Minutes:
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8.1 |
The Director of Development Services submitted a report on his investigation into complaints received concerning a breach of planning control, in respect of the unauthorised erection of an external fume extraction flue and externally mounted plant at 255 Glossop Road. The report stated that the premises, which were used as a restaurant, had recently changed from being an Italian to a Chinese Restaurant and due to the type of cooking now being carried out, it required different extraction equipment to be used. It was explained that the new flue, which had been erected without planning permission and listed building consent, was considered unacceptable due its impact on the Grade II listed building and the streetscene. It was also considered that the external mounted plant was visually prominent and out of character with the building. With regard to the noise ffom the new flue, it was further explained this was being assessed by the Environmental Protection Service to establish if a Noise Abatement Notice would be required. |
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8.2 |
In proposing enforcement action, it was indicated that officers were working with the restaurant operators to seek an acceptable solution to help the business, although this had to be balanced against the wider environmental concerns. |
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8.3 |
The Committee heard representations from a resident on behalf of residents living on Gell Street and in Westminster Chambers who expressed strong concerns over the noise disturbance being experienced by families, particularly children, who live nearby and in respect of the cooking odours from the restaurant which had taken place over a period of two months. It was asked that urgent action be taken to assist residents, with a request that consideration be given to a Stop Notice being issued to the owners of the business. In response, it was stated that the statutory Enforcement Notice had to be served in respect of the removal of the flue and the other externally mounted equipment. It was further explained that, whilst a Stop Notice could not be served in respect of the noise and odour problems, measures would be sought through the Environmental Protection Service to address these problems. |
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8.4 |
RESOLVED: That the Director of Development Services or Head of Planning be authorised to take all necessary steps including, if necessary, enforcement action and the institution of legal proceedings to secure the removal of the unauthorised fume extraction apparatus and other unauthorised externally mounted plant at 255 Glossop Road. |
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(NOTE: At the commencement of the meeting, the Chair (Councillor Alan Law) indicated that the above item was to be considered as an urgent item under Council Procedural Rule 26 of the Council’s Constitution, in view of the impact of the new flue, other externally mounted plant and the need to consider enforcement action, although it had not been possible to give five clear working days’ notice of the item.) |