Issue - meetings
83 New Road, London, E1 1HH (PA/12/00605)
Meeting: 10/10/2012 - Development Committee (Item 7)
7 83 New Road, London, E1 1HH (PA/12/00605) PDF 713 KB
Decision:
On a vote of 1 for the officer’s recommendation, 2 against the officer’s recommendation and 1 abstention the Committee RESOLVED:
That planning permission (PA/12/00605) at 83 New Road, London, E1 1HH (PA/12/00605) London be NOT GRANTED for Change of use from (A1) retail to mixed use coffee shop and restaurant (A1/A3) with no primary hot food cooking facilities, no associated extract flue system and seating area limited to ground floor only; including retention of No.4 AC units and alterations to shop front including new access door.
The Committee indicated that they were minded to refuse the planning permission because of Members’ concerns over:
- The impact on residents, particularly from increased noise and nuisance from the proposal arising as a result of the general comings and goings of patrons;
- Overconcentration of A3 uses in the area.
In accordance with Development Procedural Rules, the application was DEFERRED to enable Officers to prepare a supplementary report to a future meeting of the Committee setting out proposed detailed reasons for refusal and the implications of the decision.
(The Members that voted on this item were Councillors Helal Abbas, Shiria Khatun, Craig Aston, Kosru Uddin)
Minutes:
Jerry Bell (Applications Team Leader) introduced the report on 83 New Road, London, E1 1HH (PA/12/00605)
At this point the Chair asked if there was any speaker present to represent the Applicant. It was noted that there was nobody in attendance in this capacity. (Despite the Applicant having been contacted earlier on in the week and invited to appoint a representative to address the objectors at the meeting).
The Chair therefore invited the two registered objectors to address the meeting.
Mukit Uddin stated that he was speaking as a resident of the road. A key concern was the noise and smell from the shop. The area was a residential area. Pollution from the shop often goes into his propriety. As a result they can’t open their windows in the summer. Noise from the AC units could be heard in his flat. He considered that the premises had been operating without the required planning permission. He stated that he had written to both the Planning Department and Environmental Health over many years about the noise, smell and anti social behaviour (ASB).
He referred to an oversaturation of A3 uses and to a nearby application for an A3 conversion rejected by the Council due to the overconcentration in the area. Given this, the application should also be rejected on the same grounds. The proposal would worsen the existing traffic problems and cause ASB.
He asked Members to take into account the concerns about overconcentration, noise especially from the grill as experienced at other A3 units.
The Chair clarified for Members that there would no hot food cooking facilities on the premises. Mr Uddin accepted this, but feared that the permission would facilitate a move to acquire such facilities.
In response to Members about the affect on his property, he replied that he lived at the back of the premises. A key impact was the noise and smell that created an odour in his property especially if the premises air conditioning was in operation. His windows were in short proximity to the shop. Despite the lack of hot food on premises, there was no certainty that a flue would not be built. If this could be guaranteed (that there was no flue) he would be happy with the planning application.
The Chair reminded the meeting that the Committee could only consider the application before it not speculation on future intentions.
In reply to further questions, Mr Uddin feared that this permission could set a precedent for further A3 conversions adding to the over concentration.
Mushtaq Ali speaking in objection reported that he was representing the grill next door and they also owned another nearby premises. He objected on the grounds of competition from the A3 use and that it would set a precedent for nearby cafes to convert to A3.
The Chair clarified that competition was not a planning matter.
In reply to Members, Mr Ali feared an increase in noise levels, congestion on the pavement and parking stress if permission ... view the full minutes text for item 7