Proposal:  Change of use of first floor from offices (Class A2) to restaurant (Class A3) and ground floor restaurant (Class A3) to Bar/Restaurant (Mixed use Class A3/A4), erect single storey extension and external staircase at rear, install replacement shopfront at ground floor, alter existing extraction duct and alter elevations

Applicant:  Mr A. Artemi, The Vine

Agent:  Mr A. Merry, Design Associates

Planning permission REFUSED for the following reasons:

01  The Council has received a number of noise complaints in relation to the current use of the premises and the applicant has failed to provide satisfactory evidence to demonstrate that the proposed development (including the existing ground floor bar/restaurant) would not give rise to further undue noise and disturbance to neighbouring occupiers, to the detriment of the amenities thereof. The proposal is therefore unacceptable and contrary to the National Planning Policy Framework; DPD1 (Core Strategy) Policies KP2 and CP4; Development Management Document Policy DM1, and the Design and Townscape Guide SPD1.

02  The existing extract and ventilation system, by reason of the enlarged kitchen and increased number of covers would be inadequately to prevent the spread of noise and odours. This would be detrimental to the amenities of local residents and the environmental quality of the local area, contrary to the National Planning Policy Framework; DPD1 (Core Strategy) Policies KP2 and CP4; Development Management Document Policy DM1, and the Design and Townscape Guide SPD1.

03  The proposed development by virtue of the increased parking demand would exacerbate existing on-street parking stress, to the detriment of highway safety and efficiency, contrary to the National Planning Policy Framework; DPD1 (Core Strategy) Policies KP2, CP4, CP3; Policy DM15 of the Development Management Document, the Design and Townscape Guide SPD1.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern with the proposal and determining the application within a timely manner, clearly setting out the reason(s) for refusal, allowing the Applicant the opportunity to consider the harm caused and whether or not it can be remedied by a revision to the proposal.  The detailed analysis is set out in a report prepared by officers. In the circumstances the proposal is not considered to be sustainable development. The Local Planning Authority is willing to discuss the best course of action and is also willing to provide pre-application advice in respect of any future application for a revised development, should the applicant wish to exercise this option in accordance with the Council's pre-application advice service.

Informatives

01. Please note that this application would be liable for a payment under the Community Infrastructure Levy Regulations 2010 (as amended) if planning permission had been granted. Therefore if an appeal is lodged and subsequently allowed, the CIL liability will be applied. Any revised application would also be CIL liable.

2.  The applicant is reminded that this permission does not bestow compliance with the Food Safety and Hygiene (England) Regulations 2013 or any other provision so enacted, such as those located within the Food Safety Act 1990. Applicants should contact the Council’s Environmental Health Officer for more advice on 01702 215005 or at Regulatory Services Department, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ZG.

3. For further guidance on the control of odour and noise from ventilation systems you are advised to have regard to – Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems published by DEFRA. This can be downloaded free from www.DEFRA.gov.uk