Restaurant and rear flue at 26A-26B Upper Tooting Road Tooting Bec, London SW17

“Planning permission is sought for Change of use from takeaway and adult gaming centre (both Sui Generis) to one restaurant (Class E(b)); alterations to existing flue to rear elevation. (Retrospective application).”

“SITE DETAILS: The application site 26A – 26B Upper Tooting Road is a ground floor unit set within a prominent locally listed three-storey building sited on the junction of Upper Tooting Road and Fircroft Road. The site was formally used as a two separate units: 26A as a Betting Shop and 26B as a takeaway unit (both Sui Generis uses). It is located within the Tooting Bec Local Centre.”

“CONSTRAINTS: Tooting Bec Local Centre – Protected Other Frontage Archaeological Priority Area Locally Listed Building (26-30)”

“2020 (2020/2950): Approve with Conditions: Change of use from betting shop (Sui Generis use) to adult gaming centre (Sui Generis use).”

“2022 (2022/2050): Refused, Variation of Condition, Appeal Dismissed: Removal of condition 3 of planning permission dated 27/10/2020 ref 2020/2950 (Change of use from betting shop (Sui Generis use) to adult gaming centre (Sui Generis use) to allow opening hours to be amended to 24 hours use.”

“One member stated that, in his view, the proposed noise limits did not go far enough and that, as a resident, he would have wanted the flue to cease operation well before 11.30 p.m., especially as it did not meet the usual noise reduction standard. Another member also expressed sympathy with residents’ concerns and highlighted a contradiction between the proposed hours of operation (8 a.m.-midnight Sunday- Thursday and 8 a.m.-12.30 a.m.”

“A member queried how the background noise was assessed and whether the 2 dB reduction related to the quietest part of the evening or busiest period of the day. The East Area Team Manager clarified that the initial noise report received by officers was insufficient in its methodology. A revised report was resubmitted using correct methodology and the correct equipment.”

“Councillor Worrall then proposed an alternative amendment, seconded by Councillor Apps, to align the hours in Condition 3 (hours of operation) with Condition 5 (hours of operation of the flue) so that both conditions would be 8 a.m. – midnight (Sunday – Saturday). The amendment was put to a vote and was considered lost, with 3 votes for, to 5 against and 1 abstention.”

“RESOLVED - (unanimous) that planning permission be granted as set out in the report.”