Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 15th October, 2012
Report of the Cabinet Member for Leisure, Parks, Culture and Sports Development
Marco's Café Barry Island
Purpose of the Report
1. To seek a decision on the letting of an area of land on Barry Island Promenade, adjacent to the Western Shelter, for the installation of an additional roofed seating area for use by Café customers.
1. That, notwithstanding the objections received, Cabinet authorise the grant of a new lease incorporating the existing premises and the additional land in question.
2. That the Head of Legal Services be authorised to surrender and sign a new lease for land adjacent to the existing café at Barry Island.
3. That the Head of Legal Services, in consultation with the Cabinet Members for Regeneration, Innovation, Planning and Transportation and Leisure, Parks, Culture & Sports Development, be authorised to prepare, complete and execute the aforementioned lease.
Reasons for the Recommendations
1. There is little loss of useable public open space as the area proposed is mostly used in an informal manner for external seating for the café at peak times, also the benefits to visitors who may wish to use this area in inclement weather is greater than those who could be disadvantaged by the loss of its use as an open area in the future.
2 and 3
In order to facilitate improvements works to the Café and to create additional all weather capacity for the facility.
2. On the 30th July 2012, Cabinet considered a report on a proposal relating to an application from the owner of Marco’s Café to extend the Café and the lease (Minute No. C 1810 refers). Approval was sought for the surrender of the existing lease and to grant a new lease for the above café, which is located adjacent to the Western Shelter, Barry Island.
3. The proposal was to surrender the existing lease five years early and for the Council to grant a new lease to include an additional area as identified in an Appendix to the report for a term of 25 years, subject to a rent review at 7 year intervals and the new lease would expire in 2037.
The decision of Cabinet was as follows:
RESOLVED - T H A T the Head of Legal Services be authorised to issue a new lease to the existing lease holder, as detailed in the report and that the disposal of the additional land required for this lease be advertised in accordance with Section 123 of the Local Government Act 1972.
Reason for decision
To permit the undertaking of improvement works to the cafe and to create additional all weather capacity for the facility.
4. In accordance with the above minute officers advertised this lease as a proposed disposal of Public Open Space under S.123 of the Local Government Act 1972.
5. Advertisements were placed for two consecutive weeks, 16 and 23 August 2012, in the local press, and as a result a number of objections were received, as attached at Appendix (1).
6. The applicant has obtained planning consent (2011/00782/FUL) for the development, and the leaseholder is now seeking to lease the additional land identified within the application. The structure will incorporate an additional area comprising 192 sq m of existing public access Promenade.
Relevant Issues and Options
7. The objections received focus on the 'loss' of Public Open Space within the Western Shelter area of the Promenade at Barry Island, and the detrimental affect this could have on visitors to Barry Island. Although some would appear to have an element of non-associated issues to this particular application for a new lease underlining their objection.
8. The proposal to let the area to the Café operator is specifically for the purpose of providing an all weather facility on the Promenade where visitors to the area can partake of refreshments in the open air, but be protected from inclement weather. The operator is planning to install roofing and provide tables and seating for customers within the proposed covered area for use during wet weather.
9. The grant of a new longer term lease provides the operator with the commercial confidence required to make this investment.
10. In terms of available public open space at the Western Shelter, although an area of high footfall, this is a relatively small extension to the existing footprint occupied by the Café, and will not restrict public access adversely under normal day to day use. In addition the majority of the space (192m² in total) is currently already being used on an informal basis for external seating for the café. Whilst the tables and chairs located in this area are not there 24 hours a day and 365 days a year, they are in this position at all peak times. Therefore, the only change in restrictions in access to this area would be during off peak times when there is generally plentiful space on the promenade.
Resource Implications (Financial and Employment)
11. The proposed lease would realise an additional rent to the Council as reported previously.
Sustainability and Climate Change Implications
12. The proposal is aimed at providing an improved all weather facility where visitors to the area can partake of refreshments in the open air but be protected from inclement weather. Officers are working with traders to obtain a greater all year round amenity at Barry Island and whilst this development only represents a small change in this regard, it will assist in enhancing the economic, social and environmental well being of visitors to Barry Island, and the Promenade in particular.
Legal Implications (to Include Human Rights Implications)
13. A lease will be granted to the current Café leaseholder. The surrender of the existing lease and the details of a new lease will need to be agreed, and this will vary the current leased area and rent. All other terms of the lease will remain essentially unchanged.
Crime and Disorder Implications
14. There are no Crime and Disorder Implications as a result of this report.
Equal Opportunities Implications (to include Welsh Language issues)
15. The proposed decking area would provide a level accessed eating area for disabled visitors to Barry Island.
16. The report links to the ‘Regeneration’ corporate priority; to work with partners to develop a sustainable community which maximises opportunities for economic growth, social improvement and environmental regeneration and protection.
Policy Framework and Budget
17. This report is a matter for Executive decision by Cabinet.
Consultation (including Ward Member Consultation)
18. Councillors Hodges and Wiliam have been consulted as Ward Members on this matter and have raised no adverse comments.
Clifford Parish - Operational Manager, Waste Management and Cleansing
Tel No. 02920 673220
Accountant, Building and Visible Services
Operational Manager Legal Services
Group Auditor Audit
Miles Punter Director of Visible Services and Housing