Agenda item
93 New Road, London, E1 1HH (PA/13/02318)
- Meeting of Development Committee, Wednesday, 12th March, 2014 7.00 p.m. (Item 6.2)
- View the background to item 6.2
Proposal: Proposed change of use from a retail shop A1 into a restaurant A3.
Recommendation: To GRANT planning permission subject to conditions.
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 given the nature of the restaurant use. Therefore, Officers were recommending that the application be granted.
In response, Members expressed concern about the impact of the existing A3 uses on the local environment. A Member objected to the amount of smoke and odours from such premises. Given this, and the concerns expressed by the objectors, it was feared that the application could worsen this. Members also noted the decision to refuse the previous applications and asked whether the problems around Anti-Social Behaviour had been taken into account. Members also asked about the separation distances between the unit and other restaurants.
Officers confirmed that Environmental Health were satisfied with the plans, particularly for the flue. Officers emphasised the decision to grant 85 New Road and the similarities with this application in terms of evidence. Therefore, based on this and the lack of policy guidance, Officers considered that this application would not result in overconcentration. Officers also confirmed the nature of the uses in the surrounding units. The issue of ASB had fully been taken into account. There was no evidence to suggest that a well managed restaurant use should lead to such problems.
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 restaurant 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).
Supporting documents: