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Agenda item
40 Norman Road, St Leonards-on-sea (HS/FA/23/00620)
Minutes:
Proposal
Application No
HS/FA/23/00620
Conservation Area
Yes - St. Leonards East
Listed Building
No
Public Consultation
Yes – 27 Objections, 13 Support
The Planning Officer presented the application for a proposed change of use from shop (Class E) to cafe and bar (Class E and Sui Generis) and the installation of two louvered vents within the ground floor rear elevation of building (amended description).
Concerns that full extent of Saturation Zone/various properties have not been included in Risk Assessment Plan. ?Officers and Sussex Police are satisfied that the Risk Assessment Plan is sufficient to be able to understand similar uses in the locality and the impact of the proposed use, this is covered in the committee report.
New concerns have also been raised that not all objection comments have been listed under representations, and condition 2 is not considered proper planning. ?For clarification, additional comments raised by objectors are that the application does not comply with Policy SA4 and the quality and content of the operations management and business plan is considered inadequate. The committee report considers the application against Policy SA4, the operation management and business plan are also discussed in the committee report, and condition 2 is standard condition attached to all planning applications.?
Councillors were shown plans and photographs of the application site. The Planning Officer explained the application site is in the St. Leonards, Centre, Secondary shopping area and Police and Licensing were consulted due to the location and the site is within the area 3 Saturation zone. The proposed opening hours, put forward by the applicant are like that of other businesses which are in close proximity.
The application applies to the ground floor only and it is seeking planning permission for a change of use from the shop to a cafe bar. Consultees, including the police, have raised no objection to this application. Conditions have been attached to the report to protect amenity, including condition four, which prevents live music condition five, which will control the hours of use and condition seven, which will require the submission and approval of a noise, insulation and vibration reduction report prior to commencement.
Councillor Collins asked a question regarding the introduction of a screen The Planning Officer answered there will be no screenings.
Councillor Sinden asked regarding vents at the rear. The Planning Officer answered these will be open vents to get an air flow to the kitchen.
Councillor Beaney asked if the applicant would have to make another application if they wanted to do screenings. The Planning Officer answered that screenings like a cinema would be a change of use. The Planning Service Manager answered they would be able to have a television.
Councillor Collins asked if the applicant could be asked to make patrons aware of making noise when leaving. The Planning Service Manager added informative 10: The applicant is advised that customers should be asked to leave the premises quietly in order to have regard to local residents.
Councillors debated.
Councillor Bacon proposed approval of the recommendation and informative #10, seconded by Councillor Cannan.
RESOLVED (Unanimously)
Grant Full Planning Permission subject to the following conditions:
1.
The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2.
The development hereby permitted shall be carried out in accordance with the following approved plans:
Location and block plans (23.492.1)
Existing and proposed rear elevation (23/492/04)
Proposed floor plan (23.492.03A)
Proposed ventilation plan (05B)
Ventilation report (dated: 4.9.23)
Planning statement (revision A)
Operation and management of business statement
Risk assessment plan (23.492.3B)
3.
During construction any work which is audible at the site boundary, including deliveries to and from the premises, shall not take place before 08:00 and after 18:00 hours Monday-Friday or before 09:00 and after 13:00 on Saturdays and at no time on Sundays or Bank Holidays.
4.
No live music or amplified sound system shall be used or generated which is audible outside the building, within the residential unit above or within adjoining buildings.
5.
The premises shall not be used except between the following hours:-
17:00 - 23:00 Monday - Tuesday, including Bank Holidays
11:00 - 23:00 Wednesday - Sunday
6.
The shop front shall remain free of any internally or externally placed advertisements or anything that would obscure views into the premises such as window film.
7.
The use approved shall not commence until a report detailing the noise insulation and vibration reduction between the proposed café and bar at ground floor and the existing residential premises at first floor, is submitted to and approved in writing by the Local Planning Authority. The development hereby approved shall be carried out in accordance with the approved report prior to the commencement of the use of the café and bar and thereafter be retained and maintained.
8.
The use approved shall not commence until the ventilated bin store as shown on approved plan No. 23.492.03A is provided and thereafter be retained in perpetuity for that purpose.
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.
2.
For the avoidance of doubt and in the interests of proper planning.
3.
To safeguard the amenity of adjoining and future residents.
4.
To safeguard the amenity of adjoining and future residents.
5.
To safeguard the amenity of adjoining and future residents.
6.
To ensure that clear views into the shop are maintained in order to protect the vitality and viability of the shopping centre.
7.
To ensure a satisfactory form of development, and to safeguard the amenity of adjoining and future residents.
8.
In order to secure a well-planned development that functions properly and prevents waste becoming a detriment to the surrounding area.
Notes to the Applicant
1.
Failure to comply with any condition imposed on this permission may result in enforcement action without further warning.
2.
Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraph 38 of the National Planning Policy Framework.
3.
If signage is proposed, then this may require consent, the applicant is advised to consult Advertisement Regulations. If consent is required, this should be obtained prior to any signage being installed.
4.
The Food Business Operator will be required to register the food establishment with the Local Council 28 days prior to opening. The registration form can be found online at
http://www.hastings.gov.uk/environmentalhealth/food_safety/businesses/foodpacks/caterers/
5.
The applicant is strongly advised to contact the Environmental Health Division before services, fixtures and fittings etc. are installed for advice on satisfying the requirements of Health and Safety Law.
6.
The applicant is reminded that any trade waste produced at this establishment will need to be collected by a registered and licensed trade waste carrier, and the collections will need to be frequent enough to prevent the waste from becoming a detriment to the surrounding area.
7.
The applicant is advised that if the catering level increases and further ventilation is required then a new planning application may be required. If this is the case, the applicant is advised to contact the Local Planning Authority.
8.
The applicant is reminded that, under the Conservation of Habitats and Species Regulations 2017 (as amended) and the Wildlife and Countryside Act 1981 (as amended), it is an offence to: deliberately capture, disturb, injure or kill great crested newts; damage or destroy a breeding or resting place; deliberately obstructing access to a resting or sheltering place. Planning consent for a development does not provide a defence against prosecution under these acts. Should great crested newts be found at any stages of the development works, then all works should cease, and Natural England should be contacted for advice.
More details on the district licensing scheme can be found at www.naturespaceuk.com
Contact details: info@naturespaceuk.com
9.
10.
The applicant is advised that such proposals, will require a separate application under the Licensing Act 2003, for a premises licence, with the full 28 day consultation process, with copies provided to all responsible authorities, of which planning are one of the statutory consultees.
The applicant is advised that customers should be asked to leave the premises quietly in order to have regard to local residents.
Supporting documents:
- MAP HS-FA-23-00620 40 Norman Road, item 4b PDF 166 KB
- HS-FA-23-00620 40 Norman Road, item 4b PDF 138 KB
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