconic terrace of attractive Georgian houses that is visible from the street as well as from Pannett Park, and represents a significant heritage asset.
We objected strongly to the previous applications concerning the walls, and were very surprised to see our comments reported to the planning committee as comprising 'positive and negative comments'. We therefore reiterate our judgement that the proposed wall is far too high, and we repeat our view that it should be reduced by ten courses. At its proposed height the wall will be out of keeping with the building and with the remainder of the Terrace, and accordingly will harm rather than enhance the character and appearance of this part of Whitby Conservation Area.
We note that this is not the view of the developer's heritage consultant. Her report claims that the wall 'minimises impact and maximises enhancement', but she provides no evidence for enhancement, and we have seen no engineering evidence that supports the claim that a wall of this height is required. She states that the wall 'is considered necessary' but does not say who has made this judgement or on what basis. She does not address the fact that the wall is clearly visible from the street, and thus disrupts this iconic streetscape.
While we are aware that there is some risk of being misinterpreted as somehow supporting the application, we have no objection to the use of reclaimed brick, and we are broadly satisfied with the planting approach proposed.
We are amazed that the planning authority should be asked yet again to approve the works that the developer has already carried out. We have objected to previous applications relating to the unauthorised wall; these have either been withdrawn or refused. Further, the application should not be considered in isolation; the only justification for the wall so far presented appears to be that it is required because of the car park, which was itself extended without planning permission. Although this application does not relate to the car park, the unauthorised wall and the unauthorised extension are clearly linked.
Currently, a fine building has the appearance of a semi-derelict building site, thanks to two sets of unauthorised works. This situation has now dragged on since 2015, and we are deeply disappointed in the authority's inability or unwillingness to protect such an important heritage asset. We now find ourselves forced to question whether the authority has the capacity or will to carry out its statutory duty of preserving and enhancing such an important element of the Conservation Area.
Planning Application 20/00764/AA Cex 61 Baxtergate
- 1no fascia and 1no projecting sign
Whitby Civic Society wishes to object to this application. The building is Grade II listed and is sited in the heart of Whitby Conservation Area, placing the authority under a statutory obligation to protect and enhance the character and appearance of the street. The applicant has chosen not to comply with the recommendations for heritage colours given in the Conservation Area Management Plan, so that the proposed colour scheme is out of character with the area and runs counter to the Authority's Management Policies 7 and 8. The applicant's case appears to be based solely on claims about the market situation, which is unsupported by evidence and anyway is not a material planning consideration. We agree with the applicant that some other premises on Baxtergate have used non-heritage colours, and the authority is of course under an obligation to consider this in any future planning application affecting premises whose fascia are out of character.