Decision details
Brilliant Kids, 8 Station Terrace, London NW10 5RT (Ref 09/2176)
Decision Maker: Planning Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decisions:
09/2176 |
Variation of condition 3 of full planning permission 06/0712, granted 29/06/2006, for change of use from Use Class A1 (retail) to mixed-use A1 and A3 (retail & cafe), to allow operating hours on Monday to Saturday 0800 to 2300 and Sunday 1000 to 2230 (as per e-mail, dated 27th October 2009, from Chalkline Architectural Services).
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OFFICER RECOMMENDATION: Grant planning permission subject to conditions and informatives.
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With reference to the supplementary information tabled at the meeting the Planning Manager Neil McClellan reported that the applicant had stated his intention to apply for a retrospective planning permission for the single storey structure which he erected without planning permission. In order to secure this, he suggested that an additional informative be attached to any consent reminding the applicant of the need to resolve the issue of the existing structure and that failure to do so could result in the Council considering taking enforcement action. He pointed out that although not part of the current planning application, the applicant had been made aware of the need to resolve the issue of the existing structure by ensuring that the impact on the neighbouring property would be reasonable.
Mr Harvey an objector started by saying that he was not aware of a restaurant that was situated next to a residential property and thereby caused him the problems that he faced. These included disturbance and noise nuisance to his bedroom due to inadequate sound proofing and the movement of staff to and from the restaurant until 11.00pm. Mr Harvey added that the applicant was likely to disregard planning conditions imposed thus causing breaches of planning conditions.
Mr Stewart Freeman an objector informed the Committee that in a survey that he had privately conducted of 8 late night establishments in the Chamberlayne Road area, he did find not any restaurant that was situated next to a residential property. He therefore submitted that the location of the proposal would be inappropriate.
Mr Fitzgibbon, the applicant’s agent started by saying that the application was for a small bistro restaurant without amplified music and although not a requirement, the applicant had agreed to install acoustic boarding in order to further minimise noise impact. He continued that as the bedroom of the neighbouring property was to the rear of the property, the operation of the restaurant would not adversely impact on the amenity of that neighbour. He added that the applicant had agreed re-configure the shop prior to its operation.
During question time, Councillor R Moher enquired about the level of noise that could be created whilst staff collected items to and from the restaurant via the lightwell. Councillor Anwar asked about the significance of the door in the garden area and the likely seating capacity. In responding to the above, the agent stated that the lightwell would be used as a cold storage area and accessed from the main restaurant area so as to prevent adverse impact on other residents. He clarified that the door leading from the restaurant in the rear garden was already in existence before the applicant bought the property. He confirmed that the seating capacity would not exceed 30. Mr Fitzgibbon confirmed that he had not conducted noise assessment for the application. In response to members’ general concerns about the rear door and possible noise and disturbance, Mr Fitzgibbon stated that the applicant intended to install sound insulation in excess of the level required and that he would be willing to discuss members’ concerns on the door.
DECISION: Planning permission granted subject to conditions and informatives. |
Wards Affected: Queens Park;
Publication date: 25/11/2009
Date of decision: 25/11/2009
Decided at meeting: 25/11/2009 - Planning Committee
Accompanying Documents: