DEVELOPMENT MANAGEMENT COMMITTEE. 23 August 2011

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2 DEVELOPMENT MANAGEMENT COMMITTEE Agenda item August 2011 APPLICATION NUMBER : CA//11/00883/VAR PROPOSAL : Variation of conditions 02 (drawings numbers); alterations in respect of internal layout and 08 (hours of opening) of planning permission CA/09/01385/FUL to allow the hours of operation between the hours of 7.30 am to pm Sundays to Thursdays and 7.30 am to Midnight Fridays and Saturdays. LOCATION OF SITE : 1-2 Sun Street, Guildhall Street, Canterbury, CT1 2JQ APPLICATION TYPE : VARIATION OR DELETION OF CONDITION(S) DATE REGISTERED : 21 June 2011 GOVERNMENT PERFORMANCE TARGET DATE : 16 August 2011 CONTACT OFFICER : Ruth Tittensor CONSERVATION AREA : CANTERBURY CITY No.1 - AMENDED LISTED BUILDING : GRADE 2 WARD : WESTGATE APPLICANT : Mr A Barrett AGENT : Swankie Interiors SUMMARY: The application submitted proposes to vary two planning conditions. Condition 02 relates to the approved drawings as works carried out are not in accordance with these plans, having been varied with the agreement of the Council's Conservation Officer; the alterations are mainly internal and are not the subject of local residents' concerns. Condition 08 relates to the opening hours of this mixed use unit and the applicant wishes to extend the opening hours to accord with the licence application recently given. The planning permission limits opening until pm, the licence allows opening until pm Sundays to Thursdays and midnight on Fridays and Saturdays The application has been reported to the Development Management Committee due to the level of public interest in the application. The concerns expressed relate to the extended opening hours and associated late night noise and disturbance. RECOMMENDATION: Grant; Subject to revised conditions relating to drawings and opening hours.

3 SITE DESCRIPTION The property is located on the corner of Guildhall Street and Sun Street in the centre of Canterbury. The building is the former Deakins store and has recently been renovated and is now in mixed use retail, restaurant/café. The building is surrounded by a mixture of retail units, restaurants, cafes, public houses and residential properties. PROPOSED DEVELOPMENT The application submitted seeks to substitute replacement drawings for the approved drawings to take account of internal alterations undertaken that do not accord with the approved plans and to vary the opening hours to allow hours of operation between the hours of 7.30 am to pm Sundays to Thursdays and 7.30 am to Midnight Fridays and Saturdays. The variation in hours sought therefore amounts to opening half an hour earlier in the mornings and closing half an hour later on Sundays to Thursdays and one hour later on Fridays and Saturdays. PLANNING HISTORY The site has a lengthy planning history dating back to the 1970's including applications for new shopfronts, alterations to existing shopfronts and replacement signage. The following applications are considered relevant at this time: Application Ref: CA//09/01385 Validated: 11/09/2009 Type: FULL APPLICATION Status: Decided Date: 19/02/2010 Description: Change of use from retail (Use Class A1) to mixed use retail (Use Class A1) and restaurant/cafe (Use Class A3), replacement shopfronts to 2 Sun Street and 17/18 Guildhall Street and the installation of awnings. Application Ref: CA//09/01386 Validated: 11/09/2009 Type: LISTED BUILDING CONSENT Status: Decided Date: 19/02/2010 Description: Internal and external alterations associated with the proposed change of use to mixed use retail and restaurant/cafe. Application Ref: CA//08/00801 Validated: 30/06/2008 Type: FULL APPLICATION Status: Decided Date: 06/11/2008 floors to provide three residential units with external alterations and glazed lantern to roof. (Revised scheme). Application Ref: CAL/08/00065 Validated: 30/06/2008 Type: LISTED BUILDING CONSENT Status: Decided Date: 06/11/2008 floors to provide three residential units with external alterations and glazed lantern to roof. (Revised scheme).

4 Application Ref: CA//07/01518 Validated: 29/10/2007 Type: FULL APPLICATION Status: Decided Date: 21/12/2007 Summary: Refused floors to provide four residential units with external alterations and glazed lantern to roof. Application Ref: CAL/07/00149 Validated: 29/10/2007 Type: LISTED BUILDING CONSENT Status: Decided Date: 21/12/2007 Summary: Refused floors to provide four residential units with external alterations and glazed lantern to roof. Application CA/09/01385/FUL, the permission implemented states in condition 08, "The mixed use permitted shall not be operated between the hours of 11p.m. and 8 a.m." THE APPLICANT'S CASE The application submitted seeks to address variations from the approved plans that have been carried out on site in discussion with the Council's Conservation Section and to vary the opening hours to accord with the hours granted by the licensing committee. The La Trappiste s sole intention is to provide a service as its original definition as a café/ delicatessen restaurant and the revised opening hours requested are appropriate to a reasonable restaurant service being defined as pm closing Sunday to Thursday midnight Friday and Saturday. These hours are for the benefit of diners and in no way constitute to be used or intended as a late night drinking establishment. The proprietor has no intention to operate a late night drinking establishment and merely wishes to offer a cultural welcoming establishment to visitors in keeping with the City of Canterbury. La Trappiste's staff and management are aware of consideration to the residents and surrounding establishments. The customers are encouraged to respect our City and its inhabitants. The balcony/terrace overlooks Guildhall Street which is occupied by commercial premises only with no residential occupation. The first-floor terraced area is of minimal square footage and is functional as an area of the restaurant allowing diners to enjoy al fresco dining during clement weather conditions. It is used in conjunction with the normal restaurant hours closing pm Sunday through to Thursday/12.00 midnight Friday and Saturday. This allows diners that have occupied the outdoor space, to finish their evening meal and enjoy after diner coffee at the dining table. Canterbury is a city that attracts and benefits from visitors of all nationalities and La Trappiste wishes to welcome and provide a service to be enjoyed by visitors and residents adding to the renowned cultural benefits. PLANNING POLICIES The application site is located within the Canterbury City Conservation Area, within the City centre, retail core and an Area of Archaeological Importance. The buildings themselves are Grade II listed.

5 South East Plan: SP1: Strategic Policy: supports development of regional hubs, one of which is Canterbury, sets criteria for support; e.g. priority for public transport, high density development, focus on accessible locations. N.B. Canterbury is an important centre for culture, history & tourism and a tourism hot spot. SP3: Strategic Policy: prime focus for development should be urban areas with access to employment, housing, retail etc avoiding unnecessary travel: LPA to formulate appropriate policies. BE1: Urban renaissance: strategy to enhance quality of life, inc. infrastructure planning. Promote design solutions relevant to specific context; build on local character/distinctiveness. Sensitive re-use of redundant/under-used buildings. Appropriateness of higher density & mixed use developments. BE6: Management of the historic environment: protect/conserve/enhance heritage assets and their contribution to local/regional distinctiveness; appropriate regeneration of redundant or under used buildings to be encouraged. TC2: Development and redevelopment of town centres: plans and strategies approach to support town centres, viability and vitality, safeguard environment & character, promote new investment and sustainability. Canterbury District Local Plan First Review: TC1 - Within town centres development adds to the vitality and viability of the centre. TC5 - Retention of strong retail cores and resist the loss of existing retail uses. TC10 - Acceptability of night-time/evening activity proposals subject to criteria to safeguard amenity. BE1 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. BE5 - Preservation of listed & locally listed buildings and their settings. BE6 - Extensions to listed building to preserve special character. BE7 - Conservation Areas and their settings to be preserved or enhanced: specific criteria for consideration. Supplementary Planning Documents/Guidance: In October 2007 Canterbury City Council formally adopted a Supplementary Planning Document (SPD), Heritage, Archaeology and Conservation to amplify the policies set out in the Local Plan and provide detailed advice on heritage, archaeology, conservation and design in the built environment. WRITTEN REPRESENTATIONS Eight letters of representation have been received from the occupiers of five nearby residential properties in Sun Street. The letters raise the following points:- The extended opening hours will represent a shift away from the mixed use permission given in 2009 and towards a restaurant and bar. The existing hours are consistent with other restaurants nearby. Extended hours will lead to an increase in anti-social behaviour and increase in late night noise and disturbance from customers leaving the premises, staff clearing up after the premises has closed and vehicles arriving to collect staff/customers. The use of the building for a mix of retail and restaurant/cafe is acceptable but the use must be properly managed and the licensing hours and conditions must not be ignored. Building work/repairs have been carried out after hours causing disturbance. Music is played, including a piano, late into the evening with windows and doors left open causing nuisance to nearby residents.

6 A condition should be imposed to ensure that the windows are kept closed to reduce the disturbance caused. TECHNICAL CONSULTATIONS CCC - Environmental Protection - Commented on the application as originally submitted and raised the following points: The variation represents a large extension in opening hours, especially on Friday and Saturday nights. The site is in a mixed commercial and residential area and there are flats immediately opposite the building. There is the potential for noise disturbance to be caused to these residents if the variation were to be granted, by patrons inside the premises but also as people come and go from the building. The premises also has an external terrace area that could cause further noise disturbance. By extending the opening hours concerns are expressed that the premises is in essence seeking to be a late night drinking establishment and not the cafe/delicatessen/restaurant. The applicant reduced the opening hours in accordance with the licence granted and the following comments were provided: The reduction in opening hours, in accordance with the Premises Licence, is acceptable. The Licence requires the roof terrace to close at 9.30 pm. DRAINAGE CONSIDERATIONS Not relevant. DISCUSSION The application relates to the variation of two planning conditions. No concerns or objections have been raised regarding the deviation from the approved plans which relate mainly to internal alterations therefore this report will focus on the variation of condition 08, the opening hours. The alterations to the building have been carefully undertaken to take account of the fact the building is Grade II listed and in consultation with the Council's Conservation Officer, there is therefore no objection to the variation of condition 02. The application initially requested the condition be varied to allow opening between 7.30 am to Midnight Sundays to Thursdays and 7.00 am to 1.30 am Fridays and Saturday. It was considered that these extended hours would not reflect the permitted use of the building, as a mixed use of retail (Use Class A1) and restaurant/cafe (Use Class A3). The Council's Environmental Protection Officer objected to these hours of opening. The applicant amended the hours once the outcome of the licensing hearing was known. The hours now sought are opening between 7.30 am to pm Sundays to Thursdays and 7.30 am to Midnight Fridays and Saturdays. It is considered that these opening hours would be similar to other restaurants in the City and would not be incompatible with the adjoining residential units. The recent nuisance caused to nearby residents has been noted, however, this cannot be controlled through planning legislation. The local planning authority cannot prevent a piano being played in the building for example. An application to vary a planning condition does not allow for additional conditions to be imposed only for the condition to be altered unless there is some material change in circumstances, which in this case it would be difficult to argue. Given the central location and the immediate past history of the site it would not be reasonable to seek to impose additional conditions to restrict live music or keep windows closed; these matters may be better controlled through a Premises Licence and through Environmental Protection if a nuisance is caused.

7 It is open to residents to request a review of the licence in view of complaints about noise emanating from the premises. Such a review may require additional conditions to be imposed to prevent public nuisance. In conclusion, it is considered that the extended opening hours are acceptable and that additional conditions cannot reasonably be imposed to control the use further. It is recommended that the application be granted planning permission.