Issue - meetings
93 New Road, London, E1 1HH (PA/13/02318)
Meeting: 09/04/2014 - Development Committee (Item 5)
5 93 New Road, London, E1 1HH (PA/13/02318) PDF 179 KB
Proposal: Proposed change of use from a retail shop A1 into a restaurant A3.Installation of extract flue at rear.
Recommendation: To GRANT planning permission subject to conditions.
Additional documents:
Decision:
Councillor Haran Miah left the meeting before the consideration of this item.
On a vote of 1 in favour of the Officer recommendation to approve planning permission and 4 against the recommendation was not accepted.
On a vote of 4 in favour of refusal and 1 against the Committee RESOLVED:
That planning permission at 93 New Road, London, E1 1HH (PA/13/02318) be REFUSED for the proposed change of use from a retail shop A1 into a restaurant A3 and Installation of extract flue at rear for the following reason:
The proposed restaurant would add to the proliferation this use along New Road. This will result in an over-concentration of this type of use and detract from the objectives of Core Strategy policy SP01, which seeks to promote a vibrant mix of uses in the designated Tower Hamlets Activity Area. The over-concentration of restaurant uses in the area will lead to adverse impacts on residential occupiers of the area in terms of increased noise & disturbance from patrons coming and going and Anti-Social Behaviour arising from the activities based on the evidence of local residents. The proposal is therefore contrary to the objectives of policies SP01(2c) of the adopted Core Strategy (2010) and policy DM1(4) of the adopted Managing Development (2013).
Councillor Gulam Robbani did not vote on this item having not been present at the previous meeting when the item was discussed.
Minutes:
Councillor Haran Miah left the meeting before the consideration of this item.
Update Report tabled.
Paul Buckenham (Development Manager Development and Renewal) introduced the item at 93 New Road, London for the proposed change of use from a retail shop A1 into a restaurant A3.
Adrian Walker (Planning Officer, Development and Renewal) presented the report. Mr Walker reminded the Committee that Members previously considered the application at its March 2014 meeting with an Officer recommendation to grant planning permission. At that meeting, Members were minded to refuse the application due to concerns over the over concentration of restaurant uses in the area having regard to residential amenity.
The Committee were also reminded of their recent decision on a similar application at 85 New Road where Members decided to approve that scheme. It was considered that there was a lack of evidence of an over concentration of such uses in the area in view of the lack of policy tests for determining this.
It was reported that consistency in decision making was a material planning consideration.
There had been no major policy changes since the earlier decision.
Officers considered that the inference from the Committee was that this additional restaurant would be ‘one too many’ in area at which the levels of overconcentration would become unacceptable.
It should also be noted that this decision would be a material consideration in considering future restaurant proposals along New Road.
The Officers recommendation remained to grant planning permission. However, should Members be minded to refuse the scheme, Members were directed to considered the draft reasons for refusal set out in the Committee report, drafted in light of the March 2014 meeting.
On a vote of 1 in favour of the Officer recommendation to approve planning permission and 4 against, it was resolved that the recommendation not be accepted.
On a vote of 4 in favour of refusal and 1 against the Committee RESOLVED:
That planning permission at 93 New Road, London, E1 1HH (PA/13/02318) be REFUSED for the proposed change of use from a retail shop A1 into a restaurant A3 and Installation of extract flue at rear for the following reason:
The proposed restaurant would add to the proliferation this use along New Road. This will result in an over-concentration of this type of use and detract from the objectives of Core Strategy policy SP01, which seeks to promote a vibrant mix of uses in the designated Tower Hamlets Activity Area. The over-concentration of restaurant uses in the area will lead to adverse impacts on residential occupiers of the area in terms of increased noise & disturbance from patrons coming and going and Anti-Social Behaviour arising from the activities based on the evidence of local residents. The proposal is therefore contrary to the objectives of policies SP01(2c) of the adopted Core Strategy (2010) and policy DM1(4) of the adopted Managing Development (2013).
Councillor Gulam Robbani did not vote on this item having not been present at the ... view the full minutes text for item 5
Meeting: 12/03/2014 - Development Committee (Item 6)
6 93 New Road, London, E1 1HH (PA/13/02318) PDF 302 KB
Proposal: Proposed change of use from a retail shop A1 into a restaurant A3.
Recommendation: To GRANT planning permission subject to conditions.
Decision:
On a vote of 1 in favour of the Officer recommendation and 4 against the Committee RESOLVED:
That the Officer recommendation to grant planning permission (PA/13/02318) at 93 New Road, London, E1 1HH be NOT ACCEPTED for proposed change of use from a retail shop A1 into a restaurant A3 subject to conditions.
The Committee were minded to refuse the scheme due to concerns over the following issues:
· Overconcentration of A3 resturant uses in the area.
· Impact of the proposal on residential amenity in terms of increased noise and disturbance and Anti-Social Behaviour arising from the activities based on the evidence of local residents.
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, Rajib Ahmed, Khales Uddin Ahmed, Judith Gardiner and Tim Archer).
Minutes:
Update Report Tabled.
Paul Buckenham (Development Manager) introduced the application regarding 93 New Road for change of use to an A3 restaurant.
The Chair invited registered speakers to address the Committee.
Mohammed Sultan Haydar spoke in objection to the application. Mr Haydar considered that the proposal should be rejected given the overconcentration of restaurants in the area. He drew attention to the impact of such premises on residents in terms of noise disturbance and parking stress. The proposal would add to these problems and further ruin residents quality of life. He noted the decision to refuse the similar applications and considered that this application should also be rejected.
Mukith Uddin spoke in opposition to the application as a local resident. He also expressed concern at the high number of restaurants locally and the impact of these premises on amenity in terms of nuisance behaviour, increased pollution, in view of the number of children in the area and problems with vermin. This additional restaurant would worsen these problems.
Whilst the applicant had taken on board many of their concerns, no real consideration had been given to the full impact on local residents. He considered that he had contacted the Enforcement Team about breaches in the planning permission for a unit on New Road. However, no action had been taken. The application should be refused as the activities from the proposal would worsen the existing problems.
Note: The Applicant had been invited to address the Committee in accordance with the Development Committee Procedural Rules. However, had declined this offer.
Adrian Walker (Planning Officer) presented the detailed report. He explained the site location, the surrounding area that was mixed in nature, the proposed layout of the premises, the flue and the outcome of the local consultation. To which 4 letters of objection had been received regarding the potential for noise, litter and air pollution from the proposal. He addressed the main issues for consideration including the justification for the loss of the A1 use and the plans for the flue which would preserve the character of the surrounding area.
A key issue for consideration was the issue of over proliferation of A3 uses in the area and the impact of this on residents. Officers drew attention to the decision made by the Committee regarding 85 New Road on 11th October 2013, where Members considered that there was a lack of evidence to suggest that there was an over concentration of A3 uses in the area. Officers also drew attention to the recent survey completed since that decision. This showed that if granted, the number of A3 uses would increase by only a small percentage.
Members were also reminded that there was no specific guidance in planning policy for defining what might constitute overconcentration. Therefore, it was necessary to base this decision on the evidence.
In view of the above, Officers did not consider the proposal would result in an over concentration of A3 units in the area and affect amenity ... view the full minutes text for item 6