Agenda item

In response to comments made by objectors to and supporters of the proposal during the site visit, the Head of Area Planning Steve Weeks stated that the Council took seriously compliance with conditions and where appropriate took enforcement action to address any breach of condition.  He added that although visits by the Local Safer Neighbourhood Team and Environmental Health had confirmed that there were people on the premises in the evenings, there was no definitive evidence that continuous use of the cafe was in operation.  In continuation, he stated that in order to ensure that the operation did not have a significant detrimental impact on amenity of neighbouring residents whilst being in keeping with the character and appearance of the premises, condition 4 about the extract flue had been amended as set out in the tabled supplementary information.  This was additional to the acceptance in principle by the owner of the flat above that the extract flue could be attached to the rear wall.  The Head of Area Planning also drew members’ attention to the recommended hours of operation and the standard 3 year implementation period of the proposal.

Ms Lila Hammond Chair of Dudden Hill Lane and Southview Avenue Residents’ Association in objection to the application stated that the location was inappropriate.  She added that with controlled parking in force from 8.30am till 6.30pm, no stopping signs and double yellow lines in Dudden Hill Lane, parking, congestion and access were already issues of serious concern for existing residents and emergency vehicles.  She pointed out the dangers involved for motorists and pedestrians as they tried to exit into and egress from Dudden Hill Lane, a busy road which was close to the nearby Northview Primary school.  Ms Hammond continued that the situation would be aggravated by additional parking demand which would result from customer parking.

Ms Isabella Biernacka an objector raised concerns about the proposal on grounds of loss of privacy, noise nuisance from music and television and loss of residential amenity.  She continued that the operation of the cafe was having a direct detrimental impact on her son who was studying for his GCSE examination.  Ms Biernacka alleged that the applicant had been known to threaten residents who complained about the impact of the cafe.

Mr Hadier the applicant stated that following the closure of the cafe for over 3 months he had addressed all complaints and concerns from the local residents and the Council.  He challenged the claim that the proposal would lead to an increase in the level of crime in the area.  Mr Hadier confirmed his full acceptance of the conditions recommended by officers for the grant of planning permission.

During discussion, members noted that following past refusals the applicant had addressed issues about opening hours and the extractor system.  However there were outstanding issues of concern in relation to location, traffic, parking and noise nuisance which had not been addressed by the applicant.  Councillor Thomas suggested approval with effective monitoring of the application to ensure compliance with all conditions 

Prior to voting, the Head of Area Planning stated that although the applicant had operated an unauthorised business in this location for the past 12 months, the amended proposal was in accordance with the relevant policies and subject to conditions as amended, the detrimental impact on neighbouring residents would be significantly reduced.  He assured the Committee that in order to alleviate the concerns of local residents the Council would investigate any reported breach of condition and if necessary would take suitable enforcement action to ensure that there was no detrimental impact on the residential amenity of neighbouring residents.

Members felt however that significant harm would result from the operation which could not be controlled by conditions and were therefore minded to refuse the application contrary to the officer’s recommendation for approval for the following reasons; the proposed cafe would be likely to have severe impact on residential amenities by reason of noise and disturbance from customers’ vehicles, parking and access problems in the area.

In accordance with the provisions of the Planning Code of Practice, voting on the Officers’ recommendation for approval was recorded as follows:-

FOR:                          None                                                                                                  (0)

AGAINST:                 Councillors Kansagra, Powney, Anwar, Baker, Cummins,

Hashmi, Jackson and HM Patel                                                   (8)                                                                  

ABSTENTIONS:     Councillors R Moher and Thomas                                               (2)