Agenda item

Report No: DEV/FH/17/042

Planning Application - Variation of conditions 2 and 4 of DC/17/0790/FUL - to allow use of amended plans for providing a new entrance to restaurant and amended opening hours Sunday - Thursday 11am - 10pm and Friday and Saturday 11am to 11 pm for Change of use of Sports Pavilion (D2) to Restaurant/Cafe (A3)

Planning Application - Variation of conditions 2 and 4 of DC/17/0790/FUL - to allow use of amended plans for providing a new entrance to restaurant and amended opening hours Sunday - Thursday 11am - 10pm and Friday and Saturday 11am to 11 pm for Change of use of Sports Pavilion (D2) to Restaurant/Cafe (A3)

This application had been referred to the Development Control Committee by the Delegation Panel following call-in of the application by Councillor Ruth Bowman (Ward Member).

A Member site visit was held prior to the meeting.  Mildenhall Parish Council were in support and Officers were recommending that the application be approved subject to conditions, as set out in Paragraph 21 of Report No DEV/FH/17/042.

The Senior Planning Officer made reference to Planning Application DC/17/0790/FUL which was granted in July 2017.  The application before Members sought a variation to conditions in relation to the July permission.

The Officer advised that since publication of the agenda amended plans had been submitted by the applicant which showed details of a designated smoking shelter.  The Council’s Public Health and Housing had been consulted on this amendment and were happy with what was proposed (as per Condition 10 of the recommendation).

Speakers:    Aidan Keogh (resident) spoke against the application

Marilyn McGuire (applicant) spoke in support of the application

Councillor Ruth Bowman (Ward Member) spoke on the application.  She raised concerns that restaurant patrons could gravitate towards the Social Club’s outside seating areas and, similarly, that those attending the Social Club could walk through the building in order to access the restaurant’s designated smoking area. 

The Service Manager (Planning – Development) explained that the movement of customers throughout the building was a matter for management and could not be controlled via planning conditions/restrictions.

The Senior Planning Officer explained that whilst there was nothing to restrict smoking at the outside seating areas, the restaurant was not permitted to serve food to these tables, as per Condition 11 of the recommendation.

Another Member made comment as to whether the vegetation along the boundary of neighbouring Turnstone Close could be increased in order reduce the impact on residents’ amenity.  The Service Manager (Planning – Development) explained that it would be not be reasonable to request this on such a small-scale application, however, the applicant was present and may take note of the comment.

Councillor Simon Cole moved that the application be approved, as per the Officer recommendation, and this was duly seconded by Councillor Louis Busuttil.

Upon being put to the vote and with the vote being unanimous, it was resolved that

Decision

Planning permission be GRANTED subject to the following conditions:

1.       NS     time limit

2.       NS     Approved plans (amended)

3.       NS     plant, machinery and equipment details

4.       NS     operational hours

5.       NS     delivery times

6.       NS     Bin empty times

7.       NS     background music only

8.       NS     hours of construction

9.       NS     parking prior to first use

10.     NS     smoking area – to be provided prior to first use

11.     NS     No external seating

(Councillor Roger Dicker left the meeting at 6.51pm during the preliminary discussion of this item and prior to the voting thereon.)