Proposed change of use from retail unit and private members club to A3 restaurant use.

Ward: Central

Proposed change of use from retail unit and private members club to A3 restaurant use.

Referring to the Schedule of Committee Updates/Additional Representations that was circulated at the meeting, the Senior Planning Officer reported that:

§                Comments had been received from Hereford City Council (no objections).

In accordance with the criteria for public speaking, Mrs. Wyllie and Mr. Branczik spoke in objection to the application.

Councillor MAF Hubbard, the Local Ward Member, commented that the corner position of the premises meant that noise generated inside carried some distance along nearby streets, thereby having a detrimental impact on residential amenity.  It was noted that businesses occupying the premises had folded and he questioned the economic viability of A3 restaurant use in this location.  However, he felt that the re-use of the building should be supported, particularly as there had been some vandalism recently, and noted that the Castle Street & District Residents’ Association supported the application in principle subject to safeguards.  It was considered essential that the amenities of residential property in the locality were protected and additional restrictions were suggested in respect of operating and closing times.

In response, the Legal Practice Manager drew attention to recommended condition 5 which would only allow the use to be open to customers until midnight.  Whilst it was for the Sub-Committee to determine the principle of development, it was for the regulatory framework to determine individual applications and conditions in relation to liquor licensing and any additional licensable activities.

In response to a question from Councillor PA Andrews, the Senior Planning Officer advised that the type of restaurant was not specified in the application.  The Development Control Manager advised that takeaway use was a different use class and commented that, as the application related to existing commercial premises, it could be difficult to sustain a refusal of planning permission on appeal.

A number of members expressed concerns about the potential for this development to expand further through the incorporation of the former ‘Doodies’ restaurant.  The Senior Planning Officer advised that this restaurant was in the same A3 use class but any direct link created between the premises would require listed building consent.

Given the concerns raised, the Senior Planning Officer suggested additional conditions to prevent the sale of takeaway food, to prevent the use of amplified music, and to require a scheme of noise attenuation.  This was supported by the Sub-Committee.

RESOLVED:

That planning permission be approved subject to the following conditions:

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

            Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.         A scheme for the ventilation of fumes and odours arising from the use hereby permitted shall be submitted for the approval of the local planning authority and the use shall not be commenced until the approved scheme has been installed and made fully operational, and thereafter it shall be operated and maintained, as long as the use continues.

            Reason: In order to ensure that fumes and odours are properly discharged and in the interests of the amenities of residential property in the locality.

3.         No external flues or extractor equipment shall be installed at the premises without the prior written approval of the local planning authority.

            Reason: In the interests of the amenity of the area.

4.         Prior to the commencement of development a scheme for the provision of storage, prior to disposal, of refuse, crates, packing cases and all other waste materials shall be submitted for the approval of the local planning authority.  The approved scheme shall be implemented prior to the first occupation of the development hereby permitted.

            Reason: In the interests of amenity.

5.         The use hereby permitted shall not be open to customers outside the hours of 0800 hours and 2400 hours (midnight) Mondays to Sundays.

            Reason: To safeguard the residential amenities of the locality.

6.         The applicant shall submit for the prior written approval of the local planning authority a scheme of noise attenuating measures.  The approved scheme shall be implemented before the first use of the development to which it relates commences and shall be retained for the duration of the use.

            Reason: To safeguard the amenity of the area.

7.         No amplified or other music shall be played in the premises.

            Reason: In order to protect the amenity of occupiers of nearby properties.

8.         The premises shall be used as an A3 restaurant and for no other purpose.

            Reason: To suspend the provisions of the Town and Country Planning (Use Classes) Order currently in force, in order to safeguard neighbouring residential amenity.

Informatives:

1.         This permission does not imply any rights of entry to any adjoining property nor does it imply that the development may extend into or project over or under any adjoining boundary.

2.         This permission does not authorise the display of any advertisements on the site (including any shown on the plans accompanying the application).  Separate application should be made to Herefordshire Council in accordance with the Town and Country Planning (Control of Advertisements) Regulations 1992.

3.         The decision to grant planning permission has been taken having regard to the policies and proposals in the Herefordshire Unitary Development Plan 2007 set out below, and to all relevant material considerations including Supplementary Planning Guidance:

S1 - Sustainable development

S2 - Development requirements

S5 - Town centres and retail

S6 - Transport

DR2 - Land use and activity

DR4 - Environment

TCR1 - Central shopping and commercial areas

TCR2 - Vitality and viability

TCR4 - Secondary shopping frontages

TCR6 - Non-retail uses (Classes A2 and A3)

HBA3 - Change of use of listed building

HBA6 - New development within conservation areas

            This informative is only intended as a summary of the reasons for grant of planning permission.  For further detail on the decision please see the application report by contacting The Hereford Centre, Garrick House, Widemarsh Street, Hereford (Tel: 01432-261563).