Agenda item

Application under Section 73 (minor material amendment) of the Town and Country Planning Act (1990) to vary condition 45 of planning permission ref: P2017/2870/S73.

The variation relates to the hours of use of the approved Class D2 Uses (Gym and Cinema).

(Planning application number: P2018/2463/S73)

In the discussion the following were made:

·         The meeting was informed that the report erroneously stated 20 objectors instead of 22 however all the issues raised had been addressed in the report.

·         The Planning Officer advised that the proposed variation of hours in this town centre location is supported in policy terms.

·         Meeting was advised that no objections had being received by the Council’s Public Protection Officer with the proposed variation of hours especially as the units are located in basements which will limit noise breakout.

·         In response to questions about the licensing framework hours, the Planning officer advised members that it is Sunday to Thursday, 8.00am to 11.00pm and Friday and Saturday, 8.00am to midnight.

·         Objectors were concerned that extending the hours of use for the gym and cinema would impact the amenity of neighbouring residents. In addition objectors were concerned that the proposal is an attempt to circumvent the original permission and concerns still remain on how cinema goers attending late screenings of films would be able to exit the site.

·         In addition objectors were concerned about the impact of parking on neighbouring streets, the increasing number of service vehicles and the associated noise generated throughout the day and that there were no adequate controls and safeguards in place to prevent people leaving these premises and using Moon and Studd Street as a thoroughfare.

·         Members were advised that with regards to the gym, the proposal seeks an extra opening hour for users going to work earlier while in the case of the cinema, the proposal to extend the closing time was to cater for late film screening after 11pm. Members were advised that these cinemas had 6 small screening rooms and not the normal sized cinema which attract bigger audiences.

·         The agent advised that customers will be encouraged to leave via upper street as most of the operators will receive a management plan detailing the requirements placed on all tenants and in particular restaurant staff who will be required to inform customers of the exit routes.

·         The agent informed the meeting that in terms of managing security and prevention of anti-social behaviour, there will be a dedicated patrol officer on site to provide directions and a CCTV monitor would be in place to address any concerns. In terms of vehicular access, the meeting was informed that this will be via Studd Street, where bollard and physical security staff will be present in a new gatehouse facility.

·         Members noted that with regards to varying the hours of use of any premises or business, this should be within the Council licensing framework hours.

·          The chair suggested that an informative be added to the approval stating that, in the Committee’s view, ‘approved hours’ is intended to refer  to trading hours, which was  agreed

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations and objections provided verbally at this meeting, planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report and an additional informative outlined above; 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.