Agenda item - BH2013/03117 - 56 London Road, Brighton - Removal or Variation of Condition

Application for variation of condition 1 of application BH2011/02890 to permit the premises to be in use between the hours of 08.00 and 04.00 daily with counter sales to cease at 01.00.

RECOMMENDATION – REFUSE

Application for variation of condition 1 of application BH2011/02890 to permit the premises to be in use between the hours of 08.00 and 04.00 daily with counter sales to cease at 01.00. 

(1)                   The Area Planning Manager, Nicola Hurley, introduced the application and gave a presentation by reference to plans, photographs and elevational drawings. The site related to a hot food takeaway, Dominoes, on London Road, and planning permission was sought for a variation of condition to amend the hours of operation to 04.00 hours daily; with counter sales ceasing at 01.00 hours. The main considerations related to the potential impact on neighbours, and Officers were of the view that these hours were acceptable. It was also noted that the current licensed hours were until 04.00 hours, but licensing and planning were two separate regimes. For the reasons set out in the report the application was recommendation for refusal.

Questions for Officers Debate and Decision Making Process

(2)                   In response to Councillor Carol Theobald Officers were not able to confirm the operational hours of the other nearby ‘Dominoes’ takeaway.

(3)                   Councillor Davey stated that he agreed with the Officer recommendation and that as London Road was improving an extension to the hours of opening as proposed was not appropriate in this location.

(4)                   Councillor Carol Theobald agreed that the application was unreasonable, and noted there would be additional noise created elsewhere in the city.

(5)                   A vote was taken and planning permission was unanimously refused.

105.4    RESOLVED – That the Committee has taken into consideration the recommendation and agrees with the reasons for the recommendation set out in paragraph 11 and resolves to REFUSE planning permission for the reasons set out below:

Reasons for Refusal:

              i.           The proposed hours of operation, including deliveries until 04.00 on a daily basis, would cause significant increased noise and disturbance to the detriment of the amenity of residents in the immediate vicinity of the application site. The proposed hours of operation are therefore contrary to policies SU10 and QD27 of the Brighton & Hove Local Plan.

Informatives:

              i.           In accordance with the National Planning Policy Framework and Policy SS1 of the Brighton & Hove City Plan Part One (submission document) the approach to making a decision on this planning application has been to apply the presumption in favour of sustainable development. The Local Planning Authority seeks to approve planning applications which are for sustainable development where possible.

Note: Councillors Duncan and Littman were not present at the meeting.