Agenda item

Variation of Condition 2 (Opening Hours) of planning permission 05/00330/FUL to allow extended opening hours Monday to Thursday until 02:00am, Friday and Saturday until 03:00am and Sunday until midnight.

Prior to the Committee’s consideration of this agenda item, the Chair, Councillor Clive Woodbridge. The Vice-Chair, Councillor Phil Neale, subsequently assumed the role of Chair of the meeting.

Description:

Variation of Condition 2 (Opening Hours) of planning permission 05/00330/FUL to allow extended opening hours Monday to Thursday until 02:00am, Friday and Saturday until 03:00am and Sunday until midnight.

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Officer.

Public Speaking:

No members of the public spoke on the application.

Decision:

Following consideration, Councillor Neil Dallen proposed a motion that the application be refused for the following reason:

The proposed variation of condition 2 of planning permission 05/00330/FUL regarding the extension of opening hours would lead to increased disturbance to the occupants of nearby residential accommodation and on the wider character of the Epsom town centre, and lead to continued issues relating to anti-social behaviour. It would therefore be contrary to section 15 of the National Planning Policy Framework 2024, policy CS14 of the Core Strategy 2007, policy E6 of Plan E 2011, and policy DM9 of the Development Management Policies Document 2015.

The proposal was seconded by Councillor Humphrey Reynolds.

The Committee voted (3 for, 3 against, and the Chair exercising his casting vote against the proposal), and the motion was lost.

Following further consideration, Councillor James Lawrence proposed a motion that the Officer recommendation be agreed as set out in the report. The proposal was seconded by Councillor Robert Leach.

The Committee resolved (3 for, 3 against, and the Chair exercising his casting vote in favour of the proposal) to:

Grant planning permission, subject to the variation of Conditions 1 and 2 and addition of Condition 3 to the original permission (05/00330/FUL), as follows:

Conditions

(1)          Timescale

(deleted)

(2)          Opening Hours

The premises shall only be open for customers between the hours of 07:00 hours and 02:00 hours (on the following day) Monday to Thursday, 07:00 hours and 03:00 hours (on the following day) Friday and Saturday; and 07:00 hours and 00:00 hours on Sunday.

Reason:To enable the Local Planning Authority to assess the impact of the increase opening hours on the surrounding amenities and to ensure the development does not result in a permanent and unacceptable form of development, in accordance with the NPPF 2024 and Policy DM10 of the Development Management Policies Document 2025.

(3)          Temporary use

The trading hours in Condition 2 hereby permitted shall cease on or before two years from the date of this planning permission.

Reason: To allow the local planning authority an opportunity to assess the effect of the use hereby permitted on the amenities of the occupiers of the surrounding area in accordance with Section 15 of the National Planning Policy Framework 2024 and Policy DM10 of the Development Management Policies Document 2015.

Informatives

(1)          Variation to the Conditions

Condition 1 is amended as the original permission has been commenced. Condition 2 has been amended to reflect the changes sought in this application.

(2)          Positive and Proactive Discussion

In dealing with the application the 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 Core Strategy, Supplementary Planning Documents, Planning Briefs, and other information written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.