Agenda item

Use of the ground and lower ground floors of no 78 and 80 as a restaurant (Class A3 use), installation of new shopfronts, installation of roof level extract duct and air conditioning units within first floor rear lightwell and associated external works. (Part of land use package with 64-66 Duke Street).

A late representation from Ms D Osborne was submitted.

In the verbal committee presentation, officers will refer to the following amendment to the recommendation (changes highlighted in bold)

1.       Grant conditional permission subject to a s106 planning obligation (unilateral undertaking) to secure the provision of Class A1 retail floorspace on the basement and ground floors of 64-66 Duke Street.

2.       If the S106 planning obligation has not been completed within 6 weeks of this resolution, then:

a)     The Director of Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

b)     The Director of Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.

          In the verbal committee presentation, officers will refer to the following amendment to the conditions:

          Condition 20 [to be re-numbered 19] (changes highlighted in bold)

          You must apply to us for approval of an updated operational management plan confirming how the premises will operate once there is a known operator, and to show how you will prevent restaurant activities, including the treatment and disposal of glass waste, from adversely affecting neighbours’ amenities and how you will prevent customers who are leaving the building from causing nuisance for people in the area, including people who live in nearby buildings. You must not start the restaurant use until we have approved what you have sent us. You must then carry out the measures included in the management plan at all times that the restaurant is in use.

          Condition 18 – to be removed [forecourt public highway that requires separate planning permission].

          RESOLVED UNANIMOUSLY:

          1.        That conditional permission be granted subject to a s106 planning obligation to secure the provision of Class A1 retail floorspace on the basement and ground floors of 64-66 Duke Street and to the revised conditions as set out above and further conditions requiring the approval of details of shopfront  so as to match as far as possible that of the public house adjacent to the site to be submitted for approval and for deliveries to be from 7am only each day.

          2.        That if the S106 planning obligation has not been completed within 6 weeks of the date of this resolution, then:

                    a)        The Director of Planning shall consider whether the permission can be issued with additional conditions attached to secure the benefits listed above. If this is possible and appropriate, the Director of Planning is authorised to determine and issue such a decision under Delegated Powers; however, if not

                    b)        The Director of Planning shall consider whether permission should be refused on the grounds that it has not proved possible to complete an agreement within an appropriate timescale, and that the proposals are unacceptable in the absence of the benefits that would have been secured; if so the Director of Planning is authorised to determine the application and agree appropriate reasons for refusal under Delegated Powers.