Agenda item - BH2021/01814 - 4 Coldean Lane, Brighton - Full Planning

1.    The Planning Manager introduced the application to the committee.

Speakers

2.    Kai Penny addressed the committee as the applicant’s agent and stated that the application was for a local take away business that offers financial support for the owner’s family and letters of support have been received. The site is located on a busy residential road with shops some 50 metres away. The open hours are low key with nothing beyond 9pm. The average customer numbers are two per hour therefore this low scale business has low impact, with low noise and few comings and goings. Most customers walk to the site or cycle. Those arriving by vehicle have been asked to park in nearby parking bays and not to park on the pavement. The committee were informed this was a local family business and asked to support the application.

Answers to Committee Member Questions

3.    Councillor Yates was informed that the case officer was not sure if the Amex Stadium parking exclusion zone reached the application site.

4.    Councillor Shanks was informed by the Senior Solicitor the licensing of the business was not a planning issue and committee should look at the planning issues only.

5.    Councillor Moonan was informed that the planning permission was required regardless of where the catering truck was located on the site. The Senior Solicitor noted that a business run from the kitchen within the house would be assessed by fact and degree as to whether planning permission would be required.

Debate

6.    Councillor Theobald considered the location of the food truck to be difficult on this residential street and should be removed.

7.    Councillor Ebel stated they agreed with the officers and the application was out of character and they supported the recommendation to refuse change of use.

Vote

8.    A vote was taken, and the committee voted unanimously to refuse planning permission. (Councillor Fishleigh left the meeting before the item was discussed. Councillor Childs took no part in the discussions or the decision making process).

9.    RESOLVED: That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to REFUSE planning permission for the reasons ser out in the report.