Agenda item

Report of the Interim Head of Planning and Economic Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.

The Panel considered the report of the Head of Planning and Economic Development recommending that conditional planning permission be granted in respect of an application for a proposed development at the above address.

Change of use to Sui Generis (Drinking establishment). Erection of decking and balustrading to the front and lean to side extension (Retrospective)

Greg Clerk (local residents objecting), Attal Mihanpoor (applicant) and Councillor Shields (ward councillors/objecting) were present and with the consent of the Chair, addressed the meeting.  In addition, the Panel acknowledged the submission of Statements from both Martyn Biffin and Cevin Vibert and noted that this had been posted online.

The presenting officer reported further consultation responses from Hampshire Constabulary, City Council Licensing and Environmental Health departments had been received and that as a result a further condition: to remove the picnic tables located on the area of land on the applicant’s land and the Lumsden Road pavement would be required as set out below. 

The Panel expressed concern over the potential of outdoor noise and queried whether the restriction on outdoor noise sources included the lean-to extension. Officers confirmed that it did, however for completeness Condition 5 has been updated as below

In addition, the Panel discussed the need for the property to have a boundary treatment condition that would restrict access to the bar from Lumsden Avenue.  Upon being put to the vote the Panel unanimously agreed to delegate to officers to agree a satisfactory boundary treatment that would restrict access and prevent potential public order issues by spilling onto the public highway, as set out below.   

The Panel then considered the recommendation with the amended and additional conditions to grant planning permission. Upon being put to the vote the recommendation was carried unanimously.

RESOLVED that planning permission be approved subject to the conditions set out within the report and any additional or amended conditions set out below:

5. NO SOUND AMPLIFICATION SYSTEMS

No sound amplification systems that is audible from outside the building (including the lean to extension) shall be operated unless a noise assessment has been submitted to and approved by the Local Planning Authority, and any noise mitigation measures required have been installed in accordance with the approved details.  Any such mitigation shall be installed within a timeframe first agreed by the Local Planning Authority and retained thereafter for the lifetime of the development

REASON: To ensure the amenities of nearby residents and businesses are not harmed.

6. REMOVAL OF PICNIC TABLES AND ADDITION BOUNDARY TREATMENT – Additional Submissions Required

Within one month from the date of this consent the picnic tables located on the applicant’s land between the pavement of Lumsden Avenue and the side shelter hereby approved shall be removed from the site in accordance with amended plan ref ‘Rios – Rev B’ received 01/11/2021. The applicant’s land between the pavement of Lumsden Avenue and the side shelter hereby approved shall, thereafter, be kept free from seating for the lifetime of the development.

Furthermore, details of a new boundary treatment to the back of Lumsden Avenue pavement shall be submitted in writing to the Local Planning Authority within one month from the date of this decision notice. The submission shall include details of design, materials, height, landscaping and construction.  Once approved in writing by the Local Planning Authority the new boundary treatment shall be installed within one month of that approval and shall thereafter be retained in accordance with approved details.  Once approved no additional fencing shall be erected.

REASON: In the interests of visual amenity, neighbour amenity and preventing anti-social behaviour; whilst limiting the ability for noise and disturbance arising and spilling onto the public highway by users of the open land between the building and Lumsden Avenue itself.