Issue - meetings
375 Cable Street, London, E1 0AH (PA/13/02251)
Meeting: 09/04/2014 - Development Committee (Item 5)
5 375 Cable Street, London, E1 0AH (PA/13/02251) PDF 75 KB
Proposal: Variation of condition 3 of planning permission granted by the Secretary of State for Communities and Local Government on 30th March 2011, reference APP/E5900/A/10/2141935/NWF, LBTH reference PA/07/03290, to allow opening hours from 9am - 10pm Sunday to Thursday and 9am - 11pm Fridays and Saturdays.
Approved Hours: 9am - 9pm Sunday to Thursday and 9am - 10pm Friday and Saturday
Recommendation: To resolve to REFUSE planning permission for the reason set out in the report.
Additional documents:
Decision:
Update Report
On a vote of 2 in favour of the Officer recommendation to refuse planning permission and 4 against the recommendation was not accepted.
On a vote of 4 in favour to approve planning permission and 2 against the Committee RESOLVED:
That planning permission at 375 Cable Street, London, E1 0AH (PA/13/02251) be GRANTED for the variation of condition 3 of planning permission granted by the Secretary of State for Communities and Local Government on 30th March 2011, reference APP/E5900/A/10/2141935/NWF, LBTH reference PA/07/03290, to allow opening hours from 9am - 10pm Sunday to Thursday and 9am - 11pm Fridays and Saturdays SUBJECT to the with the following condition:
The premises shall be closed to customers outside the following times: 09:00 to 22:00 Sunday to Thursday; and 09:00 to 23:00 on Fridays and Saturdays.
Councillor Khales Uddin Ahmed did not vote on this application having not been present at the previous Committee meeting where the item was considered.
Minutes:
Update Report tabled.
Paul Buckenham (Development Manager, Development and Renewal) introduced the item regarding 375 Cable Street to extend the opening hours of the premises.
Piotr Lanoszka (Planning Officer, Development and Renewal) presented the detailed report. Mr Lanoszka reminded the Committee that Members previously considered the application at its February 2014 meeting with an Officer recommendation to refuse the planning permission. At that meeting, Members were minded to approve the application.
Mr Lanoszka drew attention to the evidence from the Shadwell Safer Neighbourhood Team as detailed in the update report about youths loitering outside the premises. Despite the concerns, the Police had no formal records of incidents being reported. Nevertheless, the Police were also of the view that the residents would experience an increase in litter, youths congregating, minor ASB and nuisance at later hours that would affect the residents quality of life. The evidence from the Council’s Anti-Social Behaviour Team about drug taking in the vicinity was inconclusive.
Members were also reminded of the nature of the objectors. The main concern was that the premises already harmed residential amenity. The plans would worsen these problems. The surrounding area was mainly residential contrary to the setting of most other take-ways in the Borough,
Officers also highlighted the planning history to the case. In particularly, the Planning Inspector’s decision to restrict the opening hours as at present to protect amenity. This was a material planning consideration and should be given significant weight.
In view of the above, the Officer recommendation remained to refuse planning permission. However, should Members be minded to approve the scheme, Members were directed to impose the condition set out in report.
In response to Members, Officers confirmed the response of Eastend Homes stating that they were aware of and supported the residents concerns. Officers also explained in further detail the Inspector’s decision requiring that the opening hours be restricted as at present. The Inspector considered that this was an essential condition. Any decision contrary to this could be open to challenge.
Mr Lanoszka confirmed the position regarding the waste bins outside the shop, given the discussion about this at the last meeting. He explained the source of their evidence showing the presence of such bins and when the photographs were taken. He also highlighted the contents of the complaints log (as mentioned in the report). Officers could not confirm that the material directly related to activities from the premises due to the generic nature of the evidence. Any incidences of non-compliance with the existing planning conditions would be investigated by relevant Council Officers.
A Member commented that the proposed closing hours were similar to those of other takeways so was minded to look favourable on this application. It was also acknowledged that the evidence regarding crime in the vicinity was inconclusive.
On a vote of 2 in favour of the Officer recommendation to refuse planning permission and 4 against, it was resolved that the recommendation not be accepted.
On a vote of 4 in favour to ... view the full minutes text for item 5
Meeting: 12/02/2014 - Development Committee (Item 6)
6 375 Cable Street, London, E1 0AH (PA/13/02251) PDF 316 KB
Proposal: Variation of condition 3 of planning permission granted by the Secretary of State for Communities and Local Government on 30th March 2011, reference APP/E5900/A/10/2141935/NWF, LBTH reference PA/07/03290, to allow opening hours from 9am - 10pm Sunday to Thursday and 9am - 11pm Fridays and Saturdays.
Approved Hours: 9am - 9pm Sunday to Thursday and 9am - 10pm Friday and Saturday
Recommendation: That the Committee resolve to REFUSE planning permission for the reason set out in the report.
Decision:
On a vote of 2 in favour of the Officer recommendation, 4 against and 1 abstention, the Committee RESOLVED:
That the Officer recommendation to refuse the variation of condition 3 of planning permission (PA/13/02251) at 375 Cable Street, London, E1 0AH granted by the Secretary of State for Communities and Local Government on 30th March 2011, reference APP/E5900/A/10/2141935/NWF, LBTH reference PA/07/03290 be NOT ACCEPTED to allow opening hours from 9am - 10pm Sunday to Thursday and 9am - 11pm Fridays and Saturdays.
The Committee were minded to approve the application due to the following reasons:
· The lack of formal evidence that the premises was responsible for anti-social behaviour and that the extended hours would cause harm to the amenity of local residents.
· The number of similar premises that operated with late night hours.
· To consider the option of a temporary consent with alternative hours (for example a closing time of 10:30pm, Fridays and Saturdays).
· That, in view of the current economic climate, it was important to support a local family run business.
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 approval and conditions on the application.
(The Members that voted on this item were Councillors Helal Abbas, Anwar Khan, Judith Gardiner, Tim Archer, Rajib Ahmed, Gulam Robbani and Harun Miah)
Minutes:
Paul Buckenham (Development Manager, Development and Renewal) introduced the item regarding 375 Cable Street, London for a variation of condition 3 of planning permission granted by the Secretary of State for Communities and Local Government on 30th March 2011, to allow opening hours from 9am - 10pm Sunday to Thursday and 9am - 11pm Friday and Saturday. The approved hours were: 9am - 9pm Sunday to Thursday and 9am and 10pm Friday and Saturday.
Emma Davidson spoke in objection to the proposal as a local resident who lived opposite the premises. She expressed concern about the adverse impact on the residents quality of life generally from the takeaway, particularly from the litter, noise and anti-social behaviour (ASB).
She considered that the outdoor wheelie bin, required under the planning condition, hadn’t been there for 18 months and there were no waste bins outside the premises. She explained the concerns with youths congregating outside the shop causing ASB. The residents, particularly the elderly, were very frightened of this.
If granted, the residents quality of living would deteriorate even further (especially the elderly and shift workers trying to sleep at night).She did not consider that the extension was needed as there were many other late night takeaways nearby. No Officer from the relevant Authorities supported the extension. She requested that the proposal be refused.
The Committee sought clarity on the problems with rubbish. Ms Davidson stated that there was rubbish on the streets. She stated that she had contacted the Council many times about the lack of rubbish bins outside the shop and the collection arrangements.
Members also asked about the availability of evidence to show that the takeaway was the cause of the problems. Ms Davidson commented on the likelihood of this, given the proximity of the premises to the litter and ASB. There were chicken bones in her garden and people congregating outside her door. She expressed concern about the management’s attitude to addressing the concerns as shown by the lack of an outdoor wheelie bin. She considered that the bin could go some way to addressing the problems. However, it would not deal with the ASB issues.
Charles Copeland spoke in objection as a local resident. He also expressed concerns about the harmful impact on the neighbours quality of life from the shop generally. He considered that all key agencies agreed that the premises trading hours should remain as present to safeguard residential amenity. He quoted from letters from the Planning Inspectorate and various Council Planning Officers saying this.
Rakesh Kataria spoke in favour of the application on behalf of the applicant. He considered that was no evidence to demonstrate that the activities from the takeaway had caused any harm in terms of noise, ASB, youths loitering around and drug dealing. Anyway, the management had a zero tolerance approach to such behaviour and would work with the Council to address any issues. Council Officers had visited the shop a number of times to leave bins outside the premises ... view the full minutes text for item 6