Agenda item

Use of the ground floor and basement as a flexible alternative use comprising retail (Class A1), restaurant (Class A3), drinking establishment (Class A4), assembly and leisure (Class D2), and live music venue (Sui Generis).

Additional representations were received from Rolfe Judd (09.11.2020) and the Covent Garden Community Association (18.11.2020).

A late representation was received from the Covent Garden Community Association (undated).

The presenting officer tabled the following additional informative and revisions to conditions 9, 10, 11, 12 and 15.

Informative – Use Class changes 2020/21

Changes to the Town and Country Planning (Use Classes) Order came into force on 1 September 2020 and create a new broad Class E group titled ‘Commercial, Business and Service’ (as well as other new groups). The uses contained within the new Class E include, retail shops, financial and professional services, restaurants, offices, medical uses, gyms and other indoor sport uses, creches and nurseries. It will not be development to change between these uses once this legislation is in force.

This application, which was submitted before 1 September 2020 and refers to the existing use classes at that time, is determined using the existing use classes at the time of submission rather than the new ones.

Revised Conditions

9. The Class A1, A3, A4, D2 and Live Music Venue (Sui Generis) use allowed by this permission must not begin until you have fitted self-closing doors at ground floor level. You must not leave these doors open except in an emergency or to carry out maintenance

10. Apart from the entrance to the Class A1, A3, A4, D2, Live Music Venue (Sui Generis) use annotated on the approved drawings, the ground floor windows shall be fixed permanently shut.

11. No live or recorded music shall be played in the Class A1, A3, A4, D2 or Live Music Venue (Sui Generis) use that is audible outside of the premises.

12. You must apply to us for approval of a management plan to show how you will prevent customers from causing nuisance for people in the area, including people who live in nearby buildings. You must not start either the Class A3, A4, D2 or Live Music Venue (Sui Generis) use until we have approved what you have sent us. You must then carry out the measures included in the management plan at all times that either the Class A3, A4, D2 or Live Music Venue (Sui Generis) is in use.

15. In the event that the premises is used for Class D2 purposes, you must use the premises only for a gym, yoga studio, or dance studio.

John Osborn addressed the Sub-Committee in support of the application.

Councillor Tim Mitchell spoke in his capacity as Ward Councillor and representing the views of the Covent Garden Community Association in objecting to the application.

RESOLVED UNANIMOUSLY:

That the application be deferred on the grounds that more information on the servicing requirements of the proposed uses be provided, the applicant demonstrates that they can be accommodated within the current hours of servicing for this development  and other servicing taking place in the courtyard and more information be provided on the servicing in the light of the objections raised by the Covent Garden Community Association  and comments made by a Ward Councillor.