Agenda item

Variation of condition 5 (Opening Hours) of planning permission ref: 1095/APP/2014/3713 dated 30/01/2015 to allow extended opening hours (Change of use from Use Class A1 (Shops) to Use Class A3 (Restaurant) involving, installation of new shopfront, outdoor seating to front and installation of extraction fan to rear associated works)

Recommendation: Approval

Variation of condition 5 (Opening Hours) of planning permission ref: 1095/APP/2014/3713 dated 30/01/2015 to allow extended opening hours (Change of use from Use Class A1 (Shops) to Use Class A3 (Restaurant) involving, installation of new shopfront, outdoor seating to front and installation of extraction fan to rear associated works).

Officers introduced the report and advised that an application had previously been approved for a change of use from Use Class A1 (shops) to Use Class A3 (Restaurant).

The application to be considered by the Committee was for an amendment of a condition that set the permitted opening hours of a restaurant at the site. The restaurant was currently permitted to be open 7am to 11pm. The applicant had requested that this condition be amended to allow the restaurant to open for an extra hour, from 7am to Midnight.

Officers advised that the premises had formerly been a Blockbuster video hire store and had had been vacant since the collapse of Blockbuster. The only relevant factor for the Committee to consider in determination of the application was whether the proposed increase in opening hours was likely to result in an unacceptable noise impact.

The premises were in Northwood town centre and in a secondary shopping area. There were office premises immediately above the restaurant. Officers, considered, therefore, that the proposals were unlikely to result in an unacceptable noise impact. Approval of the application would also have the benefit of bringing disused premises back into use. 

The Council's Environmental Protection Service had been consulted and had no objections to the application. It was noted that the sale of alcoholic beverages would require a licence application and that this would enable licensing conditions to be imposed if they were considered to be appropriate.

In accordance with the Council's constitution, the meeting was addressed by a representative of the petitioners and by the applicant's agent.

The petitioner made the following points in objection to the application:

·         The comments made by internal consultees within the officer report made no reference to the impact on green space in the neighbouring area.

·         The petitioner drew the Committee's attention to some photos that they had brought to the meeting. These showed litter and an area that the petitioner said was used for late night parties.

·         Granting of permission for increased opening hours was likely to result in an increase in late night noise and litter in the area and would have a detrimental effect on the surrounding area.

·         The petitioners did not object in principal to the operation of a restaurant from the premises, but this should only be permitted where resulting impacts could be alleviated effectively. The petitioners felt that food would be taken and eaten away from the premises, resulting in increased litter.

·         The petitioners disagreed with the suggestion that there were no residential properties in close proximity to the premises. Planning policies OE1 (Protection of the character and amenities of surrounding properties) and OE3 (Buildings or uses likely to cause noise annoyance - mitigation) should therefore apply.

The applicant's agent made the following points in support of the application:

·         Planning permission had been granted for a restaurant at the premises in January 2015. The restaurant would bring premises that had been unoccupied for around a year back into use.

·         Twelve new jobs would be created by the restaurant and it would have a positive impact on other local businesses.

·         The current planning conditions would prevent employees from cashing up after 11pm. This would result in the premises not being viable for evening trade.

·         The Council's Environmental Protection unit had not previously considered that there needed to be specific restrictions on the opening hours of the premises.

·         The premises would generate very little noise as they would accommodate a quality restaurant and not a takeaway.

·         The existence and location of outdoor seating had been subject to a separate application and was therefore not relevant to the current application under consideration.

The Committee questioned whether food would be taken out of the premises, as had been suggested by the petitioner and what time the kitchen was likely to shut each night. It was confirmed that the planning permission already in place was for use of the premises as an A3 restaurant and not as a takeaway or for mixed use. The kitchen at the premises was likely to shut at around 9:30 pm. It was noted that although approval of the application would permit the premises to be open to the public from 7am to Midnight, this would not prevent clearing up from taking place outside these times.

The Chairman advised that it was not possible to trace litter in the area to the premises in question as they were a restaurant rather than a takeaway. This factor was, therefore, not relevant to the determination of the application.

A Member reflected that a number of nearby takeaways were already open until midnight and that they had no concerns about the proposed extension of the permitted opening hours as this would help facilitate proper cleaning. There would be minimal noise impact as the location was in a town centre and the bringing back into us of the premises should be welcomed.

The recommendation for approval was moved, seconded and on being put to the vote was approved by eight votes to one.

Resolved - That the application be approved as per the officers' report and the addendum sheet circulated at the meeting.