schedule of planning applications

development proposals should be compatible with or improve their surrounding in
terms of, inter alia, visual impact and relationship to nearby properties.
The advice from the Council’s Senior Public Health Officer in connection with
application 12/0883 was that as there is the potential for increased noise and
disturbance to local residents, no music or entertainment should take place on the
outside decked area. While the way in which the premises are used might result in
noise nuisance complaints, it is appropriate to deal with this using other legislative
powers, such as the Environmental Protection Act 1990 and the Licensing Act 2003.
Opening the premises for business at 11.00 rather than 12.00 noon has not
appeared to have caused any reported issues. Closing at 24.00 has resulted in
complaints and objections to this application but these appear to mainly relate to
playing of music and noise from the outside decked seating area. The officer
recommendation in respect of application 12/0883 supported the alteration of the
opening hours, Monday-Saturday from 11.00 to 24.00, 11.00 to 23.00 Sundays, Bank
Holidays and other public holidays this support was on the basis that other conditions
would prohibit/restrict the playing of music and restrict the service of food or drink
outside the building, including on the decked area. The Committee resolved that the
opening times should be restricted to 11:00 - 23:00 and noise and activity could be
adequately controlled by the conditions (1, 3 and 7) outlined above.
It therefore remains the officer's view that having regard to the other restrictions
imposed by conditions attached to application 12/0883/FUL and the controls
exercised under the licensing restrictions, an appropriate level of control would exist
to ensure that the extension of hours to midnight on Fridays and Saturdays would not
significantly impact on the amenities of nearby properties. As consent ref 12/0883
has not been implemented this current application constitutes a stand alone consent
and all the other conditions attached to the consent ref 12/0883 therefore need to be
added to the current application.
On this basis the proposal is considered acceptable and complies with the NPPF,
Policies DES2 and DES8 of the EDLP and Policy PC3 of the emerging Christchurch
and East Dorset Core Strategy.
Conclusion
The principle of a restaurant in this location has already been established. The
NPPF promotes economic growth in rural areas, in order to create jobs and
prosperity and supports sustainable rural tourism and leisure developments which
benefit rural areas, providing they respect the character of the countryside. It is
necessary to ensure that there is a good standard of amenity for all existing and
future occupants. It is considered that this can be achieved by the existing planning
conditions and reinforced using other legislation, if noise, odour or lighting becomes a
statutory nuisance. The proposal complies with the NPPF, saved policies in the
EDLP and policies in the emerging Core Strategy.
The application is recommended for approval.
Recommendation:
GRANT – SUBJECT TO THE FOLLOWING CONDITION(S):-
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