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: