Application Number: 17/P2024            Ward: Wimbledon Park

Recommendation: Grant Planning Permission subject to conditions

Proposal: Minor internal alterations in order to subdivide existing A3 unit (to remain under A3 use class) from No. 12 Leopold Road for both units not to operate jointly. Installation of a ventilation duct at the rear elevation. 

The Committee noted the officers report and presentation and additional information relating to late representations in the Supplementary Agenda.

The Objectors raised residents’ concerns, and asked the Committee to add conditions to control the following issues:

1.    That the extraction duct should be placed 1m above the highest point of the building, which would be 1.5m higher than the application height

2.    No audible mechanical noise or vibration from the extraction unit and other cold store equipment should be heard beyond the premise boundary.

3.    There should be no use of the outside are at  rear of the premises

4.    There should be no A5 takeaway/delivery use of the premises

5.    No Charcoal Grill to be used

6.    Staff should be quite in the rear of the building

7.    Sunday opening hours to be limited to 12 noon – 10pm.

8.    To consider limits on parking and residents parking

The Applicant’s Agent raised points including:

·         The applicant has provided an acoustic report that confirms that standards will be met

·         Objectors must note that this application relates to a new stand alone premises - The extractor and ducting will be new system, whilst a lot of the residents concerns relate to the existing system at the next door premises.

In answer to the objectors points and Members questions The Development Control Manager made points including:

·         Merton’s Environmental Health Officers have considered the duct its height and are satisfied that it is appropriate in this location.

·         This application is only for the installation of a new extractor unit and ventilation duct. The majority of the objectors points are irrelevant to this application and the committee is not able to consider them as part of this application.

·         The premises has an existing A3 (and associated conditions) use class as a restaurant therefore hours of operation cannot be considered under this application as there is no request for a change of use.

·         There is no A5 takeout use for this premises – the applicant would need to make a separate application to get this. Issues of a takeaway business at 10-12 Leopold Road are not relevant

·         Issues relating to traffic and type of cooking are irrelevant to this application.

·         Issues related to noise from the outdoor are at the rear of the premises are not relevant, again because of the existing use of the premises as a restaurant. If the use of this area is not established by existing use and it starts, then this can be investigated.

Members asked further questions regarding the duct and its position and height. The Development Control Manager replied:

·         The duct could not be moved any further away from the windows of the habitable rooms as this would encroach on the neighbouring property

·         A condition could be added requiring the applicant to submit plans showing the duct in the higher position of 1m above the highest point of the building, and for these plans to be consulted on.

The addition of this additional condition was proposed, seconded and agreed by a vote.

RESOLVED

1. The Committee voted  to GRANT Planning Permission subject to the conditions in the Officer’s report

2. The Committee voted to add a condition such that, not withstanding the original application the applicant should provide plans to show the height of the duct at 1m above the highest point of the building.

3. The Director of Environment and Regeneration be given delegated authority to agree the detailed wording of the additional condition