REPORT OF THE DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES TO DEVELOPMENT CONTROL COMMITTEE

SITE INSPECTION – 24 JANUARY 2003

REASON FOR COMMITTEE CONSIDERATION

Report requested by Local Member as he is not prepared to agree to the application being dealt with under the delegated procedure.

LOCATION AND SITE CHARACTERISTICS

Joe Daflo’s is situated on the southern side of the High Street within the Newport Conservation Area and operates as a bar/restaurant. Immediately to the east is the Hogshead pub, while to the west is the vacant cinema building, which has planning permission for a similar A3 (food and drink) use. There are a number of residential properties to the rear of the premises in Pyle Street.

RELEVANT HISTORY

TCP/11483/K - New shop front, 21-22 High Street, Newport, Isle of Wight, PO30 1SS, approved 08/08/2001

TCP/11483/M - Retention of kitchen extraction system incorporating filters & silencer unit, Joe Daflo's 21-22, High Street, Newport, PO30, approved 18/09/2002

TCP/11483/ - Use of 1st floor as additional dining area, Joe Daflo's 21-22, High Street, Newport, PO30, approved 26/11/02

DETAILS OF APPLICATION

The buildings forming Joe Daflo’s comprise a two storey building with a pitched roof (22 High Street) with a single storey flat roofed building (21 High Street) to its east. To the rear of these buildings there are a number of single storey flat roof extensions, which extend along the eastern boundary of the site as far as its southern boundary. A pedestrian access between 22 High Street and the former Cinema links to a courtyard area providing access to the kitchen and storage areas at the rear of Joe Daflo’s.

The proposal involves the use of the flat roof above the front of 21 High Street to create a roof deck providing an external dining area. Two trellises measuring two metres in height define the area to be used and a further three trellises screen views at the rear of the site over the kitchen area of the premises and towards properties in Pyle Street to the south.

Access to the roof deck is via a door in the southern elevation of the first floor dining area. Revised plans have been received which provide an external lobby area adjacent to the door from which a series of steps leads to the roof deck which measures approximately 65 square metres. This area is bounded on its western elevation by the external wall of 22 High Street and on the eastern side by the rendered external wall of 20 High Street. A trellis screen set back from the edge of the front parapet by 1.8 metres provides screening from the High Street and space for landscaping in tubs. Further landscaping is to be provided against the trellis defining the southern extent of the area. A fire exit route has been provide across part of the flat roof and descending into the courtyard at the rear of the premises.

DEVELOPMENT PLAN/POLICY

The application site is within the Newport Conservation Area, Development Envelope and Town Centre Boundary for Newport and outside the retail-only frontage. Policy B8 ‘Alteration and Extension of Non-Listed Buildings in Conservation Areas’, aims to ensure that the proposal is particular to the character of the Conservation Area; Policy R6 ‘Areas outside Retail-Only Frontages’ states that planning proposals for retail A1, A2 and A3 uses within the defined town centre shopping areas but outside the retail-only frontages will be acceptable in principle. Policy D1 ‘ Standards of Design’ ensures that the proposal does not detract from the reasonable use and enjoyment of adjoining buildings.

CONSULTEE RESPONSES

Environmental Health Officer – The application includes proposals for use of an external area, which has the potential to introduce a source of noise disturbance arising from customers using this area. This type of noise is notoriously difficult to control and accordingly this section would request the imposition of conditions restricting the hours of use and the provision of a lobby and self-closing devices.

PARISH/TOWN COUNCIL COMMENTS

None

THIRD PARTY REPRESENTATIONS

One letter of representation received from the director of the Apollo Theatre, Pyle Street concerning the disruption to performances from smells and noise disturbance from music through open doors.

One letter of objection from a local resident expressing the view that the use of a roof terrace would be totally unacceptable for the following reasons:

'The trellis fencing and fire escape is too close to the boundary and the public access to the external dining area will directly overlook our first floor bedroom and parts of the garden. The noise and lighting disturbance generated from open air dining is an inappropriate use backing onto a residential property during the day.'

CRIME & DISORDER IMPLICATIONS

Officer given opportunity to comment, but no observations received.

EVALUATION

While the premises lies within the Newport Conservation Area, it is considered that the trellis work is to be sited at a sufficient distance from the edge of the roof to ensure that it will not be unduly visible within the street scene. The provision of soft landscaping in front on the trellis would provide an attractive feature, which would enhance the appearance of the building.

The access to the roof deck is via the rear of the property and the route from the external lobby to the roof deck has been placed close to the rear of 22 High Street, consequently, users of the area will be a minimum of 20 metres from the rear boundary of the premises. Two rows of trellis fencing would screen views looking southwards towards properties in Pyle Street and the only potential for views in this direction is from the fire exit, which will only be used should an emergency arise. The purpose of an external lobby from the access to the roof is to minimise noise spillage from inside the premises and the Environmental Health Officer has stated that conditions would need to be applied to ensure that the hours of use of the deck area is restricted to 10.00 to 21.00 and that there should be no music or live entertainment outside. On this basis, it is considered that the potential for disturbance to adjoining residential properties will be kept to a minimum and that the proposal is considered to be acceptable.

HUMAN RIGHTS

In coming to a recommendation, consideration has been given to the rights set out in the Articles of the European Convention on Human Rights. The impact this development might have on the owners/occupiers of other property in the area and other third parties have been carefully considered. Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the applicant to develop the land in the manner proposed. Insofar as there is an interference with the rights of others, it is considered necessary for the protection of the rights and freedom of the applicant. It is also considered that such action is proportional to the legitimate aim and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

Having given due regard and appropriate weight to all material considerations referred to in this report, it is considered that the proposal conforms with policies R6 and D1 and B8 of the Isle of Wight Unitary Development Plan.

           RECOMMENDATION - APPROVAL

Conditions/Reasons: