Bar, which was refused permission to open despite undertaking substantial works could still be won on appeal...

An applicant who was refused planning permission to open a bar in the towns York Rd & is now facing the prospect of enforcement action, likely has considerable grounds for appeal a source told HBC Exposed this week.

3rd December 2024

The decision by Hartlepool Borough Council to reject a planning application for a new bar and nightclub at 117 York Road could be set to go before the planning inspectorate for a final decision following claims the applicant has considerable grounds for appealing the councils refusal to allow the bar to open despite officer recommendations outlining their approval for the plans.

The application, submitted by Mr. Ashley Johns, aimed to convert a vacant retail unit into a bar/nightclub with restricted opening hours, but it faced heavy resistance from councillors despite not only receiving recommendation for approval from council planning officers, but also receiving just two objections from the local community against numerous letters of support. . .

The application sought permission from Hartlepool Borough Council for a change of use of the unit from retail to a bar/nightclub (Sui Generis) over the ground and first floors.

Alterations to the shopfront were also proposed, retaining traditional design elements whilst modifying access. Importantly, the applicant had reportedly agreed to conditions aimed at mitigating potential issues, such as:

• Restricted Hours: The venue would close by 11:30 PM daily.

  
  

• Noise Mitigation: A detailed noise insulation scheme was required to protect nearby residential properties.

  
  

• Privacy Measures: Two first-floor rear windows overlooking nearby residential properties were to be bricked up.

  
  

• Waste Management: Bins were to be stored internally overnight to minimize disturbances.

  
  

Officers highlighted that the development complied with policies RC2 and RC17 of the Hartlepool Local Plan, which support drinking establishments in town centres under certain (tight) conditions. They also noted the venue’s potential to contribute to town centre vibrancy, a key objective of local policy, However, Despite council planning officer's detailed recommendations, councillors opted to refuse the application, claiming their decision reflected concerns raised during the consultation process, including the Impact on Residential Areas: such as the property being in close proximity to residential properties on Johnson Street, where Labour councillors felt the bar would lead to unacceptable noise and disturbance. Additional concerns come in the form of Anti-Social Behavior, with Local residents reporting existing issues with anti-social behaviour from nearby bars and feared the development would only exacerbate the problem, with councillors also reportedly questioning whether the proposal actually aligned with the intent of the local policies designed to balance commercial growth with residential amenity.

The proposals arguably drew a divided response from the public. Supporters claimed that the venue would close early compared to other bars, & that staff would be trained in noise management, with the bar’s community focus contributing positively to the area. Opponents however, cited concerns about noise, disruption, and the cumulative effect of more drinking establishments in the area.

The conflict between Councillors & Planning officers has opened the prospect of a potential appeal to the Governments Planning Inspectorate...

The owners of the proposed bar have the option to appeal the decision to the Planning Inspectorate, as its claimed that now permission for the bar to open has been refused, the owners now face the impending prospect of being made the subject of enforcement axction by the local council which in 2023 was declared an authority of no public cnfidence. .

Whilst the officer recommendation for approval very much strengthens the applicants case, the councillors' refusal is said to be grounded in legitimate planning considerations, particularly the proximity to residential areas and concerns over anti-social behavior.

A planning agent who spoke to HBC Exposed today stated that the applicant would need to demonstrate that the proposed conditions sufficiently addressed the council's concerns. Additionally, the applicant may need to provide further demonstrateable evidence of measures to prevent disruption to nearby residents, with the latest decison said to be doing Hartlepool Borough Council no favours in terms of building meaningfull relations between local businesses & the council itself & that refusing fledgeling businesses such as this the chance to prove themselves only serves to push further investment away from the town to other boroughs who are more amenable & understanding to those looking to start a business in the region.

The decision to reject the bar proposal in York Rd underscores what many claim is the challenges of balancing town centre regeneration with preserving residential quality of life. Whilst the development promises to bring economic benefits to what would have been 'a vacant unit', councillors are being accused of developing "tunnel vision" when it comes to how they want Hartlepool to grow as a town, seemingly seeing any local business looking to invest in the town as something to be shunned & not to be supported.

Whether this marks the end of the road for the proposal—or perhaps the start of a lengthy appeals process remains to be seen. But HBC Exposed will be monioring the development closely, as it seems a Labour controlled council in Hartlepool has done little to attract any meaningfull investent into Hartlepool since it gained control of the town council in May 2024 & concerns raised nationally that business confidence in a Labour Government is almost as bad as it is here in Hartlepool....

And that in itself is leading to claims Hartlepools investment drive has "hit the skids" & likley to see the town driven back a decade once more.