Agenda item
375 Cable Street, London, E1 0AH (PA/13/02251)
- Meeting of Development Committee, Wednesday, 9th April, 2014 7.00 p.m. (Item 5.2)
- View the background to item 5.2
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.
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 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 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.
Supporting documents:
- PA-13-02251 375 Cable Street Fried and Fabulous variation of opening hours DEFERRAL REPORT, item 5.2 PDF 75 KB
- PA-13-02251 375 Cable Street Fried and Fabulous variation of opening hours FINAL checked by legal, 12/02/2014 Development Committee, item 5.2 PDF 316 KB