The Ice House, Rock-a-Nore Road (HS/FA/18/00850)
Proposed change of use from existing garage (ground floor of Block D) to Tapas restaurant (A3 use), including external alterations to front elevation.
Yes - Old Town
Yes - 6 letters of objection and 1 petition of objection received.
Richard Temple, 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 site but it is microwaved so will not generate much smell.
Councillors asked Mr Murdoch if he would be able to manage the smokers outside to help the residents. Mr Murdoch answered that it is a human right and he cannot stop people, there is already a restaurant about 10 inches away so this won’t change anything.
The Ward Councillor, Councillor Bacon, was present and spoke against the application. He stated that there is significant objection from residents from the ice house and beyond. The area of Rock-A-Nore contains family attractions and is a Conservation Area. Although permission was already granted for a restaurant do we really need more of these? With addition of a doctor surgery soon in the area there will be much more traffic and the noise will affect the residents. Having smokers outside of their homes is not conducive to a healthy lifestyle; residents want sea air and not cigarette smoke. Police have had reservations about this application as it would attract anti-social behaviour. There has been a lack of consultation with the residents and a lack of knowledge of the area. The state of the bins in the area should raise deep concerns. This application should be rejected.
Richard Temple, spoke on some of the points raised. Regarding the police they initially expressed concerns when it was proposedto be a bar but not now that A3 use has been confirmed. There is a strict condition regarding waste (condition 6) that will not allow the restaurant to open until the Council are happy with the waste disposal scheme. The objections received for the application all appear to be local. The conditions in this application are standard for this type of use and prevent opening or operating until they are met. The Conservation Officer has had no objection to this application.
Councillors discussed the application. Members asked if the Police were now happy with the application as A3 use. The Principal Planning Officer answered that they did not go back to the Police as the A3 use had met their concern already. Councillors asked if the smoking area could be limited to outside the existing restaurant but were told that limitations of the space meant that it would not be possible. Councillors asked if an informative could be added to requiring the applicant to put up signagerequesting customers to respect the amenity of neighbouring dwellings when exiting the tapas restaurant.
Councillor Davies proposed a motion, seconded by Councillor Beaver, to grant the application as set out in the resolution below including the additional informative 6.
RESOLVED – (9 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:
736-01, 736-002C, 736-03A, 736-04A, 736-05A, 736-06A, 736-07A, 736-08A, 736-010, and 736-011.
3. The A3 restaurant hereby approved shall not be open to customers until a scheme of suitable sound insulation has been submitted to and agreed in writing by the Local Planning Authority and the approved details have been carried out to the satisfaction of the Local Planning Authority. The submitted scheme shall ensure that noise and music arising from the premises shall be not exceed 45db between the hours of 07:00-22:00 and not exceed 35db after 22:00. In assessing this noise level, noise shall include that arising from all mechanical and electrical equipment used by the premises, as well as noise arising from customers in the premises.
4. Notwithstanding the details submitted, before the restaurant hereby approved is first open to customers a detailed scheme of any external extraction, and duct / ventilation system(s) (for heating plant system, toilet ducts, any proposed kitchen cooking / food preparation extraction system to the outside and ventilation/ extract ventilation to outside for waste storage facility), and maintenance of each, shall be submitted to and approved in writing by the Local Planning Authority. The system(s) as approved must be implemented before the restaurant is first opened to customers.
5. Prior to the restaurant being open to customers full details of the design of the proposed open grille restaurant security shutters and colour shall be submitted to and approved in writing by the Local Planning Authority and thereafter the security shutters as approved shall be installed before the restaurant is opened to customers.
6. Before the restaurant hereby approved is first open to customers a detailed scheme for the storage, management and collection of commercial waste shall be submitted to and agreed in writing by the Local Planning Authority. Thereafter the agreed scheme shall be implemented at all times unless otherwise first agreed in writing with the Local Planning Authority.
7. The premises shall not be used except between the following hours:-
12:00 noon - 22.30 Monday - Sunday inclusive.
8. Deliveries and private waste collections to and from the premises shall not take place outside the hours of 08:00 to 18:00 Monday to Friday, 08:00 to
13:00 on Saturday and at no time on Sundays or Public/Bank Holidays.
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 control potential noise nuisance in compliance with policy DM6 of Hastings Development Management Plan, and to protect the amenity of neighbouring properties.
4. To protect the amenity of neighbouring residential properties.
5. To protect the character of the conservation area and in accordance with Supplementary Planning Document (SPD) - Shopfronts and Advertisements.
6. To safeguard local amenity and in the interests of Highway Safety.
7. To safeguard the amenity of adjoining residents and as advised by East Sussex Police.
8. To protect residential amenity.
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. FOOD SAFETY
The applicant is strongly advised to contact the Environmental Health Team before services, fixtures and fittings etc. are installed for advice on satisfying the requirements of food safety law. The Food Business Operator will be required to register the 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/foo
HEALTH AND SAFETY
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.
4. Signage for the restaurant hereby approved is likely to require an application for advertisement consent. Applications for express advertisement consent may be made on-line using the following link: https://www.hastings.gov.uk/planning/advice/planning_advertising/
5. A3 restaurant use will require a premises licence under the Licensing Act 2003 to authorise the sale by retail of Alcohol for consumption on the premises.
6. The applicant is advised to display internal signage requiring customers to respect the amenity of neighbouring dwellings when exiting the tapas restaurant.
- MAP_HS_FA_18_00850_The Ice House, item 122a PDF 402 KB
- HS-FA-18-00850 The Ice House, Rock-a-nore Road, item 122a PDF 126 KB