Agenda item - BH2012/02173 - 39 Upper Gardner Street, Brighton - Full Planning Permission

Change of use from retail (A1) to café (A3) on lower ground, ground and first floors and retrospective change of use from café (A3) to office (B1) on second floor and replacement of ground floor sliding doors and fenestration above.

RECOMMENDATION – GRANT

Change of use from retail (A1) to café (A3) on lower ground, ground and first floors and retrospective change of use from café (A3) to office (B1) on second floor and replacement of ground floor sliding doors and fenestration above.

Presentation by Officer(s)

(1)                   The Area Planning Manager introduced this application and gave a presentation by reference to plans, photographs and drawings. It was also noted that the ‘Argus’ (a local newspaper) had incorrectly reported that Councillor West had objected to the scheme. The premises was a converted warehouse where the previous business had failed, and the principle of the loss of employment was already in place. The application proposed office space on the second floor, and a café on the ground and first floors with ancillary use in the basement, more appropriate traditional entrance doors would be installed at the front. The loss of the retail space was not contrary to policy and the site was not located within the regional shopping centre. The application gave more flexibility and was recommended for approval for the reasons set out in the report.

Questions for Officers, Debate and Decision Making Process

(2)                   It was confirmed for Councillor Robins that the application sought to align the hours of activity with the premises licence, and no vertical drinking was to be permitted at the premises.

(3)                   Councillor Jones expressed a concern about noise, and noted the premises had previously been a deli; Officers considered there were appropriate controls of noise in the licence.

(4)                   Councillor Davey stated that the use was inappropriate, and the previous business had failed due to the inappropriate location.

(5)                   A vote was taken and planning permission was granted on a vote of 8 in favour with 1 against.

192.8    RESOLVED – That the Committee has taken into consideration and agrees with the reason for the recommendation, and the policies and guidance set out in the report and resolves to GRANT planning permission subject to the Conditions and Informatives set out in the report.

              Note: Councillors Carden, Ken Norman and Carol Theobald were not present during the consideration and vote on this application.