Agenda item
Rochelle School, Arnold Circus, London, E2 7ES (PA/10/00037)
Decision:
Update report tabled.
The Chair pointed out that Councillors Shelina Aktar, Peter Golds and Ann Jackson and were ineligible to vote as they had not been in attendance when the application had been previously considered by the Committee.
On a vote of 3 for 0 against the Committee RESOLVED
That consideration of the planning permission at Rochelle School, Arnold Circus, London for continued use of Rochelle Canteen (use class A3),independent of the Rochelle Centre with ancillary off - site catering operation be DEFERRED for a site visit and further clarification of the proximity of the proposal to the nearest residential dwellings .
The Committee also RESOLVED that this application be brought back to the Committee afresh ‘under Planning Matters for consideration’ to trigger speaking rights in view of the length of time taken to consider the application.
Minutes:
Update report tabled.
The Chair pointed out that Councillors Shelina Aktar, Peter Golds and Ann Jackson and were ineligible to vote as they had not been in attendance when the application had been previously considered by the Committee.
Mr Stephen Irvine (Development Control Manager, Development and Renewal) presented the report regarding Rochelle School, Arnold Circus, London.
It was noted that this application was previously reported to the Committee on 18th August 2010 where Members were minded to refuse the application due to a number of concerns contrary to officers over overlooking, parking, noise disturbance and impact on neighbouring properties and the Conservation area.
Mr Irvine drew attention to the legislation on overturning planning officers recommendations, which stated that careful consideration was required as to whether the Council could justify the reasons for refusal.
Mr Irvine addressed the reasons for refusal stating that there was no evidence to suggest they could be supported on planning grounds if tested. The proposed reasons were contrary to the Council’s expert advice.
The proposal complied with the UDP as all of the nearest residential properties were significantly more than 18 metres away from the site. As such, it was felt that the argument of overlooking would be difficult to support. In terms of noise, the premises had not generated any complaints. The hours of operation were outside noise sensitive hours. In terms of parking, the impact on the highways would be minimal. The site had already gained approved consent for an ancillary canteen in a Conservation Area. Therefore the argument of impact on the Conservation Area was not a valid reason. The development would be in keeping with the surrounding area as the area was of mixed use.
Members raised a number of questions around the proximity of the site to the nearest residential properties, whether this complied with the guidance in the UDP regarding overlooking, accuracy of the usage figures for the canteen, the waste management arrangements, delivery times, loss of a valuable family area and intensification.
Members also discussed the impact on residential properties, particularly the adjacent Old Laundry Building and family flats. Members expressed concern at the impact on their views, overlooking to their kitchen and bedrooms and noise disturbance from the canteen. Members requested that these issue be given due consideration.
Members also drew attention to the many letters of objections and the concerns voiced by local residents at the last meeting.
Members also asked officers to clarify the exact proximity of the Old Laundry Building to the canteen/outdoor eating area.
In reply officers reported the following points:
- Clarified the distance between the canteen/ outdoor eating area and the nearest residential units as set out in the Addendum report. Indicating that no building fell within an 18 metres radius of the premises. Therefore the application would not create any amenity problems.
- That the usage of the premises was not changing. It was for continued use. Therefore there would be no new amenity issues.
- That the Old Laundry Building was a residential building.
- Canteen would not open late - past 4pm.
- That the deliveries for the off site catering service would take place during working hours via the Club Row Entrance.
- Clarified the refuse collection arrangements.
- Welcomed the Management Plan designed to mitigate the affects of the scheme.
- The Councils officers had considered the application and had considered that that it was acceptable.
In view of the concerns around the proximity of the premises to residential properties, the Committee considered that the consideration of the planning application be deferred pending a site visit.
Members also requested this application be brought to the Committee afresh - as a new application under the ‘Planning Applications for Decision Part’ of the agenda’ to trigger public speaking rights in view of the time taken to consider the application.
On a vote of 3 for 0 against the Committee RESOLVED
That consideration of the planning permission at Rochelle School, Arnold Circus, London for continued use of Rochelle Canteen (use class A3),independent of the Rochelle Centre with ancillary off - site catering operation be DEFERRED for a site visit and further clarification of the proximity of the proposal to the nearest residential dwellings .
That the application be brought back to the Committee afresh ‘under Planning Matters for consideration’ to trigger speaking rights in view of the length of time taken to consider the application.
Supporting documents:
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PA_10_37 Rochelle canteen Deferral Report, item 6.1
PDF 99 KB
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PA_10_00037 Appendix 1, item 6.1
PDF 616 KB
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PA_10_37 Appendix 2, item 6.1
PDF 71 KB