Agenda item
17-19 Whitechapel Road, London E1 1DU
Decision:
On a vote of 1 for and 6 against, the Committee indicated that it did not support the officer’s recommendation to grant a Certificate of Lawfulness for existing use of the ground floor of 17-19 Whitechapel Road as a Stripping Bar (Sui Generis) on the grounds that the evidence presented did not demonstrate to a satisfactory level, on the balance of probability, that the use of the premises as a stripping bar commenced more than 10 years ago.
(Councillor Rupert Eckhardt voted for the officer’s recommendation; and Councillors Helal Abbas, Alibor Choudhury, Shamim Chowdhury, Stephanie Eaton and Lutfur Rahman voted against.)
Minutes:
Mr Michael Kiely, Head of Development Decisions, introduced the site and proposal for a Certificate of Lawfulness for existing use of ground floor as a Stripping Bar (Sui Generis) at 17-19 Whitechapel Road, London E1 1DU.
Mr Graham White, Interim Head of Planning, Property and Contracts Legal Team, advised the Committee that the application before it did not require it to exercise any planning judgment. The role of Members in this case was to consider the evidence before them and determine whether, on the balance of probability, the existing use of the premises had been in place for more than 10 years which would render the use ‘lawful’ and therefore not require planning permission.
Mr Michael Collins spoke in objection to the application. He felt that the burden of proof was on the applicant to provide sufficient evidence to demonstrate that the activities for which the certificate was sought were lawful. He felt that officers had solicited evidence to support the applicant’s claim that the use had been in existence for over 10 years. He also felt that the view that the premises were a single planning unit was incorrect.
Mr Michael Kiely presented a detailed report on the application. He refuted the claims that planning officers had acted inappropriately. He advised Members that the officers had carried out their roles correctly, and that the Council was expected to check what evidence it may hold to assist in its consideration of any planning application. He explained the law surrounding Certificates of Lawfulness and the concept in planning law of the planning unit. He also clarified the difference between a public house, a public house with ancillary stripping and a stripping bar.
It was the view of planning officers that, on the balance of probability, the evidence from Environmental Health officers over a period of 15 to 17 years suggested that the premises had been in use as a stripping bar for at least 10 years. If the Committee decided to grant a certificate of lawfulness, the use would persist over the whole planning unit. Therefore, planning permission would not be required for the upper floor.
In response to Members questions relating to the visits carried out by officers, Mr Kiely read out the statement included in the schedule of documents which had been circulated to the Committee. Members were concerned that no enforcement action had been taken on the unauthorised use. Mr White reminded the Committee that the Licensing Officers had been carrying out their duties under licensing legislation, which was separate from planning legislation, as the premises had the relevant public entertainment licences.
Members asked a number of questions relating to the issue of a single planning unit, the use of the first floor of the property, and that the evidence appeared to indicate that the premises had been advertised as a public house only. Mr Kiely reminded the Committee that the use of the word ‘pub’ did not necessarily indicate that the stripping use was not in existence.
However, after consideration of all the evidence presented and the representations made at the meeting, the Committee indicated that it did not support the officer’s recommendation to grant a Certificate of Lawfulness for existing use of the ground floor of 17-19 Whitechapel Road as a Stripping Bar (Sui Generis) on the grounds that the evidence presented did not demonstrate to a satisfactory level, on the balance of probability, that the use of the premises as a stripping bar commenced more than 10 years ago.
(Councillor Rupert Eckhardt voted for the officer’s recommendation; and Councillors Helal Abbas, Alibor Choudhury, Shamim Chowdhury, Stephanie Eaton and Lutfur Rahman voted against.)
Supporting documents: