Agenda item

Change of use to Class A3 (Restaurants and Cafes) with ancillary takeaway use (Class A5) with associated parking and the erection of a extraction flue (involving demolition of part existing single storey rear extension).

Recommendation : Approval

Change of use to Class A3 (Restaurants and Cafes) with ancillary takeaway use (Class A5) with associated parking and the erection of a extraction flue (involving demolition of part existing single storey rear extension).

1767/APP/2009/2494

In accordance with the Council’s constitution a representative of the petitioners addressed the meeting.  The agent was not present at the meeting.

The petitioner raised the following points:-

• The parking restrictions had been extended due to the current parking problems that already occur in this area.
• No further vehicle crossovers are allowed in the area as Transport for London considered it too dangerous.
• Additional parking problems and additional congestion in the area would be caused for all those living in the area if the application was allowed.
• Residents parking permit scheme was being misused and is currently being investigated.
• There was insufficient space at the rear to accommodate the parking spaces, cycle storage and bins as shown on the plans.
• Residents in Pinglestone Close use the rear access to access their rear gardens and garages.

Clarification was sought on the issue raised by the petitioner in regard to the accommodation of the parking, bins and cycle storage.

Officers advised the committee that there was an anomaly on the plans and the measurements of the bins had been transposed.  It was suggested that an informative be added to ensure this is correct if the proposal was implemented.  The committee were also informed that condition 10 on the addendum sheet should be condition 11 and need to be amended to insert after ‘No’ ‘waste collection and’.

In answer to an issue raised in relation to the cycle storage members were informed that the space provided was sufficient to accommodate bicycles.

Members raised concerns in relation to whether the number of deliveries could be specified as the size of the bins seemed to be small for such a use.  It was suggested that Condition 12 that covered the issue of waste and litter comes back to committee for discharge.  This was agreed by the committee.

Officers suggested that condition 6 could also be amended to incorporate the concerns raised by members regarding the times for waste collection.  The final wording to be agreed by the Chairman and Labour Lead.

A member asked for condition 14 to be amended to ensure that the takeaway was ancillary to the restaurant.  This amendment was agreed by the committee.

In answer to an issue raised in relation to anti social behaviour and the provision on CCTV officers advised that as there had been no evidence provided it would be unreasonable to attach such a condition.

It was suggested and agreed that an informative be added to ask the applicant to consider installing CCTV to minimise any anti social behaviour in the area.

The recommendation with condition 12 being referred back to committee for discharge, conditions 6, 10, 11 and 14 being amended and an additional informative added was moved and seconded.  On being put to the vote there were 3 for and 2 against approval, the recommendation for approval was therefore agreed.

Resolved – That the application be Approved subject to the conditions and informatives set out in the officer’s report with condition 12 coming back to committee for discharge, condition 6, 10 and 11 being amended and an additional Informative added as follows:-

Amended Condition 6

No development shall take place until details of facilities to be provided for the storage of refuse at the premises have been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the facilities have been provided in accordance with the approved details and thereafter the facilities shall be permanently retained.

REASON

In order to safeguard the amenities of the area, in accordance with Policy OE1 of the Hillingdon Unitary Development Plan Saved Policies (September 2007) and London Plan (February 2008) Policy 4B.1.

Amended Condition 10

No persons shall be permitted on the premises". (delete 'other than staff').

Amended Condition 11

No waste collections and deliveries servicing the development shall take place outside the hours of 0800 and 1800 Monday to Friday and 0800 and 1300 hours on Saturdays. No deliveries servicing the development shall take place on Sundays, Bank Holidays or Public Holidays.

Amended Condition 14

To ensure that the proposed ancillary takeaway use (Class A5) is tied to the Restaurant use (Class A3) and that the takeaway is not operated independent of the restaurant.

Add informative which requires the applicant/developer to consider the use of CCTV at the front of the restaurant to address anti-social behaviour.