Agenda item - BH2016/01870- 51 St James's Street, Brighton - Full Plannning

Erection of covered seating area on raised decking to rear courtyard. (Retrospective)

RECOMMENDATION – GRANT

Ward Affected: Queens Park

Erection of covered seating area on raised decking to rear courtyard. (Retrospective)

(1)          The Principal Planning Officer gave a presentation detailing the scheme by reference to site plans, drawings and photographs. It was explained that the application related to the ground floor A3 (restaurant) unit of a three storey end of terrace building located on the corner of St. James's Street and New Steine Mews, which is situated within the East Cliff Conservation Area. The majority of works to create the additional seating area had already been completed, but amendments would be required to make the design acceptable, as illustrated in Proposed Plan 010 - 04D. These works could however be secured by condition. A single storey extension is located at the rear of the property, but no planning application has been received for these works. This application seeks consent for the covered seating area only, and no other works will be considered. An informative would be added clarifying this point.

              Questions of Officers

(2)          Councillor Morris sought clarification regarding whether or not a single storey extension was proposed.

(3)          Councillor Janio enquired whether the application would have been recommended for approval irrespective of whether or not it had been retrospective. It was confirmed that the considerations were the same whether or not an application was retrospective.

(4)          Councillor Russell-Moyle sought clarification whether the courtyard area was currently in use. It was explained that it was and that issues raised in respect of noise were not planning issues but could be addressed by Environmental Health legislation.

Debate and Decision Making Process

(5)          Councillors Hyde and Wares supported the application but considered that it was important to condition the hours during which the courtyard area could be used to ensure that it was vacated by 23:00 hours. The Planning Manager, Major Applications, Paul Vidler, confirmed that the proposed conditions attached to any permission granted could be amended to that effect.

(6)          Councillor Morris stated that he was concerned that there was an overlap with the licensing regime, considering that it was important to apply a consistent approach. He was concerned regarding the concerns and objections received by the Police and in respect of the single storey extension which appeared to have been added to the host building without permission. He hoped that once the enforcement team was up to strength this matter could be investigated further.

(7)          Councillor Inkpin-Leissner stated that he was not happy to support the application in view of the concerns expressed by the Police.

(8)          A vote was taken and of the 10 Members present when the vote was taken planning permission was granted on a vote of 8 to 2.

96.8       RESOLVED - That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to GRANT planning permission subject to the Conditions and Informatives set out in the report and amended Condition 2 as set out below:

              Amended Condition 2:

              The covered seating area and rear courtyard shall not be open to customers and all external lighting shall be switched off except between the hours of 09:00 and 23:00 each day and the access door to the courtyard shall remain shut outside these times unless being used for emergency purposes.

              Reason: In order to protect the amenity of the occupiers of adjoining properties and to comply with policies QD14 and QD27 of the Brighton & Hove Local Plan.

              Note: Councillors Mac Cafferty and Miller were not present at the meeting during consideration or voting on the above application.