Government Inspector Approves 24-hour Adult Gaming Centre in Whitby

Plans for a controversial 24-hour adult gaming centre in Whitby have been approved on appeal despite hundreds of objections.

​The former Halifax at 67 -68 Baxtergate, Whitby – the town’s last high street bank – can now be converted into an adult gaming centre (AGC) as part of plans by Luxury Leisure which trades as Admiral.

​A North Yorkshire Council planning committee rejected the proposal last March following a parliamentary petition and more than 500 objections “based on loss of amenity, the unsuitable location, noise disturbance, and because it would be to the detriment of Whitby and the character of the town”.

​The refusal has been overturned on appeal by a Government planning inspector.

​The inspector said he found “no compelling evidence” that the proposal would lead to noise levels that would adversely affect or disturb the living conditions of the residents in nearby properties.

​The inspector said he took into consideration “the weight of public opposition to the proposal” but his decision was based on its acceptability based on planning policy.

​“Owing to the discrete nature of AGCs, I consider that such uses can be successfully accommodated in shopping areas without resulting in harm,” he added.

​Council did not defend ‘this approach’

​The MP for Scarborough and Whitby, Alison Hume, had presented a petition to the House of Commons – signed by more than 400 residents – urging the “Government to encourage North Yorkshire Council to reject the application” just days before councillors rejected the scheme.

​However, at the appeal stage, North Yorkshire Council did “not supply an appeal statement defending this approach,” a report published by the Planning Inspectorate notes.

​Following the original decision to reject the application, several NYC councillors said the committee should have approved the application with restricted hours instead of refusing it.

​The AGC will be allowed to operate on a 24-hour basis.

​However, the inspector ruled in favour of the council after Luxury Leisure also applied for an award of costs on the grounds that councillors had “behaved unreasonably” leading to “unnecessary or wasted expense in the appeal process”.

​In his decision on the application for costs, the inspector said: “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.

“On the basis of what is before me, I am satisfied that this judgement was exercised reasonably”.

​‘Las Vegas of the East Coast’

​When the planning committee decided to reject the AGC proposal last year, Cllr Derek Bastiman said: “If it’s approved, Whitby will become the Las Vegas of the East Coast.”

​Addressing the main concerns about possible effects on the living conditions of neighbouring residents, the inspector said he was “satisfied that it would not generate anti-social behaviour”.

​A report states that the AGC will offer a range of gaming machines limited to “low stakes of between 10p and £2 and will not include fixed odds betting terminals”.

​The inspector’s report states: “AGCs play background music internally similar to a retail unit, the noise of which is contained within the building, whilst the machines themselves are quiet”

​“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 added: “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.”

​The inspector also dismissed concerns about an impact on the character and appearance of Whitby’s conservation area as no external alterations had been proposed.

​“Should any external changes be required, along with advertisement displays, these would be considered as part of any future applications for planning permission or advertisement consent,” he added.

‘Wasting no time’

​Cllr Neil Swannick, who represents Whitby Streonshalh on NYC, said he was disappointed by the inspector’s decision but added that it “came as no surprise”.

​“The Government seems to have now woken up too late to the disastrous consequences of the three words in planning law – ‘aim to permit’ – which are letting through a tide of these gambling dens on to our high streets,” he told the Local Democracy Reporting Service (LDRS).

​He added: “In fact, the owners are wasting no time: workmen are already on site turning the former Halifax bank into an [adult gaming centre].”

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

​The company added: “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.”

​Luxury Leisure, which is part of the Novomatic Group, said it employs more than 2,000 staff in the UK and accounts for 22.5 per cent of the UK adult gaming centre market “such that it is a highly experienced responsible operator in this market”.

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