Agenda item

RECOMMENDATION: Approval subject to conditions

WARD: Winchmore Hill

NOTED

1.   Councillor Savva received advice from the Legal Services representative that he had no disclosable interest in the application.

2.   Introduction by the Planning Decisions Manager, clarifying the proposal, and that conditions were recommended to cover the hours of opening and to ensure the mixed use of the premises and not solely take-away.

3.   Advice in respect of refusal of planning permission in 2008 for the introduction of a take-away use at nos 32-34 The Green. Traffic and Transportation had raised no objections to the current application. It was acknowledged that the highway conditions immediately outside the premises differed due to proximity to the roundabout.

4.   Receipt of six further letters of objection raising concerns including:

?  The occupier has continued to trade illegally without the proper consent, this shows a lack of respect for the area and the Council.

?  Just because the premises are operating does not mean permission should be granted.

?  There will be ramifications of opening up the floodgates to allow take away operators into an area of special protection.

?  Impact on traffic flow.

?  Litter, this has increased substantially with rubbish regularly waiting collection to the front of the business as there is no rear access, and take away litter on the roads.

?  Bags left out ripped open by foxes and litter strewn across the Green.

?  Noise and disturbance.

?  The floor area is clearly leaning towards take away with the whole ground floor servicing the take away trade.

?  Any permission should be tailored to the applicant only.

?  A condition should ensure the operator walks the area at least twice a day to collect litter.

?  Samdam restaurant 5 doors away was denied an A5 takeaway when they applied correctly.

?  A take-away would change the character of the Green.

5.   Revision of Condition 2.

6.   Requirement for a litter strategy and provision of an additional bin.

7.   Recommendation that planning permission be temporary for one year so that use could be monitored.

8.   The deputation of Brian Foyle on behalf of Winchmore Hill Residents’ Association, including the following points:

a.  There had been disregard for the local community, and for planning requirements over the last ten years.

b.  This application would probably not have been made without residents having brought concerns to the Council’s attention.

c.  The use would lead to more traffic and short term parking in obstructive places, and food may be eaten on the Green causing litter disposal issues, especially in the summer weather.

d.  The majority of tables were hidden in the basement and the ground floor was dominated by a service counter typical of a take-away.

e.  Fears that nearby Sandam restaurant would introduce casual take-away food on the back of this application.

f.  Fears that the restaurant could be sold to one of the national multiples and this would destroy the character of the Green.

9.   The response of Matthew Wheeler, the agent, including:

a.  There would be no alterations to the façade.

b.  The restaurant already had a working flue.

c.  The restaurant already had a refuse agreement with the Environment Agency to remove all waste products.

d.  The majority of tenants and other businesses on the Green were in favour of this proposal.

e.  If the application was not granted it would greatly affect use of the building and the viability of the business.

10. Members’ debate and questions responded to by officers, including:

a.  Wish to support local business, but concerns in relation to litter and potential for a different take-away operator to acquire the premises.

b.  Discussion of an appropriate limit for temporary permission to allow time for the business to establish and impacts to be monitored.

c.  Members’ request that after the temporary period, the matter be referred back to Planning Committee.

11. The unanimous support of the Committee for the amended recommendation, with one abstention.

AGREED that the application be approved, subject to the conditions set out in the report and additional conditions below, for the reasons set out in the report.

Application for renewal to be taken back to Committee.

Additional Conditions:

1.  Detailed plan defining the extent of the area allocated to takeaway use to be submitted within 1 month of the date of decision.

2.  Revision to Condition 2 – The premises shall be used for a mix A3/A5 (restaurant/hot food takeaway) within Town and Country Planning (Use Classes) Order 1987 (as Amended) and shall not be used solely as a hot food takeaway nor the area given over to takeaway service increased from that shown on the plans approved pursuant to condition (x) above unless agreed in writing by the Local Planning Authority.

3.  Details to be submitted of a strategy to deal with litter, the provision of an additional refuse bin and the timescale for provision.

4.  Temporary permission (18 months).