Agenda item

Councillor Ian Moody declared an interest in that he knew the applicant from their previous work as a business in Codicote and therefore he would take no part in the debate or vote on this item.

 

Councillor Daniel Allen called for a recorded vote.

 

The result of the recorded vote was:

 

For: Councillors: Daniel Allen, Ruth Brown, Tony Hunter, David Levett, Mike Rice, Tom Tyson, Michael Muir, Carol Stanier

Total: 8

 

Against: Councillors: Val Bryant, Mike Hughson, Sue Ngwala

Total: 3

 

Abstain:

Total: Nil

 

Therefore it was:

 

RESOLVED: That application 20/03038/FP be GRANTED planning permission subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the following additional informative:

 

“BIN INFORMATIVE:

 

A rubbish bin is to be placed on the pavement outside of the front window of the premises during trading hours only.  It is the responsibility of the user of the unit to empty the bin and ensure that it is not left out during the hours the unit is closed.”

Audio Recording – 2 hours 16  minutes.

 

The Chair advised that Items 10 & 11 would be presented and considered together.

 

N.B The debate and consideration of both items is recorded here at Minute 144.

 

Councillor Ian Moody declared an interest in that he knew the applicant from their previous work as a business in Codicote and therefore he would take no part in the debate or vote on this item.

 

Councillor Daniel Allen called for a recorded vote.

 

The Acting Principal Planning Officer presented the reports of the Development and Conservation Manager in respect of Applications 20/03038/FP and 20/03039/LBC supported by a visual presentation consisting of photographs and plans.

 

The Chair invited Mr Liam Jordan and Ms Cath Cole to address the Committee.

 

Mr Liam Jordan and Ms Catch Cole both thanked the Chair for the opportunity to address the Committee.

 

Mr Liam Jordan gave a presentation including:

 

·                Residents were in regular discussions with the local council about issues surrounding the influx of dining and take-away establishments into the area;

·                An additional business of this type in the conservation area would compound the negative impact;

·                Parking for take-aways in the area was unsustainable and unsafe;

·                Pedestrian queuing along Bancroft was causing access issues for residents;

·                Antisocial behaviour was an increasing problem in the area due to the proliferation of take-away establishments;

·                There was not sufficient chimney extraction for the premises;

·                There was no rear parking for the premises.

 

Ms Cath Cole gave a presentation including:

 

·                The conversion of restaurants in to café/takeaway establishments in the area had caused problems with parking, antisocial behaviour, smell, litter and crowding, and demonstrated the negative impact of inundating an area with café/takeaway businesses;

·                The conversion of a further unit to café/takeaway use would further exacerbate these problems which harm residents and would cause further highways issues;

·                Residents are impacted by antisocial behaviour from customers.

 

The following Members asked questions of the speakers:

 

·                Councillor David Levett

 

In response to questions Mr Liam Jordan advised that the alleyways on the side of the shop provided access to business premises.

 

The Chair invited Councillor Ian Albert to address the Committee.

 

Councillor Ian Albert thanked the Chair for the opportunity to address the Committee and gave a presentation including:

 

·                He endorsed the points raised by the public speakers in objection;

·                Hitchin had a thriving night-time economy and Bancroft had a number of popular establishments which drew people to the area;

·                Business owners in the area were cognisant of the issues including parking which impacted local residents;

·                There can be one too many café/restaurant/takeaway premises in one area and this could be the tipping point;

·                There were now significant parking problems in the area which was causing problems for residents;

·                The application should be rejected on the basis that there were too many similar establishments in the area already and the customers attracted would exacerbate parking problems;

·                There were considerable environmental health issues from extraction systems in the area where the system was not adequate to handle the nature of the business and its capacity; the adequacy of the extractive system proposed for this development had to be demonstrated.

 

The following Members asked questions:

 

·                Councillor Carol Stanier

·                Councillor Daniel Allen

·                Councillor Val Bryant

 

In response to questions Councillor Ian Albert advised:

 

·                options for parking enforcement were being explored with parking enforcement officers and the police but the regularity of issues meant that daily monitoring was necessary and a further establishment would exacerbate the issue;

·                Individual establishments could not by themselves resolve the parking issue;

·                The area outside the premises were double yellow lined already and there was no parking available for guests, and customers were occupying spaces in the nearby taxi rank.

 

The Chair invited Mr Tom Donovan to address the Committee.

 

Mr Tom Donovan thanked the Chair for the opportunity to address the Committee and gave a presentation including:

 

·           The applicants had run a business in Codicote which became a key part of the local community and expanding in to Hitchin was a natural next step;

·           The business intended to contribute to the Hitchin community and take part in projects such as the Business Improvement District;

·           They were understanding and appreciative of the Hitchin area and the impact the business would have on the locale;

·           The premises were a grade II listed building which was currently sitting empty;

·           The premises were authorised under Use Class E and the application was for approval of a hot food takeaway component; the premises were already allowed to open as a restaurant;

·           The application had already made concessions in the form of an internal flueless extraction system and a reduction in opening hours to mitigate the impact on the locale;

·           The Conservation Officer was satisfied with the application;

·           Other outlets in the area had led to inconsiderate parking by customers but it was unfair to assign responsibility to proprietors who had no responsibility for the public highway;

·           There were other more appropriate mechanisms to control parking in the area;

·           The applicant intended to show notices encouraging considerate parking;

·           The application had been shown to be acceptable and there were no material reasons to justify refusal.  

 

The following Members asked questions:

 

·                Councillor Val Bryant

 

In response to questions Mr Tom Donovan advised that there were many viable options for parking in Hitchin and that it was unfair to couch the view that all customers parked inconsiderately.

 

The Acting Principal Planning Officer advised the following in response to issues raised:

 

·                ETC5 supported these developments;

·                The café use class was a deemed changeable use and did not require planning permission; this application was for the hot food takeaway component of the business;

·                Parking was a matter for parking enforcement and the police to address.

 

The following Members asked questions and took part in the debate:

 

·                Councillor David Levett

·                Councillor Michael Muir

·                Councillor Sue Ngwala

·                Councillor Tony Hunter

 

Issues raised included:

 

·                Material planning considerations and the prospect of appeal;

·                Legal responsibility for parking issues;

·                Bins.

 

In response to questions the Acting Principal Planning Officer advised that an informative on the provision for an on-street bin to be placed at the start and removed at the end of opening hours could be added.

 

Councillor Michael Muir proposed, Councillor David Levett seconded and the result of the recorded vote was:

 

For: Councillors: Daniel Allen, Ruth Brown, Tony Hunter, David Levett, Mike Rice, Tom Tyson, Michael Muir, Carol Stanier

Total: 8

 

Against: Councillors: Val Bryant, Mike Hughson, Sue Ngwala

Total: 3

 

Abstain:

Total: Nil

 

Therefore it was:

 

RESOLVED: That application 20/03038/FP be GRANTED planning permission subject to the conditions and reasons set out in the report of the Development and Conservation Manager and the following additional informative:

 

“BIN INFORMATIVE:

 

A rubbish bin is to be placed on the pavement outside of the front window of the premises during trading hours only.  It is the responsibility of the user of the unit to empty the bin and ensure that it is not left out during the hours the unit is closed.”