The building above York Divan Centre in Clifford Street

PLANNING chiefs have thrown out proposals for new flats in York city centre, but developers could yet win their case on appeal.

An application was tabled for five apartments above the York Divan Centre in Clifford Street, but council planning officers refused the application, saying it was an unsuitable location for flats.

The decision came as the shop announced it was to close after almost 40 years, due to the end of its lease. The unit will remain as a shop, but it is not yet known who will move in.

Planning officers rejected the flats proposal, writing: "Occupants of the proposed development would constantly be disturbed throughout the night by noise". They added: "The proposed development would provide unreasonable levels of residential amenity."

Local councillor Janet Looker said it was good that planning officers were pre-empting potential grievances about late night noise by rejecting such schemes.

She said: "It is an interesting point, because there are increasing numbers of flats in the city centre. You do sometimes feel like saying to people that if you buy there, you are going to have to put up with a certain amount of noise because that's what living in the city centre is about."

She added: "It is a balance between wanting to live in the city centre and accepting that you do get quite a lot of noise." In 2004/05, while Coun Looker was Lord Mayor of York, she voiced concern at the rising number of flats in the city, warning: "It seems as if everything that stands still in York will be turned into flats."

The owners of the Grand Opera House, next door to the Divan Centre, had objected to the plans.

A spokesman said when performances were being staged, there would be "inevitable transfer of noise and vibration to the directly adjacent flats".

He said: "While most shows tend to finish no later than 11.30pm, which in itself will severely affect the occupants of the proposed flats, we are concerned that our ability to use the Opera House until its current licensing hour of 2am would be severely compromised in the future."

Alec Thompson, agent for the applicant Michael Grey, declined to comment when contacted by The Press.

10:33am Friday 28th March 2008

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