Agenda item

PROPOSAL: Temporary use of land to the rear of 111 Chamberlayne Road for outside seating area

RECOMMENDATION: To GRANT planning permission and grant delegated authority to the Head of Planning to issue the planning permission and impose conditions and informatives to secure the matters set out in the draft decision notice.

That the Head of Planning be granted delegated authority to make changes to the wording of the Committee’s decision (such as to delete, vary or add conditions, informatives, planning obligations or reasons for the decision) prior to the decision being actioned, provided that the Head of Planning is satisfied that any such changes could not reasonably be regarded as deviating from the overall principle of the decision reached by the committee nor that such change(s) could reasonably have led to a different decision having been reached by the

committee.

Damian Manhertz (Deputy Area Planning Manager) introduced the report and answered members’ questions.  He referenced the supplementary report and responded to issues on noise, overlooking and impact of the seating area.  These were raised in the petition that was submitted after the report had been published. He clarified that excessive noise and harm caused through elements such as smoking could be classified as a statutory nuisance and as such would be covered and controlled through Environmental Health legislation rather than planning legislation. Members heard that the windows adjacent to the plot related to a clinic rather than a residential property and that a wall approximately 1.6m in height provided some separation, drawing attention also to recommended condition 3 to limit the hours of use from 09.00 hours to 18.00 hours, Monday to Saturday.

The Deputy Area Planning Manager continued that although visitors to the clinic would have to pass it, it was worth noting that the coffee shop was a commercial unit within a secondary shopping frontage and what was being proposed would be of benefit and help to their business.  In addition to the condition on the hours of operation, the application was being recommended for a temporary trial period so as to assess the actual impact.

Gillian Lonsdale (objector) circulated photographs of the site and raised the following issues of concern; the umbrellas would result in loss of natural light to her adjoining osteopathy clinic; the patrons to the coffee shop would adversely impact on her business through noise disturbance, smoking and loss of security for her clients.  She requested the imposition of the following conditions; the umbrellas should not be used between 08.00 hours and 17.00 hours; the erection of a “no smoking” sign and the installation of a CCTV surveillance camera to deter anti-social behaviour gathering.

Simon Millett (applicant’s agent) stated that the applicant had a permitted development right which would expire on or before 31 December 2018, drawing attention to a typographical error in condition 1. He added that Planning and Environmental Officers were satisfied with the proposal and had recommended conditions to allow control and to assess its impact prior to any application that would be submitted upon expiry of the current temporary scheme. 

He continued that there was no anti-social behaviour on the premises and that adequate separation via the 1.6m wall existed.  He noted that, his client proposes that the seating area to the rear would be a no smoking part of the premises and customers would continue to use the area to the front of the store if they wanted to smoke, this would be implement as part of his clients management of the site.   In response to members’ questions, the agent stated that the applicant could put up a “no smoking” sign. A suggestion was put forward to lower the ground level of the seating area to reduce its impact on the surroundings.  Mr Millett noted that this and CCTV was not part of the proposal and he did not consider it was necessary.

In response to queries raised, the Deputy Area Planning Manager stated that the umbrellas were of acceptable height and that the hours of use of the site had been conditioned for 9am till 6pm.  He added that any reported breaches occurring during the use would be dealt with by the planning enforcement team and the environmental health officers.

Rachel Murrell (Development Management Manager) advised that there was no justification to require CCTV cameras and that outside smoking was controlled by other legislation.

DECISION: Granted planning permission as recommended subject to updating Condition 1 to reflect the time period set out for the 2 year change of use.

(Voting was recorded as follows: For 6; Against 0; Abstention 1).