Agenda item

Mr Thackeray addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/10/1742/FP, planning permission be refused for the reasons now detailed.

Councillor R Gilbert stated that he did not feel that the reason for refusal was valid as the number of retail units would remain the same.  He emphasised that this was a large unit that had been divided to facilitate a retail unit and a café or restaurant.  He commented that this would create more vitality in North Street.

Councillor J Demonti stressed that although she would like the unit to remain in retail use, she would prefer to see the unit in use rather than remaining empty.

Councillor K A Barnes expressed concerns in relation to the parking situation in North Street in the evenings, as this was getting worse by the day.  He commented that there were free car parks in the town in the evenings after a certain time but people seemed unwilling to get out of their cars and walk.

The Director confirmed that this was primary shopping frontage and the policy position was very clear in that a change of use from A1 retail to A3 restaurant should not be permitted.  The Committee was advised that this policy sought to maintain an appropriate number of retail units and Members must consider the mix of uses in the overall town centre.

Councillor D A A Peek sought and was given clarification as to whether approving this application would weaken the Council’s policy position on similar applications in future.

Councillor Mrs M H Goldspink proposed and Councillor A L Burlton seconded a motion that application 3/10/1742/FP be granted on the grounds that the application would enhance the vitality and viability of the town centre.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

The Committee rejected the recommendation of the Director of Neighbourhood Services that application 3/10/1742/FP be refused planning permission for the reasons now detailed.

RESOLVED – that in respect of application 3/10/1742/FP, planning permission be granted subject to the following conditions:

1.            Three Year Time Limit (1T12)

2.            Approved Plans (2E102) FM1, 184/00-10 A, 184/00-11 A, 184/00-12 C, 184/00-13 B, 184/00-20 A, 184/00-21 A, 184/00-22 A, 184/00-23 D, 184/00-30 A, 184/00-31 A

3.            Materials of construction (2E11)

4.            External Timber Work (2E16) – delete ‘development’ and replace with ‘shopfront’.

        Reason: In the interests of the appearance of the development, and in accordance with policy BH14 of the East Herts Local Plan Second Review April 2007.

5.            Prior to the commencement of the use hereby permitted a scheme for the ventilation of the premises, including the extraction and filtration of cooking fumes shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be carried out prior to the commencement of the use hereby permitted.

        Reason: In the interests of the appearance of the building and the amenities of nearby occupiers in accordance with policy ENV1 of the East Herts Local Plan Second Review April 2007.

Directives:

1.            Other Legislation (01OL)

2.            You are advised that advertisement consent is required for the proposed signage that has neither been sought nor granted.

Summary of Reasons for Decision

The proposal has been considered with regard to the policies of the Development Plan (East of England Plan May 2008, Hertfordshire County Structure Plan, Minerals Local Plan, Waste Local Plan and the ‘saved’ policies of the East Herts Local Plan Second Review April 2007), and in particular policies STC2, ENV1 and BH14.  The balance of the considerations, having regard to these policies; the large size of the unit and its sub-division thus enabling some element of retail use to be retained in the shopping frontage, is that planning permission should be granted.