Minutes:
The planning application before members proposed the siting of a metal-clad smoking shelter to the rear of an existing restaurant, at first floor level. The shelter would be located in the open air, on the roof of a single storey element at the rear of the host building.
Members noted that the application had been called in by Councillor Rebecca Bennett on the grounds that the proposed smoking shelter would help reduce the nuisance caused in the local area by smokers congregating at the front of the host building.
With its agreement, Councillors Rebecca Bennett and Denis Breading addressed the Committee.
Councillor Breading commented that the scheme had previously been refused under delegated powers and that, in his opinion, no changes had been made to the proposal and therefore it should be refused on the grounds of overlooking and appearance.
Councillor Bennett advised that she supported the application as it would lead to a reduction in the number of people who congregate at the front of the host premises to smoke.
Councillor Bennett also commented that the local Police Safer Neighbourhood Team (SNT) had been successful in reducing the amount of anti-social behaviour in the Cherry Tree area and felt that the smoking shelter would aid the appearance of the area. Councillor Bennett also produced five letters of support, from nearby properties that supported the scheme.
During the debate, members discussed the possible impact that the shelter would have on neighbouring properties. Members also made reference to the planning history of the premises where it was noted that an application on the same site had been refused under delegated powers and had also subsequently been refused by the Planning Inspectorate.
Members also sought advice from staff on the number of people that would be using the shelter at any given time.
The report recommended that planning permission be refused, however following a motion to defer the granting of planning permission, it was RESOLVED that consideration of the matter be deferred to allow for further consideration of additional information including:
· Possibility of a visual screen on the terrace to shield shelter from residential views
· Whether the shelter could be enclosed to reduce noise
· Further information on the history of the premises, the permitted use of the terrace and its lawfulness
· Clarification on what was being operated from the second floor of the host building
· Confirmation on the number of covers in restaurant and the expected number of smokers on roof terrace at one time?
· What factors prompted the submission of the original retrospective planning application – was it a complaint?
· More detail on the Planning Inspectorate appeal decision.
· Whether the need for planning permission could be negated if the structure was to be placed on wheels.
· Photos of structure from neighbouring gardens.
The vote for the resolution to defer consideration was carried by 9 votes to 2. Councillors Oddy, Tebbutt, Brace, Kelly, Osborne, Pain, Thompson, Hawthorn and Durant voted for the resolution to defer consideration. Councillors Murray and Ower voted against the resolution to defer the granting of planning permission.