Agenda and minutes

Apologies received from Councillor Edwards (substituted by Councillor K Beaney)

Councillor Alan Roberts added that due to an ongoing standards complaint against him regarding the Pier application he would not take part in the application and would leave the chamber for the discussion and voting of item 6a. Councillor Davies will take over as Chair for that item.

RESOLVED – that the minutes of the meeting held on 3 April 2019 be approved by the Chair as a true record.

Richard Temple, Principal Planning Officer, presented the application for a proposed change of use from existing garage to Tapas restaurant (A3 use). He commented that objections have been received and through consultation with Environmental Health they have advised a condition be imposed to limit noise which is condition 4. The main concerns from the objections are noise and pollution via smells so conditions have been added (condition 3 and 4). He advised that the site is in a Conservation Area however the Conservation Officer does not object but has asked for more information regarding the security shutters.

Councillors were shown plans, photographs and elevations of the application site.

The petitioner, Mr Oliver, was present and spoke against the application. He commented that residents need parking for their vehicles and that the applicant did not inform residents of his plan to change the use of the garage. There would be an increase in noise pollution directly under his property floor and outside his balcony. He commented that he was careful not to purchase a property above a commercial property initially as customers coming and going and smokers outside will cause a disturbance. Most shops in the area are closed by 6pm to limit impact on residents. The report states that the plan shows a lift however the lease agreed by the freeholders includes the lift so there would be no way to access the waste storage area due to commercial use. There will be a removal of security and safety of the entrance for residents.

Councillors asked Mr Oliver if the conditions had gone any way to addressing the issues he had outlined. Mr Oliver responded that the coming and going of people is the main issue as it is intrusive and intimidating.

The applicant, Mr Murdoch, was present and spoke in support of the application. He commented that when the apartments were purchased there was already planning permission for use as a hotel and restaurant and the owners were aware at this time. The points raised were relevant then but not now and if the owners didn’t complain then then they shouldn’t complain now. The building next door has A3 use; both sides of apartments C and B have A3 use. Next door which is around 11 inches away is licensed until 1am. There are no problems and very little trouble. He commented that he had never offered the garage to residents for use. He also commented that residents have complained about it being a Spanish style restaurant but it will not be a Spanish style restaurant it will be a Tapas restaurant that will purchase fish locally and prepare it off site. It will serve hot and cold tapas on  ...  view the full minutes text for item 122a

Councillors Webb and O’Callaghan left the chamber due to their prejudicial interest in item 6a.  Councillor Roberts also left the chamber and Councillor Davies as Vice-Chair chaired the meeting during consideration of item 6(a).

(a) Hastings Pier, White Rock (HS/FA/18/00896)

(S Wood, Principal Planner)

Stephanie Wood, Principal Planner, presented the application. She updated that Historic England had confirmed that it is not the intention of the listing to designate the visitor centre, and that post 2016 structures are not considered to contribute to the special architectural or historic interest of the Pier. Three late objections had been received.  Mrs Wood commented that the application is for a change of use and not for any external changes as this would require a separate application. Historic England and the Conservation Officer had raised no objection.  The application would allow for family orientated amusements and would require additional licensing for any changes. This application is not for adult gambling use, it is not harmful to the listed structure as it is just a change of use. It should increase the footfall on the Pier and help with its viability.

Councillors were shown plans, photographs and elevations of the application site.

Councillors discussed how the machines were confirmed to be family orientated but the number was unknown. The Principal Planner commented that the number of machines is not required information and the building regulations will cover the amount that the building can safely house. Councillors discussed the family amusements and if over 18’s attractions could be added at a later date. The Principal Planner added that this application is not for over 18’s attractions.  Councillors discussed some concerns with the application such as noise and signage for the amusements. Also the loss of other forms of income such as the weddings and events held on the pier. The Principal Planner added that any signage would require separate planning permission but the noise is not something that can really be dealt with due to the small nature of the site compared to other arcades like the flamingo arcade.

Councillor Beaver proposed a motion, seconded by Councillor Marlow-Eastwood, to grant the application as set out in the resolution below:

RESOLVED – (6 for, to 1 against) that Full Planning Permission be granted 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:

02, 09A, 10A

3. The premises shall not be used except between the following hours:-

9am - 9pm Monday - Sunday (including Bank Holidays)

Reasons:

1. This condition is imposed in accordance with  ...  view the full minutes text for item 123a

Councillors Webb, Roberts and O’Callaghan returned to the chamber.

Stephanie Wood, Principal Planner, presented the application for the change of use to a gym. Five letters of objection had been received and the application is on council owned land. The application is only for the first floor. The building has traditionally been for Business / Industrial use, Council policy requires the applicant to submit evidence to show that it is no longer viable. If B1/B2 use isn’t viable then next they look at mixed use. The ground floor is still B1/B2 use and there is parking in the basement beneath. There are other gym competitors nearby but that is not a planning consideration. The occupants of the ground floor have expressed concerns regarding vibrations from above on their work and the effect that may have on their business.  Environmental Health have been consulted.

Councillors were shown plans, photographs and elevations of the application site.

Councillors asked questions of the Principal Planner, including how the property was marketed and if there is any other entrance to the floor outside of the stairs shown in the drawing. The Principal Planner answered that it was marketed on the council website and with local agents and there is a lift for access as well as the stairs.

Councillors spoke about the loss of employment space, but mentioned that an employment space for 7 staff is better than a vacant building.  They also commented that they were reassured by the consultation with the Environmental Health Team. Parking was also discussed including shared space with ASDA.  The Principal Planner commented that the applicants have already discussed with ASDA. Councillors discussed adding a note about parking but were informed by the Principal Planner that on-site parking had already been agreed as acceptable including by ESCC.

Councillor Beaver proposed a motion, seconded by Councillor Davies, to grant the application as set out in the resolution below:

RESOLVED – (7 for, to 3 against) that Full Planning Permission be granted 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:

CHE2732-01, CHE2732-02, CHE2732-03, CHE2732-04, CHE2732-05 and CHE2732-06

3. Prior to the operation of the proposed use a full noise report covering the whole site in accordance to BS 4142: 2014 shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, noise shall include that arising from all mechanical or electrical equipment used in the premises. Any noise mitigation measures recommended in the submitted noise report shall be installed prior to the commencement of the proposed use and shall be retained thereafter.

4. Details, including acoustic specifications of all fixed plant  ...  view the full minutes text for item 123b

Stephanie Wood, Principal Planner, presented the application regarding a change of use of the land. The owners want to vary conditions to keep the van there Thursday to Sunday and increase the opening hours by an hour.

Councillors were shown plans, photographs and elevations of the application site.

Councillors discussed adding wording to condition 3 that the site is left ‘clean’.

Councillor Davies proposed a motion, seconded by Councillor Roberts, to grant the application as set out in the resolution below with the addition of the word ‘clean’ to Condition 3:

RESOLVED – (Unanimously) that Full Planning Permission be granted subject to the following conditions:

1. Only one catering unit shall be stationed on the site at any one time and any associated vehicles required to move the unit shall only be on the promenade at drop-off and collection times and at no point parked on the promenade.

2. The catering unit shall not be open for customers outside the following hours:

12.00 - 21.00 Thursday to Sunday

12.00 - 21.00 Public Holidays

3. The catering unit is to only be located on site from Thursday to Sunday and on public holidays with the site being left clean, clear of litter and refuse associated with the associated use, at all times.4. Details of any proposed external illumination of the catering unit is to be submitted to and approved in writing by the Local Planning Authority prior to installation. These details shall include the siting, size, appearance, materials, colours and finishes of the proposed lighting and only the lighting approved is to be installed on site

5. Prior to any replacement or new catering unit being used or stationed on site, full details of the unit are to be submitted to and approved in writing by the Local Planning Authority prior to first use.

Reasons:

1. To ensure a satisfactory form of development in the interests of the character and amenity of the conservation area and surrounding listed buildings.

2. To ensure a satisfactory form of development in the interests of the character of the conservation area and surrounding listed buildings and the amenities of the local residential properties.

3. To ensure a satisfactory form of development in the interests of the character of the Conservation Area and surrounding Listed Buildings and the amenities of the local residential properties.

4. To ensure a satisfactory form of development in the interests of the character and amenity of the Conservation Area and surrounding Listed Buildings.

5. To ensure a satisfactory form of development in the interests of the  ...  view the full minutes text for item 123c

Mrs Wood the Principal Planner presented that 2 appeals have been dismissed, being 35 Norman Road and Salmon Close.  She stated that there are several more appeals processing so there will be more updates at the next Planning Committee.