Issue - meetings

Change of use from a financial and professional services, retail and cafe (Use Class E) to a mixed-use comprising retail, restaurant and cafe (Use Class E) and a drinking establishment (Sui Generis) and retention of awnings and air conditioning units

Recommendation: Approval

RESOLVED: That the application be approved subject to the addition of a fire safety condition to come into effect on commencement of the restaurant operation.

Change of use from a financial and professional services, retail and café (Use Class E) to a mixed-use comprising retail, restaurant and cafe and a drinking establishment (Sui Generis) and retention of awnings and air conditioning units.

Officers presented the report and highlighted the information in the addendum. The application was recommended for approval.

A written submission was read out on behalf of Ward Councillors objecting to the proposal. Key points highlighted included:

·       Policy DMTC4 placed the onus on the applicant to demonstrate that there would be no adverse impact on or loss of amenity to nearby properties;

·       The Planning Committee had not been provided with a noise impact assessment to enable it to assess this information;

·       The absence of detail regarding the kitchen layout and ventilation rendered an informed decision impossible;

·       The absence of a service plan made impact on highways impossible to determine;

·       It was unclear whether the fire exit precluded one of the car parking spaces from being used – the site plan suggested that safe exit may be hindered by the bicycle store and stairs from flats above.

Noting the Planning History at the site, Members enquired how the current application differed from previous ones. It was confirmed that, in the latest application, the rear entrance would no longer be used to access the drinking establishment in the basement. The previous application had also sought longer operating hours; these had been reduced in the current application which proposed a closing time of 12pm.

Members observed that kitchen equipment would be contained in the basement and enquired whether a fire safety condition should therefore be applicable to ensure the safety of the establishment and of neighbours. It was confirmed that there was no requirement for fire safety information to be included in the application; however, at the request of the Committee, it was agreed that a fire safety condition would be added which would come into effect on commencement of the restaurant operation.

With regards to noise concerns, Members heard that a noise impact assessment would be submitted prior to the commencement of the new operation at the premises.

Members raised no further objections or requests for clarification. The officer’s recommendation was moved, seconded and, when put to a vote, unanimously agreed. Councillor Alan Kauffman did not vote on this application as he had been absent during part of the presentation of the item.

RESOLVED: That the application be approved subject to the addition of a fire safety condition to come into effect on commencement of the restaurant operation.