Agenda item - BH2013/03841 - Goldstone Retail Park, Newtown Road, Hove - Removal or Variation of Condition

Application for variation and removal of conditions of application BH2013/02445 (Erection of single storey restaurant (A3) with external seating area and alterations to car park). 

Variation of condition 6 to allow deliveries and the collection of goods/refuse from the site between 08:00 - 18:00 Mondays to Saturdays and not at all on Sundays and Bank Holidays. 

Variation of condition 7 to read: All hard landscaping and means of enclosure shall be completed prior to occupation of the development. 

Variation of condition 12 to read: Within three months of a start on site, a BRE issued Interim/Design Stage Certificate demonstrating that the development has achieved an overall BREEAM rating of 'Good' shall be submitted to, and approved in writing by, the Local Planning Authority.  A completed pre-assessment estimator will not be acceptable. 

Variation of condition 17 to read: Within three months of the first occupation of the development hereby approved, a BREEAM Building Research Establishment issued Post Construction Review Certificate confirming that the development built has achieved an overall BREEAM rating of 'Good' shall be submitted to, and approved in writing by, the Local Planning Authority.

RECOMMENDATION – GRANT

Application for variation and removal of conditions of application BH2013/02445 (Erection of single storey restaurant (A3) with external seating area and alterations to car park). Variation of condition 6 to allow deliveries and the collection of goods/refuse from the site between 08:00 - 18:00 Mondays to Saturdays and not at all on Sundays and Bank Holidays. Variation of condition 7 to read: All hard landscaping and means of enclosure shall be completed prior to occupation of the development. Variation of condition 12 to read: Within three months of a start on site, a BRE issued Interim/Design Stage Certificate demonstrating that the development has achieved an overall BREEAM rating of 'Good' shall be submitted to, and approved in writing by, the Local Planning Authority.  A completed pre-assessment estimator will not be acceptable. Variation of condition 17 to read: Within three months of the first occupation of the development hereby approved, a BREEAM Building Research Establishment issued Post Construction Review Certificate confirming that the development built has achieved an overall BREEAM rating of 'Good' shall be submitted to, and approved in writing by, the Local Planning Authority. 

(1)                   The Senior Planning Officer, Guy Everest, introduced the report and gave a presentation by reference to photographs, plans, elevational drawings and matters on the late list. The application sought permission for the variation of conditions in relation to the delivery hours, landscaping and sustainability. The delivery hours would be increase on Saturdays to give similar hours to those of the other retail units in the retail park. The condition in relation to landscaping would still ensure it was acceptable, and the sustainability code would be reduced from ‘very good’ to ‘good’. For the reasons set out in the report the application was recommended for approval.

Questions for Officers Debate and Decision Making Process

(2)                   It was confirmed for Councillor Duncan that the previous approval had been a delegated decision to Officers. It was also clarified that at the point of the previous application the reduced hours had been applied for; the landscaping condition made the provision more precise and the change in the level of sustainability was to address the changed circumstances of the applicant.

(3)                   Councillor Mac Cafferty referenced concerns raised by neighbours in relation to increased hours of delivery and odours coming form the site, and asked what the local planning authority could do in relation to applications for increases to operational hours. In response the Head of Development Control explained that the local planning authority had a duty to consider applications for variations of conditions, and the applicant would need to evidence the proposed changes. It was also noted that the application was regularising the arrangements around the rest of the site.

(4)                   A vote was taken and the Officer recommendation to approve planning permission was carried on a vote of 8 in support; 2 against and 2 abstentions.

154.4    RESOLVED - That the Committee has taken into consideration the recommendation and agrees with the reasons for the recommendation set out in section 11 and resolved to be GRANT planning permission subject to conditions.