Whitby Gaming Centre Appeal Progressing

A Whitby councillor says changes are needed to the planning rules for gambling centres.

It comes as the company who submitted a planning request for a controversial Adult gaming centre in Whitby have lodged an appeal against its refusal.

Luxury Leisure had plans for a gaming centre on Baxtergate turned down by North Yorkshire Council.

Local Councillor Neil Swannick say the company have lodged an appeal:

"They have a reputation of winning these appeals, unfortunately.

And the reason why they win the appeals is because there was a phrase inserted in the gambling legislation during the period of the last government which was 'at the behest of the gambling industry'.

And that means that, local authorities, local planning authorities, and in this case the secretary of State, through the planning inspectorate, have to aim to permit adult gaming centres.

The field is not level. It's balanced  in favour of adult gaming centres.

And I'm pleased to say that our MP Allison Hume is now working with others to try to change that legislation.

The plans to create a 24-hour adult gaming centre at the site of Whitby’s last high street bank were rejected in March despite a council recommendation to approve the scheme.

More than 500 objections were lodged by residents. Councillors on the planning committee went against planning officers’ recommendations to grant permission for the applicant, citing concerns about impacts on amenity and the character of the town centre.

Speaking at the time Councillor Derek Bastiman said: 

“If it’s approved, Whitby will become the Las Vegas of the East Coast.

“It will detract wholly from Whitby which enjoys visitor numbers 52 weeks a year and I can see no benefit to the town or the wider area.”

Councillor Swannick is also not a fan of teh proposal.

"An adult gaming centre right slap bang in the middle of our shopping street, and I think we all know that won't attract many people to our shopping street at all. In fact, it could well be a very negative effect on their.

Although ironically the agent for the company at the planning hearing argued that there were lots of empty units and this would really benefit Baxtergate.

I said,  I don't think you'll find that many people in Whitby agree with you on that." 

In their appeal luxury Leisure states that the official reason they were given for the refusal was :

"It is considered that customers approaching, entering and leaving the premises is likely to result in levels of noise disturbance late in the evening and the early hours of the morning, when this part of the town centre is quiet and ambient noise levels are low, which would unacceptably harm the amenities of the occupiers of residential properties in this part of the town centre.

Therefore, approval of this proposal would be contrary to policy DEC 4 of the adopted Scarborough Borough Local Plan and
paragraph 135 of the National Planning Policy Framework. Policy Dec 4 seeks to protect the amenities of the existing occupiers of land and buildings and states that proposals for development should not give rise to unacceptable impacts by means of disturbance arising from noise. The National Planning Policy Framework advises that planning decisions should create places which promote health and well-being with a high standard of amenity for existing and future users."

They refute the council's reason for refusal stating:

"The council has no doubt phrased the reason for refusal in order to protect itself from a potential costs award. However, the appellants contend that any reasonable assessment and consideration of the NPPF, local development plan policy and the Government’s endorsement of a diversity of town centre uses as a result of the impact on the UK high street of the Covid-19 pandemic would result in a favourable determination.

The proposal would result in the creation of 12 new jobs, the viable re-use of vacant retail premises and in the professional agreement of the North Yorkshire planning officers would not harm the vitality and viability of Whitby town centre and would be acceptable in principle as a main town centre use. Nor in the agreement of planning officers would the proposed use harm amenity by means of disturbance."

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