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Agenda item

37 Deptford High Street Committee Report

Decision:

RESOLVED that planning permission be granted subject to the following

conditions and informatives:

 

CONDITIONS

1) SOUND INSULATION

 

The soundproofing shall be retained permanently in accordance with the

details as approved in permission DC/19/106558.

 

Reason:  In the interests of residential amenity and to comply with DM Policy

26 Noise and vibration of the Development Management Local Plan

(November 2014).

 

2) OPENING HOURS

 

The premises shall only be open for customer business between the hours of

9am to 11pm Sunday to Wednesday, 9am to 12am Thursday and 9am to 1am

Friday and Saturday

 

Reason:  In order to safeguard the amenities of adjoining occupants at

unsociable periods and to comply with Paragraph 120 of the National

Planning Policy Framework  and DM Policy 26 Noise and Vibration, DM Policy

14 District centres shopping frontages, DM Policy 17 Restaurants and cafes

(A3 uses), and drinking establishments (A4 uses)  of the Development

Management Local Plan (November 2014)

 

3) AMPLIFIED SOUND

 

No music, amplified sound system or other form of loud noise (such as

singing or chanting) shall be used or generated which is audible outside the

premises or within adjoining buildings.

 

Reason:  To safeguard the amenities of the adjoining premises and the area

generally and to comply with Paragraph 120 of the National Planning Policy

Framework and DM Policy 26 Noise and Vibration of the Development

Management Local Plan (November 2014).

 

INFORMATIVES

 

Positive and Proactive Statement: The Council engages with all applicants in

a positive and proactive way through specific pre-application enquiries and

the detailed advice available on the Council’s website.  On this particular

application, no pre-application advice was sought.  However, as the proposal

was clearly in accordance with the Development Plan, permission could be

granted without any further discussion.

Minutes:

The report was introduced by the Planning Officer, Alfie Williams who

outlined the proposals, the key planning considerations and the objections

which had been received to this Section 73 minor material amendment

application.

 

Councillor Clarke received an assurance that there were similar uses in the

borough operating with the same time limits and located below residential

properties. Councillor Sheikh was informed there were more than 100

properties in the area where residents lived above locations with similar

ground floor uses.

 

The applicants, Graham Loveland and his daughter Rachel, spoke in favour of

their application. They noted the objection made on the grounds of the

residential character of the area and countered that this was a major district

centre with a growing night time economy. Their fledgling business was

already governed by Licensing conditions on noise, rear door closure,

advisory notices, CCTV and refuse disposal.

 

Councillor Sheikh noted the use of the Isla Ray premises as a

workshop/artistic space and asked about complaints made and charging

rates. The applicants replied that use of the space was free of charge and

only one complaint had ever been received and that came via Instagram.

 

Helena Russell, Co-Chair of the Deptford Society, and local resident Harry

Richardson spoke in objection to the application. An addendum was tabled on

behalf of the Deptford Society calling for the application to be deferred to

allow a meeting to take place with council representatives to discuss

Lewisham’s policies encouraging night time activity as the Society felt the

residential significance of Deptford High Street was being underplayed. The

Society stressed they had no objections to the business or reservations about

the applicants but believed any impact on continual residential expansion

deserved further examination.

 

Mr Richardson added that he had lived in the area for more than 20 years and

he believed the officer characterisation of the area was inaccurate with there

being a delicate balance between the mix of residential and commercial uses.

He asked that protection be put in place for residents before other uses were

contemplated that could degrade the residential element.

 

The Chair said a meeting with Councillor Pat Codd could prove beneficial but

that it could take place outside this planning process.

 

Councillor Sheikh said a meeting involving Councillor Codd and the relevant

Cabinet Member, Councillor Andre Bourne would be a good idea, but that the

application should be deferred until that meeting had taken place. Her

proposal was seconded by Councillor Clarke and put to the vote but declared

lost by 3-2 with 1 abstention.

 

The Chair, seconded by Councillor Mulddon, proposed that the

recommendation to grant permission be approved. The proposal was agreed

by 3-2 with 1 abstention.

Votes in Favour: Councillors Gallagher, Gibbons, and Muldoon.

Votes Against: Councillors Clarke and Sheikh.

Votes in Abstention: Councillor Mallory.

 

RESOLVED that planning permission be granted subject to the following

conditions and informatives:

 

CONDITIONS

1) SOUND INSULATION

 

The soundproofing shall be retained permanently in accordance with the

details as approved in permission DC/19/106558.

 

Reason:  In the interests of residential amenity and to comply with DM Policy

26 Noise and vibration of the Development Management Local Plan

(November 2014).

 

2) OPENING HOURS

 

The premises shall only be open for customer business between the hours of

9am to 11pm Sunday to Wednesday, 9am to 12am Thursday and 9am to 1am

Friday and Saturday

 

Reason:  In order to safeguard the amenities of adjoining occupants at

unsociable periods and to comply with Paragraph 120 of the National

Planning Policy Framework  and DM Policy 26 Noise and Vibration, DM Policy

14 District centres shopping frontages, DM Policy 17 Restaurants and cafes

(A3 uses), and drinking establishments (A4 uses)  of the Development

Management Local Plan (November 2014)

 

3) AMPLIFIED SOUND

 

No music, amplified sound system or other form of loud noise (such as

singing or chanting) shall be used or generated which is audible outside the

premises or within adjoining buildings.

 

Reason:  To safeguard the amenities of the adjoining premises and the area

generally and to comply with Paragraph 120 of the National Planning Policy

Framework and DM Policy 26 Noise and Vibration of the Development

Management Local Plan (November 2014).

 

INFORMATIVES

 

Positive and Proactive Statement: The Council engages with all applicants in

a positive and proactive way through specific pre-application enquiries and

the detailed advice available on the Council’s website.  On this particular

application, no pre-application advice was sought.  However, as the proposal

was clearly in accordance with the Development Plan, permission could be

granted without any further discussion.

 

The meeting closed at 9.26pm

Supporting documents: