Agenda item

Application 1:- Variation of conditions 1 (approved plans) and 5 (notake-away) of planning permission dated 08 June 2021 (RN: 21/00264/FULL) for the: Change of use of Retails Units at ground and lower ground floor level along Craven Road from Classes A1/A2/A3 to Class E. NAMELY, Reconfiguration of the approved floor plans, and to allow for an ancillary quantity of takeaway from the restaurant unit.

Application 2:- Amendments to planning permission dated 05 February 2020 (RN:19/07378 ) for the: Variation of condition 1 of planning permission dated 10 July 2019 (RN: 18/09733/FULL) which itself varied condition 1 of planning permission dated 15 November 2016 (RN: 16/07359/FULL) for demolition of existing buildings and redevelopment of the site to provide a 6 storey (plus existing lower ground floor) 'L' shaped building, including terraces, a plant room, a green roof and solar panels at roof level to comprise 2 x A1 (retail shops) units and 1 x flexible A1 (retail shop)/ A2 (financial and professional services) / A3 (cafe and restaurant) unit at ground floor level and B1 (office) floorspace at part ground and all upper stories, Erection of 7 residential townhouses, incorporating concealed roof terraces and landscaped areas to the front on Chilworth Mews. NAMELY, to allow the addition of a door on the Craven Road elevation to the approved restaurant unit along Craven Road.

Late representations were received from Environmental Health (08.07.22), Councillors Ryan Jude and Ellie Ormsby (12.07.22) and SEBRA (12.07.22).

The planning officer tabled the following proposed changes to the draft decision notice for Application 1 (22/00672/FULL):

1.        Condition 4B – Revised wording- To replace “motorised vehicles” with “by foot, by bicycle or by electrically powered bicycle”.

B. Prior to the use of the retail/restaurant and ancillary take-away and delivery service, you must apply to us for approval of an operational management plan to show 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 and to minimise any impact in environmental, highways and amenity terms.

The Operational Management Plan must include:-

o         Details of staff and capacity, arrival and departure processes, hours of operation.

o         Delivery & Click and Collect to remain ancillary to the sit down restaurant

o         Delivery drivers must only attend the site by way of nonmotorized transport, by way of foot, by bicycle or by electricallypowered bicycle

o         Delivery drivers must park lawfully

o         No obstruction of the pedestrian or vehicular highway within the vicinity of the site.

o         No use of Chilworth Mews at any time

o         Litter patrols

o         Dedicated restaurant employee to monitor delivery driver

compliance with OMP

o         Policy to exclude drivers who fail to comply with OMP

o         Contact for complaints

o         Log of complaints/issues over 12 months from date of first

occupation of the restaurant.

o         Resubmission of OMP with any necessary refinements/

revisions

You must not start the retail/restaurant and ancillary take away or delivery use until we have approved in writing what you have sent us. You must then carry out the measures included in the approved management plan at all times that the restaurant is in use.

2.        Condition 5 – Additional wording to reflect restriction of deliveries/takeaways after 23.00.

“You must only take-away food or drink on the premises and provide a delivery service, as an ancillary part of the primary restaurant/ café use. The delivery and take away use must not be operated unless fully in accordance with the management measures set out in the Operational Management Plan agreed under Condition 4B of this permission and only operated during the following times:07.00-23.00 Monday to Saturday and 08.00-22.30 on Sundays and Bank Holidays”.

           3.        Draft Decision letter for Application 2 (22/00674/NMA) – tabled.

Mark Younger addressed the Sub-Committee in support of the application.

Amy Rogers addressed the Sub-Committee in objection to the application.

RESOLVED: Councillors Fisher, Langford and Williams – Grant, Councillor Bush - Refuse

1)        Application 1 – That conditional permission, as amended, be granted.

2)        Application 2 - That the Non-Material Amendment be agreed.