Bandstand condition changes at The Oval Bandstand, Margate

What was proposed

The application sought changes to seven conditions covering containers, cladding, landscaping, sedum roofs, music, opening hours and outdoor lighting.

“The application is for the variation of conditions 3, 4, 7, 8, 9, 10 and 11 of planning permission F/TH/23/1614 which approved use of the Oval Amphitheatre as an event space and creation of a bar and cafe with associated storage containers with commercial use and development.”

“The wording of each condition is detailed below together with the precise changes now sought:”

Officer report

The site

The existing bandstand and surrounding area lie between two access routes, near flats, hotels, a care home and other properties.

“This application relates to an existing bandstand and area surrounding it (known as The Oval) located centrally between Eastern Esplanade and Queen's Promenade in Cliftonville.”

“To the eastern side of the site are flats within the Queens Court complex (two buildings - one parallel to Queen's Promenade and one parallel to The Oval (four storey) and to the western side are properties that front First Avenue (mostly four storey in height) including a care home (The Avenues) , flats and Florence Rose tea rooms. To the south are flats and hotels fronting Eastern Esplanade that are four or four and a half storey with semi-basement areas.”

Officer report

Planning history

The earlier permission for the events bar, café, amphitheatre, containers, wellness garden and related works was granted on 20 September 2024.

“CON/TH/25/0367 - Application for approval of Conditions 5 (Landscaping), 6 (Ecological Enhancement Features) (Part Discharge) and 7 (Landscape Management Plan) attached to Planning Permission F/TH/23/1614 for the part retrospective application for a part change of use of the toilet block & store room (The Oval Pavilion) to an events bar and a cafe together with external alterations; use of amphitheatre for outdoor cinema/market/concert/sports/dance or theatre; external…”

“F/TH/23/1614 - Part retrospective application for a part change of use of the toilet block & store room (The Oval Pavilion) to an events bar and a cafe together with external alterations; use of amphitheatre for outdoor cinema/market/concert/sports/dance or theatre; external terrace for seating and access ramps, hand-rails within the bandstand amphitheatre; part demolition of sections of external wall to facilitate step-free access; installation of a timber fence and gates…”

Officer report

What officers recommended

Officers recommended approval because the changes would have modest conservation-area effects, outweighed by scheme benefits, without significant harm to neighbours.

“The principle of the use of the premises and erection of various structures, has been established through the previous planning consent. The proposed variation of conditions 3, 4, 7, 8, 9, 10 and 11, would have a modest impact on the character and appearance of the conservation area, which would be outweighed by the benefits of the scheme, and subject to safeguarding conditions, would not significantly impact upon the living conditions of neighbouring residential occupiers.”

Officer report

Consultation responses

Highways raised no objection, Environmental Health accepted the music and hours changes subject to removing licensing wording, and conservation officers had a caveat about the containers.

“TDC Environmental Health: Environmental Health has reviewed the application and the recommendation is as follows: a. No Objection: EH has reviewed this application and is content with the submission.”

“It is important that conditions are precise and enforceable. To permit a condition that then allows for significant variability in operating hours would not offer sufficient control. The site has a 9pm curfew and so any decision made by a licensing authority will not subvert these controls. The Licensing Act objective for the prevention of public nuisance relates to the management of the site which is transient unlike planning which will establish ongoing land use.”

Officer report

Residents’ concerns

Two representations raised concerns about noise, traffic, views, the grass, policing and effects on elderly people and children.

“Two representations were received. The concerns can be summarised as follows:”

“Increases in noise and disturbance affecting quality of life and health • Increase in traffic • Detrimental to dog walkers who use the grass • Potential for increased police presence • Installation of shipping containers, even with cladding added, will drastically ruin our views. • Impact on elderly people and children who reside around here…”

Officer report

Who spoke

A speaker spoke in favour of the application, and the Principal Planning Officer outlined the report.

The committee’s decision

The committee agreed a proposal to approve the application subject to conditions controlling the development and its effects.

“The Chair proposed and Vice Chair seconded that the application be approved, subject to the following conditions:”

“The proposed development shall be carried out in accordance with the submitted application and the approved drawings numbered 2026_E_001, 2026_E_021, 2026_L_002, 2026_L_004, 2026_L_005, 2026_P_002, 2026_P_004, 2026_P_006, 2026_P_102, 2026_P_202, 2026_P_302, 2026_P_402, Design Proposal booklet and Fixtures and finishes schedule…”

Minutes