Application Number:16/P3406                  Ward: Trinity

Recommendation: Grant temporary planning permission for a period of one year subject to

Proposal: Removal of condition 2 (restricting use of part of rear curtilage to staff parking only) attached to application 92/P0654 relating to the change of use of ground floor from shop to restaurant. Removal of condition 2 sought in order to allow use of rear curtilage as an external dining area in association with the existing ground floor A3 restaurant use. 

The Committee noted the officer’s report and presentation, additional information in the Supplementary agenda, verbal presentations from three objectors  the agent for the application, and ward Councillor Charlie Chirico

The Objectors raised residents’ concerns including:

·         The acoustic survey is based on adults speaking and does not take into account laughing, or the voices of children

·         Application has been refused previously and position of neighbours has not changed

·         How will the restaurant be able to enforce all conditions placed on it, especially with regard to keeping the doors closed when these will be in constant use

The Agent to the application asked the committee to note points including:

·         Unlike the previous applications, a full acoustic assessment had been undertaken

·         an acoustic screen was proposed around the dining area

·         Conditions had been agreed with officers, including  a limit on numbers of diners, no music, no cooking, details of hard surfaces, control of lighting, doors to be kept closed, no bar

·         The applicants wanted to focus on dining not drinking

Councillor Chirico made points including:

·         Application was unacceptable for Wimbledon Broadway

·         The noise produced by such a dining area would be unpredictable

·         The acoustic screen had no roof

·         The doors could not be kept closed

·         There were no details of how the applicant would enforce the conditions

In response to Member Questions, the Planning Officer replied:

·         The retention of parking space cannot be justified  as there is no vehicular access, despite the photo showing a scooter parked there

·         No other licensed premises in that section of the Broadway have an outside area.

• There is a residential flat on the 2^nd floor of the property and on the first floor of the adjoining commercial unit with an outside amenity space in close proximity to the yard

A motion to refuse the application was proposed and seconded by members.

The reason for the refusal was that the proximity of the garden to residential properties in the area would have an unacceptable adverse impact on the living conditions of neighbouring residents, due to increased noise and disturbance contrary to Council Policies.

RESOLVED

The Committee agreed to:

1.    REFUSE the application for the following reason:

The variation of Condition 2 of planning permission 92/P0654 dated 01/09/1992 to allow outside customer seating for a temporary trial period of one year, by reason of the proximity of the garden to residential properties in the area would have an unacceptable adverse impact on the living conditions of neighbouring residents, due to increased noise and disturbance and would be contrary to Adopted Merton Unitary Development Plan (October 2003) policies BE15, BE23 and SE8.

2.    DELEGATE to the Director of Environment & Regeneration the authority to make any appropriate amendments in the context of the above to the wording of the grounds of refusal including references to appropriate policies