A planning inspector has granted permission at appeal to convert a vacant restaurant and takeaway in Sidwell Street into an “adult gaming centre” after Exeter City Council failed to determine an application for change of use of the unit within the statutory time limit.
The application to convert former pizza restaurant Firezza was submitted to the city council by Merkur Slots Limited UK last July at the same time as an application for a 24-hour premises license under the Gambling Act 2005.
The license was granted by the council’s licensing sub-committee in November.
The following month, Merkur lodged an appeal with the planning inspectorate for non-determination of its change of use application by Exeter City Council, taking away the council’s jurisdiction over the decision.
Merkur said its plans to open a 24 hour, year-round gambling facility in Sidwell Street – its second in Exeter city centre – would “bring a long-standing vacant unit back into active use” and create between six and twelve jobs.
Former Firezza in Sidwell Street
Notwithstanding Merkur’s appeal, the change of use application was brought before Exeter City Council’s planning committee in January in response to a request from committee members.
The committee was asked to “consider what decision it would have made if it were still within its remit to determine the application” so as to inform the council’s position in the appeal process.
A council officer’s report admitted that there was “some potential for noise and disturbance to be caused to nearby residents by 24/7 operation”.
But it recommended that approval should be granted, describing the proposed use as “a sustainable and appropriate addition to the city centre, contributing positively to Exeter’s economic, social and environmental objectives”.
It nevertheless recommended the inclusion of a condition that the gaming centre’s opening hours should be restricted to between 9am and 2am to “limit increased impacts” in an “area known for crime and anti-social behaviour”.
The change of use application prompted thirteen objections which cited concerns over potential anti-social behaviour and noise impacts, pointing out the centre’s proximity to many community amenities.
Several observed that the proposal was contrary to an Exeter City Council planning policy which says that amusement arcades will not be permitted “close to housing, schools, churches, hospitals or hotels” and where they would “cause noise or disturbance”.
Sidwell Street Methodist Church, Exeter Mosque, St Sidwell’s Community Centre and St Sidwell’s Chapel, St Sidwell’s Primary School and numerous hostels and flats including Sidwell Studios, a YMCA-provided accommodation block for young people leaving supported housing, are all nearby.
Exeter St James Community Trust said in its objection to the proposal that approval of the gaming centre “would be a retrograde step, jeopardising the endeavours of so many to make Sidwell Street a safer environment for all”.
The planning inspector noted many of these concerns, saying they “appreciate[d] that the change of use may not be desirable to some members of the local community”.
However, they found no evidence to “demonstrate that the proposed change of use and the hours proposed would result in any increase in crime and disorder or that there would be any serious detrimental impacts on the health of local residents” and so allowed the appeal.
