Inspector reverses gaming centre plan rejection

Plans which had previously been rejected to convert a former bank into a 24-hour adult gaming centre can now go ahead after that decision was overturned by a government inspector.

The proposal for the ex-Halifax Bank on Baxtergate in Whitby was refused by North Yorkshire Council last year following a petition to parliament and over 500 objections.

But after an appeal by Luxury Leisure, trading as Admiral, the planning inspector said he found "no compelling evidence" the proposals would lead to noise levels adversely affecting people living nearby.

He said he had taken into consideration "the weight of public opposition to the proposal", but added that his decision was based on planning policy.

In his ruling, the inspector said that due to the "discrete nature" of adult gaming centres, "I consider that such uses can be successfully accommodated in shopping areas without resulting in harm".

Last March, Scarborough and Whitby MP Alison Hume, presented a petition to parliament urging the government "to encourage North Yorkshire Council to reject the application" days before planning permission for the gaming centre was denied.

However, a report published by the Planning Inspectorate said North Yorkshire Council had not supplied a statement "defending this approach" at the appeal stage.

Following the original decision to reject the application, several North Yorkshire councillors said the planning committee should have approved it, but with restricted hours, according to the Local Democracy Reporting Service.

As part of its appeal, Luxury Leisure had applied for an award of costs on the grounds that councillors "behaved unreasonably" leading to "unnecessary or wasted expense in the appeal process".

But the inspector disagreed, adding that he was "satisfied that this judgement was exercised reasonably".

"Although I took a different view on the matter at appeal, the council's members were entitled to take the opposite view, contrary to its officers," he explained.

When the planning committee rejected the proposal for the gaming centre, councillor Derek Bastiman said: "If it's approved, Whitby will become the Las Vegas of the east coast."

However, the inspector said he was "satisfied it would not generate anti-social behaviour".

In his report, he stated that background music played in adult gaming centres was "similar to a retail unit, the noise of which is contained within the building".

"The appellant sets out that customers are free to walk in prior to 10pm, after which the doors are normally locked and customers are individually 'buzzed in'," he said.

"I would further note that owing to the 24-hour nature of the use, exit or arrival would not be concentrated at closing or opening times, as can sometimes be a feature of other late opening uses."

Councillor Neil Swannick, who represents Whitby Streonshalh on North Yorkshire Council, said he was disappointed by the inspector's decision, but added that it "came as no surprise".

​Luxury Leisure said it would invest £500,000 in the property and would create 12 full-time equivalent jobs.

"The proposal will result in the viable re-use of vacant retail premises and in the professional agreement of the North Yorkshire planning officers will not harm the vitality and viability of Whitby town centre," it said.

​It added that there would be "no noisy amusement arcade equipment which attracts under-18s and has an impact on amenity".

Listen to highlights from North Yorkshire on BBC Sounds, catch up with the latest episode of Look North.