Agenda item

4/02514/16/FUL - CHANGE OF USE FROM SHOP (A1) TO MIXED SHOP/DRINKING ESTABLISHMENT (A1/A4) USE - 104 HIGH STREET, BERKHAMSTED, HP4 2BL

Minutes:

Councillor Matthews declared a personal interest as the objectors were known to him. He retired to the public area and did not take part in the discussion or voting of this item.

J Seed introduced the report to members and it has been referred to the committee as it is a re-submission of a proposal previously refused by the committee.

Members were concerned about the class of the shop. S Whelan advised that was an enforcement issue, not a planning consideration for tonight.

Councillor Ritchie asked what had changed since the last refusal. J Seed said the shop had put in an acoustic wall and there are currently discussions with the applicants about solving the disabled access problems.

Greg Blessen and Tim Hickford spoke in support of the application.

Councillor Imarni arrived at 8.10pm and took no part in the discussion and voting of this item.

It was proposed by Councillor Guest but fell to a lack of a seconder.

There were further discussions amongst the committee and the recommendation was seconded by Councillor Tindall.

Vote

For: 5               Against: 3                    Abstained: 2

Resolved

That planning permission be GRANTED subject to the following conditions:

1

The development hereby permitted shall be carried out in accordance with the following approved plans/documents:

 

Location Plan

Application Form

Ground Floor

First Floor

 

Reason: For the avoidance of doubt and in the interests of proper planning.

 

2

Within three months of the date of this decision, a Disabled Access Statement (DAS), prepared by a registered access officer, will be submitted to the Local Planning Authority. Once approved, the recommendations contained within the DAS will be implemented within three months of approval and provided for the lifetime of the development.

 

Reason: To ensure that disabled access arrangements are provided in accordance with Policy CS12 of the Core Strategy and Saved Policy 63 of the Dacorum Borough Local Plan.

 

3

The premises shall only be open to customers and / or other patrons between the following hours:

 

Mon - Thurs: 12:00 - 21:00

Fri: 12:00 - 21:30

Sat: 10:00 - 21:30

Sun, Bank and Public Holidays: 11:00 - 18:00

 

Reason: To protect the residential amenity of neighbouring occupants in accordance with Policy CS12 of the Core Strategy.

           

 

ARTICLE 35 STATEMENT

Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant at the pre-application stage and during the determination process which lead to improvements to the scheme. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2015.  

 

INFORMATIVE

 

The applicant is advised that the awning which is affixed to the side of the proposal site does not benefit from planning permission and as such, you are advised to address this matter urgently, either by removing the awning and all associated fixtures and fittings and making good any resultant damage, or by submitting an application to the Planning Authority for its retention.

 

 

Supporting documents: