Agenda item
10-16 Theberton Street, London, N1 0QX
Minutes:
Reinstatement and installation of walls at basement and ground floor levels to separate 14 and 16 Theberton Street, 10 and 12 Theberton Street and partially separate 12 and 14 Theberton Street: install a ground floor at rear of 12 and 14 Theberton Street by infilling atrium: installation of extractors to rear, and change of use of ground and basement floors of 12 and 14 Theberton Street at Class A3 restaurant with associated internal alterations
( Planning Application Ref: no: PL2018/3913/FUL)
Discussion with this application was considered in conjunction with Item B2, although votes with regard to its recommendation was taken separately. In the discussion the following points were made:
- The
Planning Officer reminded members that the application under
consideration had been previously refused, however the revised
scheme had incorporated a number of amendments.
- Members
were informed of the significant history relating to this site and
included an enforcement action, an appeal to the Planning
Inspectorate which had been refused, and importantly planning
breaches dating back numerous years
- The
Planning Officer informed members that the revised scheme
had reduced the number of covers from
181 to 150, and importantly the large space had been partitioned so
that the space in the restaurants would be more intimate and would
be in keeping with other restaurants in the area. This reduced
space will reduce the ability for the premises to hold
large banqueting events.
- With regard
to noise concerns, the meeting was advised that applicant has
submitted an updated Acoustic Report. In addition Public Protection
had been consulted about the proposal and are satisfied that the
proposal is acceptable, subject to conditions providing limits to
operational noise of the extractor flues, covering permitted hours,
operating hours and timers on flues and internal insulation
details.
- Members
were advised that the additional extractor fans will be designed to
ensure that the noise levels are set 10DB below current background
sound levels, which is 5DB lower than the Council’s the
current expected level. There are additional conditions imposed on
the applicant to ensure compliance with the measures
proposed.
- In response to a Member’s question, the Planning Officer stated that 12/14 Theberton Street would be one unit and included the beneficial reinstatement of internal featuress.
- In response
to Members concerns about the noise levels, the Planning Officer
stated that in regard to the rear extraction units officers were of
the view that the impact is not such that the application should be
refused. In terms of loading hours, time restrictions have been
imposed so as to limit any harm to neighbours as much as
possible.
- With regard
the high number of tables and chairs outside the restaurant, the
meeting was advised that this would require a licence. Planning
Enforcement officers would be monitoring the site to ensure
compliance with any permission. In addition, the Planning Officer
informed the meeting that in terms of recycling, arrangements would
need to be put in place prior to first occupation of the
premises.
- An objector
stated that this site had an unfortunate history where the owner
had ‘flouted’ planning law, carried out the development
unlawfully over a 7 year period. The owner had also failed to
comply with enforcement notices and was taken to the Crown Court
over this where he pleaded guilty.
- An objector
further stated that they objected to the fact that there would be
an 80 cover restaurant and this could cause large groups of diners
to be present causing noise/inconvenience to residents. In the
event of planning permission being granted then this should be for
four separate restaurants and not for enlarged premises at 12/14
Theberton Street and that the issue of partitioning should be dealt
with separately.
- An objector
added that given the owners previous history they were sceptical of
the application. The Planning Officer responded that given the
previous history of the site there were a number of conditions
recommended on the application, as outlined in the report, and that
these would be monitored closely.
- An objector
stated that he suffered continual noise from the extractor fans
and was unable to sit in his garden or
his terrace, and the noise could also be heard with the windows
closed. The fans were on 24 hours per day and he did not feel this
necessary and exacerbated problems for residents, and that the 10DB
limit should be reduced and that residents had not been consulted
in relation to the additional extraction fans.
- The
applicant’s agent stated that the owner had invested heavily
in the site and the borough and that this was a long standing
restaurant serving the community. He acknowledged the problems with
the site in previous years, noting that this was regrettable,
however the applicant now wished to regularise the situation and
move forward.
- The agent
informed Members that the aim of the application is to address all
the concerns highlighted in the report, that detailed discussions
had taken place with Planning officers in order to create a
different dining experience in the restaurants, produce small,
intimate dining areas, more in keeping with other restaurants in
the area.
- In response
to an objector describing the area as solely residential, the agent
informed the meeting that part of Theberton Street is not only
mixed use and dominated by restaurants but remains an important
part of the Angel Town Centre.
- With regard
to issues and concerns as a result of the extractor fans, the agent
stated that the units will comply with strict planning restrictions
and would not have any significant impact on the amenity of
neighbours. The applicants agent added that noise levels would be
controlled and a planning condition will ensure that this is
adhered to. In addition a noise report has been submitted with
application.
- A Member
stated that she did not feel that the objectors were making
unreasonable demands and that she felt that the issues raised in
relation to noise, the number of restaurants and the 24 hour
extractor fans were reasonable ones. The Chair stated that whilst
recognising these concerns there were a number of conditions placed
on the applicant to ensure compliance and it would be for Council
officers to ensure compliance is taking place.
- In response
to the issue of the change of use for 14/16 Theberton Street and
whether if this was a separate application the Committee may have
been minded to refuse it, the Planning Officer reminded members
that the Planning Inspectorate had raised no objection to the A3
use of 14/16 Theberton Street.
- In response
to a question, the Legal Adviser reminded members that the
Committee should determine applications on their planning merits,
and that the conduct of the applicant is not under
consideration.
- A Member expressed the view that residents had suffered 7 years of distress and that there needed to be an effective dispersal policy in operation. It was stated that a dispersal policy would be in place, enforced by Licensing officers, and it was not felt relevant to consideration of this application. In response, the meeting was informed that condition 12 in the report will address this issue.
Councillor Picknell proposed a motion to grant planning permission. This was seconded by Councillor Clarke.
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 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, subject to the conditions outlined
Supporting documents:
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10-16 Theberton Street Final Report NB, item 114.
PDF 8 MB
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Map P2018-3913-FUL 10 - 16 Theberton Street, London, N1 0QX, item 114.
PDF 117 KB