Agenda item

4            80-82 Wardour street london w1f otf

4.1       The application premises has frontages onto Wardour Street and Meard Street. The ground and basement floors are in use as a restaurant pursuant to permission granted in May 1995. A Condition on this permission restricted the use of doors on Meard Street to being used in the case of emergencies only. Permission is sought to enable the doors to be used as general access to the restaurant.

The key issue is the impact on the residential amenity of neighbouring occupiers.

With conditions controlling the hours of use of the doors and that they must be fitted with a self-closing mechanism and not be held open it is not considered the use of the doors by staff and customers would result in an unacceptable impact upon residential amenity in the vicinity. The application is therefore considered acceptable and recommended for approval.

4.2       Additional representations were received from 11 local residents, one former Westminster City Councillor, 3 current Westminster City Councillors. Late representations were received from 2 local residents and the Soho Society in objection.

4.3       The presenting officer tabled the following amendments to the conditions:

1 The development hereby permitted shall be carried out in accordance with the drawings and other documents listed on this decision letter, and any drawings approved subsequently by the City Council as local planning authority pursuant to any conditions on this decision letter.

Reason:

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

2 The doors from the unit onto Meard Street must be fitted with a self-closing device which must be retained and maintained in this form unless agreed otherwise in writing with the City Council as Local Planning Authority. You must not leave these doors open except in an emergency or to carry out maintenance.

Reason:

To protect neighbouring residents from noise nuisance, as set out in Policies 7, 16 and 33 of the City Plan 2019 - 2040 (April 2021). (R13ED)

The doors from the restaurant unit onto Meard Street can only be used for general purposes between the hours of 08:00 and 22:00. Outside these hours the doors can only be used in the case of an emergency.

Reason:

To protect neighbouring residents from noise nuisance, as set out in Policies 7, 16 and 33 of the City Plan 2019 - 2040 (April 2021). (R13ED)

Informative(s):

1 In dealing with this application the City Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our statutory policies in the City Plan 2019 - 2040 (April 2021), neighbourhood plan (where relevant), supplementary planning documents, the London Plan (March 2021), planning briefs and other informal written guidance, as well as offering a full pre application advice service, in order to ensure that applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant at the validation stage.

4.4       Councillor Paul Fisher in his capacity as Ward Councillor addressed the Sub-Committee to object to the application.

            Mr David Bieda addressed the Sub-Committee to object to the application.

            Mr Peter Schulz addressed the Sub-Committee to object to the application.

            Ms Marina Tempia representing the Soho Society addressed the Sub-Committee to object to the application.

RESOLVED (Grant: Councillor Pitt Ford; Refuse: Councillors Williams, Jude and Chowdhury)

That the Sub-Committee refused the application on the grounds that the noise escape from the open doors would be harmful to residential amenity.