Minutes:
The proposal before Members was for the change of use of a shop (which was currently empty) from Use Class A2 (Financial and Professional Services) to Use Class A3 (Restaurant). An extraction system with an external exhaust flue was proposed to be located in the rear part of the unit.
Members noted that the application had been called in by Councillors Frederick Thompson and Joshua Chapman.
Councillor Thompson had called in the application for the following reasons
There was insufficient street parking in the vicinity with the possibility of patrons of an evening parking obstructively in Carlton Road and on the bend in Balgores Lane. Cars picking up from the kebab shop opposite in the evening already caused traffic congestion and increased danger at the location. The flats over the proposed restaurant were likely to be disturbed by noise emanating from the restaurant including putting out refuse and bottle bin noise. The site also had rather poor access for refuse disposal.
Councillor Chapman had called in the application for the following reasons.
Directly above the property and all along the top floor of the building, there were residential flats - there would be a significant loss of residential amenity for all of the current residents if the change of use was permitted. Firstly, there was the problem of noise (a restaurant would have late night custom causing elevated noise-levels in a residential area; secondly, there was the problem of the smell of the food (a big problem considering the close proximity to the flats directly above and the properties at the end of Carlton Road). The change of use would also cause a major parking issue. There were not sufficient parking spaces to serve a restaurant at the location. However, there were no restrictions in Carlton Road after 10am, so this would be the obvious parking choice for customers of the restaurant and would cause significant parking issues in the already pressured Carlton Road. Furthermore, the noise from the restaurant would be carried to Carlton Road as customers returned to their vehicles. There were no restaurants in the section of flats/offices so it would not seem appropriate to change this. There was a kebab takeaway nearby in a different ward which did not have any flats above, and a restaurant further up the road, but nothing in that section, and therefore it is not deemed appropriate to include a restaurant in the residential zone.
In accordance with the public speaking arrangements the Committee was addressed by an objector with a response from the applicant’s representative.
The objector commented that there were no food outlets currently in the parade and that nearby residents had concerns regarding the emanation of food smells.
The applicant’s representative commented that the proposal would bring an empty shop unit back into use and would bring economic benefits to the area. The representative also commented that there was sufficient parking in the nearby area and that the control of sound and smells was conditioned within the officer’s report.
With its agreement Councillors Frederick Thompson and Joshua Chapman addressed the Committee.
Councillor Thompson commented that there was insufficient parking in the area and the noise and smells would be unfair on the residents living nearby.
Councillor Chapman commented that the officer’s report demonstrated a lack of understanding of the site. The parade had a good blend of businesses but did not have any units selling food. The proposed use would be out of place in the parade and would have an adverse effect on the residential amenity of neighbouring occupiers because of the noise and smells that associated with such businesses. Councillor Chapman also commented on the lack of parking provision in the area.
During a brief debate Members discussed the parking provision in the locality and the possible effect noise and smells would have on the nearby residents.
The report recommended that planning permission be granted however following a motion to refuse the granting of planning permission which was carried by 8 votes to 2 with 1 abstention it was RESOLVED that the granting of planning permission be refused on the grounds of insufficient car parking and the impact upon highway safety and amenity as a result of unacceptable overspill on to the surrounding roads.
The vote for the resolution to refuse the granting of planning permission was carried by 8 votes to 2 with 1 abstention.
Councillors Misir, Frost, J. Crowder, P. Crowder, Nunn, Whitney, Martin and Williamson voted for the resolution to refuse the granting of planning permission.
Councillor Hawthorn and Van den Hende voted against the resolution to refuse the granting of planning permission.
Councillor Best abstained from voting.