Agenda item - BH2013/03142 - The Mill House, 131 Mill Lane, Portslade - Removal of Variation or Condition

Application for variation of conditions 3, 4 and 5 of application BH2013/01223 (Erection of single storey rear extension with associated external alterations) to allow the extension to be open between 07.00am to 11.00pm Mondays to Saturdays inclusive and 07.00am to 11.00pm Sundays, Bank or Public Holidays, to allow off sales of alcohol to be made to customers in the new extension and to allow the use of machinery and plant between the hours 7.00am and 11.00pm Mondays to Saturdays inclusive and from 7.00am until 10.00pm on Sundays, Bank or Public Holidays.

RECOMMENDATION – GRANT CONDITIONS 3 AND 5 REFUSE CONDITION 4

Application for variation of conditions 3, 4 and 5 of application BH2013/01223 (Erection of single storey rear extension with associated external alterations) to allow the extension to be open between 07.00am to 11.00pm Mondays to Saturdays inclusive and 07.00am to 11.00pm Sundays, Bank or Public Holidays, to allow off sales of alcohol to be made to customers in the new extension and to allow the use of machinery and plant between the hours 7.00am and 11.00pm Mondays to Saturdays inclusive and from 7.00am until 10.00pm on Sundays, Bank or Public Holidays.

(1)                   The Committee agreed to forego a presentation and move straight to the vote.

(2)                   A vote was taken in respect of conditions 3 & 5 and the Officer recommendation to grant planning permission was not carried on a vote of 10 against with 1 abstention.

(3)                   A vote was then taken in respect of condition 4 and the Officer recommendation to refuse planning permission was carried on a vote of 9 in favour; 1 against and 1 abstention.

(4)                   In respect of the decision not to vary conditions 3 & 5 reasons for the refusal were proposed. These reasons were then read to the Committee and it was agreed that they reflected what had been put forward by Members. A recorded vote was then taken with the reasons for refusal and Councillors: Mac Cafferty, Jones, Hyde, Cox, Deane, Duncan, Gilbey, Littman and K. Norman voted that permission be refused and Councillor Carden, abstained from the vote.

177.2         RESOLVED - That the Committee:

(a)               Has taken into consideration the Officer recommendation, but resolves to REFUSE to vary conditions 3 & 5 for the reason (i) set out below; and,

(b)               Agrees with the reasons for the recommendation set out in section 11 of the report and resolves to REFUSE to vary condition 4 for the reason (ii) set out below.

Reasons for Refusal

              i.           Conditions 3 and 5, if varied as proposed, would fail to safeguard  the amenities of the locality by reason of noise nuisance in this predominantly residential area and would therefore be contrary to policies SU10 and QD27 of the Brighton and Hove Local Plan 2005.

            ii.           The off sales of alcohol from the extension would increase the potential for noise, disturbance and public disorder detrimental to the residential amenity of the locality, contrary to policies SU10, SR12 and QD27 of the Brighton & Hove Local Plan.

Note: Councillor Hamilton was not present during the debate and vote on this application.