Skip to content

Agenda item

THE OLD SESSIONS HOUSE ,22 CLERKENWELL GREEN, LONDON, EC1R 0NA

Minutes:

Variation of Condition 10 (Access to External Areas) and Condition 18 (Hours of Operation) of Planning Permission P2016/1614/S73 dated 20/09/2016 for 'Change of use from Masonic Lodge to a mixed use scheme comprising retail, restaurant/bar and office (Sui Generis use), erection of roof extension and alterations to roof to create two roof terraces (including a roof top pool) and insertion of rooflights, installation of roof top plant, replacement of windows, erection of boundary railings to rear and flank elevations and internal alterations/restoration works (including excavation of sub-basement below yard).' The amendments consist of the proposed use of the external areas of the site for non-licensable activities after 10:30pm and a change to the hours of operation of the top floor bar (A4 use) and the lower ground floor retail/restaurant (A1/A3) uses including later terminal hours on Fridays and Saturdays.

(Planning application number: P2016/4842/S73)

In the discussion the following points were made:

·         Planning Officer advised that assessment of the Noise report by the Council’s Public Protection Officer concluded that the use of the outdoor areas after 22:30 for non-licensable areas would not result in unacceptable levels of disturbance to neighbouring occupiers.

·         Planning Officer advised that the applicant had submitted a Management Plan for Premises Licence document and a Smoking Policy which would manage any potential disturbance and had provided assurances of being able to mitigate any potential disturbance from the use of the external areas and operation of the premises.

·         The applicant would be required to apply for a Premises License for the hours being proposed irrespective of planning considerations.

·          In response to a question regarding the levels of noise, the Acoustic Officer advised that the methodology employed was a more appropriate method for people noise, the nature and duration of people shouting, laughing etc and that comparing data obtained when measuring noise levels from similar type of establishments for non-licensable activities demonstrate that the use of these external areas would not result in unacceptable levels of disturbance to neighbouring properties.

·         In response to questions on how details in the Management Plan would be monitored especially if the plan is amended by the operator, the Planning Officer advised that any changes would require submission in writing to the Local Planning Authority and as part of that further assessment various internal consultees would be consulted, including noise officers.

·         Members were concerned with the applicants request to vary opening and closing times which had been granted at a previous meeting of the Committee as there was no evidence of any changes in circumstances and importantly lack of information regarding the future operator of uses on both the ground floor and the top floor and the nature of these businesses to justify the hours of operation that the applicant is seeking.

·         Members agreed the difficulty of assessing the impact of noise on neighbouring amenities especially as presently there was no business activity in operation in the building.

·         Residents were concerned about the management plans, as it does not mirror plans of other business premises in the vicinity and also a dearth of information regarding issues on acoustics, capacity of the premises, smokers, rubbish, deliveries and traffic.

·         Members discussed the suggestion that a temporary one year use of the external areas would allow an opportunity to make an assessment of the impact of the use during this period


Councillor Klute proposed a motion to approve in principle, access to the smoking area for a temporary period of one year following commencement of the use, but retain the operating hours that had been previously approved, pending clearer information about the proposed operators of the spaces.

 

Condition 10 is amended as follows;

 

 

CONDITION: For a temporary period of one year from the commencement of the use with which it is associated, no further persons shall be given access to the external areas serving the property for licensable activities as defined under the Licensing Act 2003, including all external lower ground floor areas and the roof terraces hereby permitted after 22:30 hrs.

 

After 22:30 hrs and until the terminal hours of each use detailed in Condition 18 of this permission, the four areas defined on the hereby approved plans ref: ‘Basement Plan as Proposed’, ‘Second Floor Plan as Proposed’ and ‘Roof Plan as Proposed’ (received 16/03/2017) shall only be available for non-licensable activities as defined under the Licensing Act 2003. Prior to the closing time of each of the site uses, the associated external area as defined on the approved plans shall be cleared of all people.

 

After 22:30 hrs all entry and exit doors and windows onto the external areas shall be kept shut, except for the purposes of allowing access to and egress from the areas designated for use for non-licensable activities. Any lighting to the roof terraces must be turned off on any day when the relevant external areas are no longer in use.

After expiry of this temporary use, the specified terraces shall revert to the use/purpose for which it was previously used prior to the grant of this planning permission.

 

   

REASON: In the interest of protecting neighbouring residential amenity. The temporary use of the external areas is such that the Local Planning Authority is only prepared to grant permission for a limited period in view of the special circumstances of this case and in order to test the degree of noise nuisance that use of these areas would have on residential amenity.

 

 

 

Condition 18 is thus amended as follows;

Condition 18 The café / restaurant (A1/A3 use class), drinking establishment (A4 use class) and Private Members Club (sui generis use class) shall only operate during the hours of:

 

-              10:00 - 23:30 Monday to Saturday

-              12:00 - 23:00 Sundays

 

Except on Good Friday: 12:00 to 23:00

Christmas Day: 12:00 to 15:30 and 19:00 to 23:00

New Year's Eve except on a Sunday: 10:00 until the time authorised on the following day

New Year's Eve on a Sunday, 12:00 until the time authorised on the following day.

If there are no permitted hours on the following day, 00:30 on the 31st December.

 

Note: These closure hours are inclusive of a maximum 30 minutes drinking up time.

 

REASON: In the interests of protecting residential amenity and minimising anti-social behaviour and nuisance within the Farringdon cumulative impact area (for alcohol licensed premises) that this site sits within as set out in the Finsbury Local Plan (2013) including policy BC8G that addresses concentration of such uses. Additionally, this condition would secure compliance with policies: DM4.2 and DM4.3 of the Development Management Policies (2013) and the Council's Licensing Policy which is a material consideration.

 

This was seconded by Councillor Nicholls and carried.

 

 

RESOLVED:

 

That planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report plus amending conditions10 (temporary1 year period) and 18, set out within the report to reflect the hours of operation that was previously agreed; and subject to the prior completion of a Deed of Planning Obligation made under Section 106 of the Town and Country Planning Act 1990 securing the heads of terms as set out in Appendix 1 of the officer report.

 

 

Supporting documents: