Agenda item

Variation of condition Nos. 4 and 6 (Opening and Delivery Hours) of planning permission ref 56137/APP/2010/48 dated 10/05/2010 to allow staff to be permitted on the premises between 23.30 and 08.00 and also to allow the premises to have deliveries or collections, including waste collections between the hours of 08.00 and 22.00 daily (Change of use to Class A3 Restaurant and Class A5 hot food takeaway and elevation alterations).

Recommendation: Approval

Variation of condition Nos. 4 and 6 (Opening and Delivery Hours) of planning permission ref 56137/APP/2010/48 dated 10/05/2010 to allow staff to be permitted on the premises between 23.30 and 08.00 and also to allow the premises to have deliveries or collections, including waste collections between the hours of 08.00 and 22.00 daily (Change of use to Class A3 Restaurant and Class A5 hot food takeaway and elevation alterations).

Officers introduced the report and drew the Committee’s attention to the changes set out in the Addendum.

In accordance with the Council’s constitution, a representative of the petition received in objection to the application was invited to address the meeting.

The petitioner made the following points:

• The change in condition would be detrimental to the amenity of local residents.
• There already were issues with litter and unpleasant odours and extended opening hours would exacerbate these problems
• There already were a high number of fast food takeaways and additional operating hours were unnecessary
• An extension to operating hours would further affect local residents through additional noise

The agent made the following points:

• The application was for a simple variation to two conditions (condition 4 – hours of operation and condition 6 – delivery times)
• The hours of operation condition sought was different to the one used in the south of the Borough
• Additional hours were being sought by the applicant to allow them to have greater flexibility to lock-up, clean and stock take
• The fast food restaurant only had 3 deliveries per week which would minimise disruption to local residents.

A Ward Councillor addressed the meeting and made the following points:

• In relation to the hours of operation, there did not appear to be any justification for wishing to open up any earlier than the current time.
• Both conditions should be used to protect the amenity of local residents
• It was unnecessary to collect refuse at 10 pm at night
• To request the Committee to overturn the officer recommendations and refuse the application

In discussing the application, the Committee agreed that (permission to accept) deliveries at 10 pm would cause additional noise disruption to local residents. It was also likely that if employees remained on the premises after 11pm, this would most likely be for cleaning rather than stock taking purposes

Officers advised the Committee that it was not possible to agree a split decision on the application and Members would need to either accept or refuse the officer recommendations set out in the report.

It was moved, seconded and on being put to the vote it was unanimously agreed to overturn the officer recommendation.

Resolved –

Member Overturn.  Refused due to detrimental impact on the amenity of nearby residential occupiers. Final wording of the refusal reason to be agreed by the Chair and Labour Lead outside of the meeting:

'The proposed amendments to conditions 4 and 6 would lead to an increase in activity, noise and disturbance which would be detrimental to the amenity of the area and nearby residential occupiers contrary to Policies BE19, OE1 and OE3 of the Hillingdon Unitary Development Plan Saved Policies (September 2007), the London Borough of Hillingdon's Noise Supplementary Planning Document, Policy 7.15 of the London Plan (July 2011) and the National Planning Policy Framework.'