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Agenda item
4 Castle Street, Hastings
Minutes:
Proposal:
Change of use from A1(Retail) to mixed use including A1(Retail), A3(Restaurants & Cafes) and A4(Drinking establishments)
Application No:
HS/FA/18/00276
Conservation Area:
Listed Building
Public Consultation
Yes - Hastings Town Centre
No
15 letters of objection received and 3 letters of support
received.
The Planning Services Manager, Mrs Evans, presented this application for the change of use from A1 (Retail) to mixed use including A1 (Retail), A3 (Restaurants & Cafes) and A4 (Drinking establishments) at 4 Castle Street, Hastings.
Members were informed of several updates to the report:-
• The constraints section within the Officer’s Report now correctly includes reference to the Hastings Town Centre Shopping Area
• Amended Plan 1640-04A has been received showing the proposed floor layout
• Condition 1 (time scale for implementation of use) has been removed as the application is retrospective
• Condition 4 has been amended requiring the ground floor to be laid out in accordance with Plan 1640-04A
• Condition 9 added
The floor layout shall be laid out in accordance with the approved plans within 2 months of this decision date.
Reason: In order to ensure that the Café (A3) and drinking establishment (A4) uses remain ancillary to the retail (A1) use and to meet the requirements of policy SA1 of the Hastings Development Management Plan (2015).
Members were shown plans, photographs and elevations of the application site.
The Planning Services Manager explained that the premises will not be a standalone pub. The Police had objected to the application, but because it was a mixed use and controllable by condition, they recommended approval. She explained that the site was not in a saturation zone.
The Principal Solicitor, Planning, advised that licensing consent fell under a different regime.
Members questioned the enforcement of the premises. The Planning Services Manager said they would check if the floor layout plan used more than 30%. Any variation would be checked.
Councillor Edwards proposed a motion to approve the application, subject to the removal of Condition 1 and amendment of Condition 4 to refer to the latest amended plan and addition of Condition 9 as set out in the resolution below. This was seconded by Councillor Scott.
RESOLVED – (Unanimously) that planning permission be granted subject to the following conditions:
1.
The development hereby permitted shall be carried out in accordance with the following approved plans:
1640-03A, 1640-01A, 1640-04A.
2.
(i) The A3 use shall only be used as a cafe as specified within the application. Should the use intensify to include the provision of hot meals and/or more complex catering, a scheme for the fitting of odour control equipment to the building shall be submitted to and approved in writing by the Local Planning Authority prior to installation. The intensified A3 use shall not commence until all odour control equipment works have been carried out to the satisfaction of the Local Planning Authority and the odour control equipment shall be maintained thereafter to the satisfaction of the Local Planning Authority.
(ii) A scheme for the sound insulation of odour control equipment referred to in the condition 3(i) shall be submitted to and approved in writing by the Local Planning Authority and the intensified A3 use shall not commence until all sound insulation works have been carried out to the satisfaction of the Local Planning Authority. The sound insulation works shall be maintained thereafter to the satisfaction of the Local Planning Authority and in accordance with the manufacturer's instructions and records of cleaning/replacement of filters/fans etc. shall be kept available for inspection on the premises.
3.
The proposed A3 (cafe) and A4 (drinking establishment) uses are to remain ancillary to the main A1 (retail) usage and at no point are to become the primary use of the premises without the prior written consent of the Local Planning Authority. The Ground floor is to be laid out in accordance with Plan 1640-04A.
4.
No music, amplified sound system or other form of loud noise shall be used or generated which is audible outside the premises or within adjoining buildings.
5.
The A1 use shall not be used except between the following hours:-
· Mon-Fri - 08:00 - 21:00,
· Saturday - 08:00 - 21:00,
· Sundays and Bank Holidays - 08:00 - 21:00
The A3 use shall not be used except between the following hours:-
· Mon-Fri - 08:00 - 21:00,
· Saturday - 08:00 - 21:00,
· Sundays and Bank Holidays - 08:00 - 21:00
The A4 use shall not be used except between the following hours:-
· Mon-Fri - 12:00 - 21:00,
· Saturday - 12:00 - 21:00,
· Sundays and Bank Holidays - 12:00 - 21:00
6.
Within 1 month of the date of this permission a noise report is to be submitted to the Local Planning Authority identifying any necessary measures required in respect of the 2nd floor flat to mitigate against noise and disturbance arising from the proposed use. The identified mitigation measures shall then be installed within 3 months of the written approval from the Local Planning Authority in conjunction with the Borough Conservation Officer.
7.
8.
The use shall operate in accordance with the supporting statement from the Agent received 30 April 2018.
The floor layout shall be laid out in accordance with the approved plans within 2 months of this decision date.
Reasons:
1.
For the avoidance of doubt and in the interests of proper planning.
2.
To safeguard the amenity of adjoining residents.
3.
To ensure a satisfactory form of development in the interests of the character and amenity of the area.
4.
To safeguard the amenities of the adjoining residents.
5.
To safeguard the amenity of adjoining residents.
6.
To safeguard the amenity of adjoining residents.
7.
8.
To safeguard the amenity of adjoining residents.
In order to ensure that the Café (A3) and drinking establishment (A4) uses remain ancillary to the retail (A1) use and to meet the requirements of policy SA1 of the Hastings Development Management Plan (2015).
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 paragraphs 186 and 187 of the National Planning Policy Framework.
3.
Listed Building Consent will be required if any internal or external alterations are made to the property.
4.
A separate application, will be required in with the Advertisement Regulations for the display of advertisements on the exterior of the premises.
5.
An application is required to be submitted to Hastings Borough Council Licensing department. More information on this can be found at: https://www.hastings.gov.uk/licensing/premises/
Supporting documents:
- MAP - 4 Castle Street HS-FA-18-00276, item 41. PDF 340 KB
- 4 Castle Street HS-FA-18-00276, item 41. PDF 140 KB
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