Agenda item

The Committee considered the Chief Planner’s report on the following planning application:

Oral representations in objection to the application were received at the meeting.  Members were informed that the proposed cinema would have a 254 seat capacity.

Comments from the architects in support of the application were circulated to Members.

Mr Tony Stewart, Development Control Manager, informed Members that numerous objections to the application had been received concerning the loss of the public house together with suggestions that the cinema be located elsewhere.  Mr Stewart stipulated that the Local Authority must consider the application from a planning point of view only (primarily whether the use is an appropriate one for the site) and could not take into account style of management or alternative locations for the cinema.

It was reported that further letters in objection to and in support of the application had been received.

The applicant had agreed to the hours of operation set out in the report.

Mr Stewart informed Members that concerns relating to the intensification of the site and forecourt parking could be dealt with by conditions.  A 'Secure By Design' condition had also been recommended.

Councillor Fookes commented that the report contained no information about parking in the surrounding area and questioned whether a bar facility would be provided.  In light of the above, Councillor Fookes proposed that the application be deferred to consider the issues further.

Several Members voiced their concern with regard to on site parking, in particular the inadequacy of disabled parking where only one space would be made available.  Councillor Fawthrop seconded the proposal for deferral to consider the parking issue further.

Other Members referred to the excellent public transport facilities available and had no objection to the application.  Councillor Joel proposed permission of the application.  This was seconded by Councillor Mrs Manning who was pleased to note that the former car showroom building would be in use again.

Members having considered the report, objections and representations, voted on the motion to defer the application.  The motion fell at 4-11 against.

Members then voted on the motion to permit the application and RESOLVED that PERMISSION BE GRANTED (10-3 in favour) as recommended, subject to the following conditions:-

1.  The development to which this permission relates must be begun not later than the expiration of 3 years, beginning with the date of this decision notice.

REASON: Section 91, Town and Country Planning Act 1990.

2.  Before any part of the development hereby permitted is first occupied, bicycle parking (including covered storage facilities where appropriate) shall be provided at the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority, and the bicycle parking/storage facilities shall be permanently retained thereafter.

REASON: In order to comply with Policy T7 and Appendix II.7 of the Unitary Development Plan and in order to provide adequate bicycle parking facilities at the site in the interest of reducing reliance on private car transport.

3.  The existing access shall be stopped up at the back edge of the highway before any part of the development hereby permitted is first occupied in accordance with details of an enclosure to be submitted to and approved in writing by the Local Planning Authority.  The approved enclosure shall be permanently retained as such.

REASON: In order to comply with Policy T11 of the Unitary Development Plan and in the interest of pedestrian and vehicular safety.

4.  The use shall not operate before 09.00 am and after 11.30 pm on any Sunday to Thursday or any Bank Holiday, nor before 9.30 am and after 11.30 pm on any Friday to Saturday.

REASON: In the interests of residential amenities.

5.  The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans approved under this planning permission and there shall be no subsequent changes to the external elevations or internal layout of the building without the prior written approval of the Local Planning Authority.

REASON:  In order to comply with Policy BE1 of the Unitary Development Plan and in the interest of the amenities of surrounding residential properties and the character and appearance of the area.

6.  The premises shall be used as a 2 screen cinema and ancillary café bar only and for no other purpose without the prior written approval of the Local Planning Authority.

REASON: In the interest of the amenities of nearby residential property.

7.  Details of the soundproofing measures within the building to achieve a reasonable resistance to airborne sound shall be implemented before the use hereby permitted commences in accordance with details to be submitted to and approved in writing by the Local Planning Authority, and shall be permanently retained thereafter.

REASON: In order to comply with Policy BE1 of the Unitary Development Plan and to ensure a satisfactory standard of amenity for adjacent properties. 

8.  Details of the forecourt layout to include 2 (possibly 3), disabled parking spaces and the location and layout of the motorcycle parking shall be submitted to and approved by the Local Planning Authority and the forecourt shall be arranged in accordance with the approved details before commencement of the development hereby approved and thereafter shall be kept available for such use.

REASON: In order to comply with Policy T3 and T18 of the Unitary Development Plan and to avoid development without adequate parking provision, which is likely to lead to parking inconvenient to other road users and would be detrimental to amenities and prejudicial to road safety.