Agenda item

Use of part basement as restaurant (Class A3) accessed via new ground floor entrance on Bedford Court and associated internal and external alterations including installation of full height ventilation duct in lightwell.

An additional representation in the form of a brochure on the proposed change of use was submitted by the applicant.

Mark O’Mullane, applicant and Gordon Kerr, the proposed operator for the restaurant, spoke in support of the application.

Aine Bourke, a planning consultant acting on behalf of the residents of 8 Bedford Court, spoke in objection to the application.

The presenting officer tabled the following changes to the draft decision notice:

Additional Condition:

21.

The restaurant (Class A3) use allowed by this permission must not begin until you have fitted self-closing doors at Bedford Court. You must not leave these doors open except in an emergency or to carry out maintenance.  (C13EC)

Reason:

To protect neighbouring residents from noise nuisance, as set out in S24, S29 and S32 of Westminster's City Plan (November 2016) and ENV 6 of our Unitary Development Plan that we adopted in January 2007.  (R13EC)

Additional Informatives:

4.

Under the Clean Air Act 1993 the whole of the City of Westminster is an Air Quality Management Area (AQMA). In an AQMA, if solid fuel is used (e.g. wood, charcoal etc) emitting smoke via a fixed chimney in commercial premises, e.g. in kitchens, then only ‘Authorised Fuels’ and/or ‘Exempt Appliances’ are permitted. Further information can be found at the following government website: https://www.gov.uk/smoke-control-area-rules 

5.

In relation to condition 15:

- The kitchen extract duct should be designed to discharge vertically

- All cookline equipment must be placed under the extraction canopy

- The kitchen extract ducts must be fitted with doors/hatches for cleaning and maintenance, at approximately 2-3 metre intervals or in compliance with the Building & Engineering Services Association document TR19 for cleaning and maintenance

- Any cladding must be made of non-flammable materials approved by Building Control and/or Fire Brigade and still allow access to the cleaning and maintenance doors/hatches.

-Access to the ducting must comply with the Health & Safety safe access standards

Clarifications to Conditions

8.

You must carry out the restaurant (Class A3) use in accordance with the approved Operational Management Plan received 22 January 2020 at all times, unless a revised Operational Management Plan is submitted for approval by the City Council. The approved Operational Management Plan must thereafter be followed by the occupants for the life of the development.

9.

You must not allow more than 125 customers into the restaurant (Class A3) at any one time.  (C05HA)

10.

You must carry out the development in accordance with the approved Delivery and Servicing Plan dated October 2019 at all times that the restaurant (Class A3) and retail unit (Class A1) are in use, unless a revised Delivery and Servicing Plan is submitted for approval by the City Council. The approved Delivery and Servicing Plan must thereafter be followed by the occupants for the life of the development.

RESOLVED UNANIMOUSLY:

1.        That conditional permission and conditional listed building consent be granted subject to the additional conditions/informatives as tabled and set out above and an additional informative to make it clear that any other restaurant operator will need to submit a new operational management plan and servicing and delivery plan for approval by the council.

2.        That the reasons for granting conditional listed building consent as set        out in Informative 1 of the draft decision letter be agreed.