Agenda item

Consideration was given to planning application 20/1244/COU  Change of Use from Retail to Drinking Establishment (sui generis), with outdoor beer garden and smoking shelter to front at 2 High Newham Road, Stockton-on-Tees, TS19 8RQ.

Planning permission was sought for the change of Use from Retail to Drinking Establishment (sui generis), with outdoor beer garden and smoking shelter to front at 2 High Newham Road, Stockton-on-Tees.

The application remained outstanding as a noise report was to be submitted. This had never been received and therefore it needed to be considered whether to refuse the application and take enforcement action or approve the application based on the information we had.

The application had been reviewed and following discussions with Environmental Health no noise complaints had been received post the pandemic and equally no further complaints had been received following the original consultation exercise.

Given these circumstances, it was considered that conditions could be applied to successfully control the development to ensure that the proposed development would not have an adverse impact on neighbouring properties.

The consultees that had been notified and the comments that had been received were detailed within the main report.

Neighbours were notified and the comments received were detailed within the main report.

The planning policies and material planning considerations that were relevant to the consideration of the application were contained within the main report.

The Planning Officers report concluded that the application be Approved with Conditions for the reasons as detailed within the report.

There were no Applicants, Agents or Members of the public in attendance at the meeting.

Members were given the opportunity to ask questions / make comments. These could be summarised as follows: -

- Since the original issues at the premises the Licensing Service had worked hard with the premises to establish licensing conditions. There had been a change of landlord with no further concerns. It was a small establishment and enjoyed by local residents.

- Clarity was sought that if the application site was ever to be extended then would another application need to be made?

- Concerns were raised in terms of the willingness of the current landlord to engage with local residents should there be any further concerns raised.

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows:

- An application would need to be submitted to the Council should the landlord request to extend the premises.

- There were a number of conditions to ensure there would be no adverse impact on neighbours. The Licensing Authority had also agreed to a licence with conditions.

A vote took place and the application was approved.

RESOLVED that planning application 20/1244/COU be approved subject to the following conditions and informatives:

01 Approved Plans

The development hereby approved shall be in accordance with the following approved plan(s);

Plan Reference Number                                         Date Received

SBC0001 A                                                               20 November 2020

SBC0002                                                                   20 November 2020

02 Opening hours

The drinking establishment (Sui-Generis Use Class) hereby permitted shall not be open for business outside the hours of 11:00 to 23:00, 7 days a week, all staff shall vacate the premises by 23:30

03 Outside Seating Area

The associated outside seating area as shown on plan ref SBC002 as received by the Local Planning Authority 20 November 2020 shall be vacated by patrons by 20:00

04 Noise

There shall be no amplified sound or live music on the premises at any time and noise levels shall not exceed background levels. There shall be no music played outside.

05 Fixed Plant

The rating level of sound emitted from [any fixed plant and/or machinery associated with the development] [industrial activities at the use hereby approved] shall not exceed background sound levels by more than 5dB (A) between the hours of 0700-2300 (taken as a 1 hour LA90 at the nearest sound sensitive premises) and shall not exceed the background sound level between 2300-0700 (taken as a 15 minute LA90 at the nearest sound sensitive premises). All measurements shall be made in accordance with the methodology of BS4142: 2014 (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments.

Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property.

Any deviations from the LA90 time interval stipulated above shall be agreed in writing with the Local Planning Authority.

06 Smoking Shelter

Notwithstanding the submitted plans, prior to installation of any smoking shelter, full details should be submitted and approved in writing by the local planning authority.

Reason: In the interests of the visual amenities of the area and the amenity of occupants of residential properties in the locality.

INFORMATIVE OF REASON FOR PLANNING APPROVAL

Informative: Working Practices

The Local Planning Authority has worked in a positive and proactive manner and sought solutions to problems arising in dealing with the planning application by gaining additional information required to assess the scheme and by the identification and imposition of appropriate planning conditions.