Restaurant conversion and extension at 46 Southside Street, Plymouth

What was proposed

The application sought a restaurant using the ground and first floors, with a rear extension, flue, dumb waiter and shopfront changes.

“Proposal Description The proposal looks to use the existing commercial unit as a restaurant (Class E), whilst expanding the size of the unit via a single storey rear extension and converting a flat on the first floor. The extended ground floor would include a bar and seating area, with the kitchen and staff facilities proposed on the first floor. A dumb waiter is proposed on the rear elevation, alongside an extraction flue to serve the kitchen.”

Officer report

The site and its setting

The property is a mixed-use terrace containing a former café and flats within the conservation area and local centre, beside a listed building.

“Description of Site 46 Southside Street is a mixed-use terraced property containing a former café (Class E) on the ground floor and flats (Class C3) on the upper floors. The site falls within the St Peter and the Waterfront ward of the city, the Barbican conservation area, and the Barbican local centre. Whilst the site itself is not listed, it is adjacent and adjoined to 45 Southside Street which is Grade II listed alongside a number of other properties in the terrace.”

Officer report

Earlier applications

Earlier permissions covered upper-floor flats, alterations and a previous change from shop use to restaurant use; listed building consent remains under consideration.

“90/01340/LBC - Alterations to premises at third floor level including removal of existing chimneys (Conservation Area Consent) (Granted Conditionally).”

“26/00492/LBC - Change of use of ground and first floors to restaurant (Class E), inc. single storey rear extension, rear flue, and shopfront alterations (Under Consideration).”

Officer report

What officers recommended

Officers recommended conditional approval, finding the restaurant suitable in the local centre and the loss of one flat justified by a more viable commercial unit.

“Principle of Development 3. Officers do not have an in-principle objection to the proposed restaurant use. The existing ground floor commercial unit falls within the Class E use class, which includes restaurants. As such, the commercial unit as it stands currently could be used as a restaurant without the need for planning permission.”

“What requires planning permission is the use of the property's first floor, which is currently a flat, as additional Class E space - in this case to utilise as the restaurant's kitchen and staff area. Officers note the fact that the city cannot currently demonstrate a 5-year housing land supply - and therefore the titled balance applies when considering schemes for new dwellings.”

Officer report

What consultees said

consultees raised no objections overall, while recommending conditions for cycle storage, noise and odour measures, materials and flood planning.

“Consultation Responses Highway Authority - Raised no objections and recommended a staff cycle storage condition.”

“Environmental Health - Raised no objections and recommended conditions relating to implementing the noise/odour mitigation measures set out in the application.”

Officer report

What residents raised

Objectors cited concerns about the area’s character, visual effects, overlooking, noise, anti-social behaviour, odour, bins and wildlife.

“Representations A number of letters of representation, objecting to the scheme were received by Officers. The associated application for listed building consent also attracted letters which discussed planning matters. In the interest of fairness, the letters received relating to both schemes have been summarised here. The material planning considerations raised include:”

“- A restaurant use is out of character with the residential nature of the area; - Visual impacts given the conservation area location; - Overlooking impacts; - Noise impacts, particularly due to long opening hours and anti-social behaviour; - Odour impacts; - Bin storage concerns; - Wildlife impacts.”

Officer report

Who spoke

The planning officer presented the report and an objector spoke to the committee.

The committee discussion

After discussion, the committee agreed to approve the application but changed the plant operating end time from 23:00 to 22:00.

“Following discussions, the Committee agreed to grant the application conditionally, as set out in the report, subject to the following amendment:”

“8 CONDITION: OPERATION OF PLANT - Existing wording: All plant and equipment associated with cooking operations shall be switched on no earlier than 07:00 each day and switched off no later than 23:00 each day.”

Minutes

The vote

Nine councillors voted for the application, none against, one abstained and one was absent or did not vote.

“For (9) Councillors: Allen, Dingle, Goslin, Kelly, McCarty, Penrose, Stickland, Tyler, and Watkin.”

“Absent / Did Not Vote (1) Councillor Freeman.”

Minutes