Agenda item

To determine a full planning application from Punch Taverns for Formation of roof terrace / beer garden to section existing single storey flat roof to south east of property including timber frame covered seating area, external and covered external stair access and formation of new door opening to rear at ground floor level

The Committee considered a report from the planning officers in relation to a full planning application from Punch Taverns for formation of roof terrace/beer garden to section existing single storey flat roof to south east of property including timber frame covered seating area, external and covered external stair access and formation of new door opening to rear at ground floor level.

A planning officer presented details of the application with the aid of various maps, plans and photographs.

In accordance with the Committee’s Temporary Speaking Rights Scheme, Mrs Jennifer Adamson of Benton, View, Forest Hall had been granted permission to submit a written statement to the Committee which was read out. In the statement Mrs Adamson expressed her concerns regarding the visual impact of the proposed development in terms of the materials to be used and its visibility from Forest Hall shopping area and 109 Station Road. She did not consider that the proposed conditions restricting the use of the roof terrace would overcome the adverse noise impacts on neighbouring residents. There was already noise disturbance from the existing smoking area at the pub and neither the Council nor the publican had taken action to enforce the planning condition that the area should only be used until 9.00pm.

Mr Duanne Wilson of Laurel Avenue, Forest Hall had also been invited to submit a written statement but no response had been received to the invitation.

Mr Andrew Lorimer of Wakefields Chartered Building Surveyors had submitted a written statement in response to Mrs Adamson’s statement on behalf of the applicants, Punch Taverns. Mr Lorimer’s statement was read to the Committee in which he highlighted the positive aspects of the development including employment, financial viability and service to the locality. In the context of the Covid-19 outbreak the development of external space would be more important. The applicants were mindful of neighbouring residents and were committed to ensuring the proposed conditions were accepted and adhered to. The applicants considered the design of the terrace to be respectful of the existing streetscape and to enhance the existing structure of the pub.

Members of the Committee asked questions of officers and made comments. In doing so the Committee gave particular consideration to:

a)      the relevance of the current social distancing guidelines in determining planning applications. The Committee were advised that they should be guided by Paragraph 80 of the National Planning Policy Framework which states that significant weight should be placed on the need to support economic growth;

b)      the record of planning enforcement complaints received in relation to the operation of the smoking area at The Flying Scotsman which had included complaints received in 2015 and 2017;

c)      the powers available to the Council to enforce planning and licensing conditions;

d)      the provision of car parking at the site;

e)      the economic benefits of the proposed development; and

f)       the proposed design of the roof terrace.

The Committee also paid particular attention to the proposed condition restricting the use of the roof terrace after 9.00pm. The Committee considered an amendment to the condition so that the use of the roof terrace would be prohibited after 8.00pm. The proposed amendment was rejected by the Committee because they considered 9.00pm to be a reasonable limit to its operation and because the Council had a range of enforcement powers available to it should the condition be breached.

Resolved that the application be permitted subject to the conditions set out in the planning officers report.

(Reasons for decision: The Committee concluded that, having regard to the relevant policies contained in the Council’s Local Plan 2017 and National Planning Policy Framework, the proposed development was acceptable in terms of the principle of development and its impact on the amenity of neighbouring residents, the character and appearance of the surrounding area and highway safety.)