Agenda item

Change of use of first floor from 1 x 2-bed flat (Use Class C3) to mixed use restaurant (Use Class A3) and takeaway (Use Class A5), involving installation of fire escape to rear and alterations to side and rear elevations.

Recommendation: Refusal

RESOLVED:

1.    That the application be approved, subject to conditions relating to hours of use and noise mitigation; and

2.    That delegated authority be given to the Head of Planning to determine the wording for the above conditions, in consultation with the Chairman and Opposition Lead.

Officers introduced the report, highlighting that the application had been deferred from the Committee meeting in March 2020 to allow for a Member site visit to be held. Since then, a virtual site visit had been carried out on 17 July, which had shown that, despite a requirement for corrective structural and cosmetic works, the 1^st floor would provide a reasonable standard of living for future occupiers. Officers advised that the application was recommended for refusal, as its approval would lead to the loss of residential units, contrary to Local Plan policy.

The Committee was reminded that, if Members were minded to overturn the officer’s recommendation and approve the application, then sufficient supporting arguments would need to be made as to the economic benefits and importance of the restaurant to West Drayton High Street, and whether these benefits outweighed the loss of the residential unit.

By way of written submission, Councillor Stuart Mathers addressed the Committee as Ward Councillor for West Drayton in support of the application. Key points highlighted were:

·         Over recent years, West Drayton has contributed significantly to the Council’s housing target, with developments such as the old RAF site, Police Station, British Legion, and the replacement of a number of public houses.

·         In contrast, West Drayton High Street had struggled to keep its retail and business units occupied and remain a vibrant offer to local residents.

·         In an area with an abundance of fast food outlets and estate agents, the restaurant at 39 Station Road provides a positive alternative and popular choice for local residents.

·         In what were increasingly difficult times for high streets, with restauranteurs struggling to survive due to the current pandemic and needing more space to serve customers whilst remaining financially viable, Councils need to do all they can to support businesses for a strong recovery. 

·         The proposed change of use provides much needed support for this business and the High Street, with relatively minimal impact on the overall number of residential units in the Borough.

By way of written submission, Councillor Jan Sweeting addressed the Committee as Ward Councillor for West Drayton in support of the application. Key points highlighted were:

·         The officer’s recommendation to refuse the application will not aid the future financial viability of this well regarded restaurant nor will it mean that the owner of the building will be undertaking the extensive refurbishment works necessary to enable the flat to be resurrected from its current poor state.

·         Businesses on the High Street in West Drayton already face challenges to remain financially viable. With the current pandemic, this has gotten worse, and it is likely that many local businesses will be forced to close, especially businesses in the hospitality sector. 

·         Positano restaurant has a small interior where tables are situated close together.  With social distancing measures imposed, the capacity of the restaurant will be significantly reduced if it is to keep to Government strictures.

·         Allowing the restaurant to occupy the first floor may mean that it will be possible for it to continue to operate and remain financially viable.

Members discussed the application in detail, and referenced planning policy DMH1, which recommended that ‘exceptional circumstances’ should be taken into consideration. Members felt that, in light of the current pandemic, such consideration was applicable in this instance. Members were minded to approve the application, on the basis that the restaurant provided clear and long lasting benefits to the Borough. It was highlighted that the restaurant was not part of a chain or a fast food outlet, but was instead a family-run business which acted as an anchor tenant, promoting further businesses to operate within the High Street. The restaurant also incentivised additional public footfall, and therefore an increased commercial spend within the area, and was therefore of benefit to the wider business community

Members highlighted that the restaurant was popular and well regarded, which could be seen in the petition of support received. It was felt that the restaurant required the first floor space to serve enough customers to remain financially viable while complying with the government’s guidelines on social distancing during the pandemic.

However, Members sought additional conditions to mitigate any potential adverse impact on adjoining occupiers, such as additional noise and smell. Officers advised that the application could be conditioned to include additional noise attenuation, including a restriction on the hours of operation, while smells would not be an issue due to the proposed structural layout and use of existing flues/extractors, etc.

It was proposed that the application be approved, subject to additional conditions on noise and hours of use, with the wording of those conditions delegated to the Head of Planning in consultation with the Chairman and Opposition Lead. This was moved, seconded, and when put to a vote, unanimously approved.

RESOLVED:

1.    That the application be approved, subject to conditions relating to hours of use and noise mitigation; and

2.    That delegated authority be given to the Head of Planning to determine the wording for the above conditions, in consultation with the Chairman and Opposition Lead.