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Professor Steven Broomhead MBE Committee Chief Executive

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Professor Steven Broomhead MBE Committee Chief Executive To: Members of the Development Management Professor Steven Broomhead MBE Committee Chief Executive Councillors: Chair – J Grime, Town Hall Deputy Chair - S Parish Sankey Street T McCarthy, P Carey, G Friend, J Flaherty, Warrington L Morgan, K Mundry, R Purnell, S Wright, WA1 1UH J Wheeler , B Barr 11 December 2020 Development Management Committee Monday, 21 December 2020, 6.00pm Venue – This meeting will take place remotely in accordance with the Coronavirus Act 2020 - Section 78 Members of the public can view this meeting by visiting www.warrington.gov.uk/committees Agenda prepared by Abigail Howell, Democratic Services Officer – Telephone: (01925) 442142 , Email: [email protected] A G E N D A Part 1 Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion. ITEM 1. Apologies for Absence To record any apologies received. 2. Code of Conduct - Declarations of Interest Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012 1 Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached. Item Page No. 3. Minutes 3 To confirm the minutes of the meeting held on 2 December 2020 as a correct record. 4. Planning Applications 7 Report of the Director of Growth 2019/35045 - VICTORIA SQUARE, 87, LONDON ROAD, 8 WARRINGTON, WA4 6LG Proposed temporary marquee over an existing first floor dining terrace 2020/37675 - 12-14, BRIDGE STREET, BEWSEY AND WHITECROSS, 21 WARRINGTON, WA1 2QW Proposed subdivision and subsequent change of use from a retail use (Use Class A1) to an Adult Gaming Centre (AGC) (Sui Generis) (SG) use and alterations to shop front 2020/36525 – LAND ADJACENT TO 137 KINGSWAY NORTH, 49 WARRINGTON,WA1 3NX Full Planning - Proposed development of new build apartment scheme, comprising of 6 apartments and associated landscaping and parking arrangements 5. Appeal Decisions Summary 81 Report of the Director of Growth Part 2 Items of a “confidential or other special nature” during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972. Nil 2 Agenda Item 3 DEVELOPMENT MANAGEMENT COMMITTEE 02 December 2020 Present: Councillor J Grime (Chairman) Councillors B Barr, P Carey, J Flaherty, G Friend, K Mundry, S Parish, J Wheeler and S Wright This meeting was held remotely in accordance with the Coronavirus Act 2020 – Section 78 DM1 Apologies for Absence Apologies were received from Councillors T McCarthy and L Morgan DM2 Code of Conduct – Declarations of Interest Councillor Minute Reason Action Cllr Barr DM5 Ward member for Stayed in the neighbouring Ward, meeting and took and had heard part in the comments from discussion and vote resident DM3 Minutes Resolved, That the minutes of the meeting held on 11 November 2020 were agreed as a correct record and signed by the Chairman. DM4 Planning Applications Resolved, That Pursuant to the Town and Country Planning Act 1990 (As Amended) the applications for permission to develop land be considered and dealt with in the manner agreed. 3 Agenda Item 3 DM5 2020/37158 - 14A THE CROSS, LYMM, WARRINGTON, WA13 0HP - Variation of Condition - Proposed variation of condition 5 (Opening hours) to 11:00 - 00:00 hours on Mondays to Thursdays and 11:00 - 00:30 Fridays and Saturdays and 11:00 - 00:00 Sundays, Bank Holidays or Public Holidays on previously approved application 2019/35968 (Restaurant/Hot food takeaway) The Director of Growth submitted the above report with a recommendation of approval subject to conditions. Members received a further 4 written representations objecting to the application which are detailed as follows; 1) I would like to submit this comment instead of a presentation as, unfortunately, I am unable to present in person on Wednesday 2nd December. I have no objection in bringing forward the opening hours from 17.00 to 11.00, as this is very much in line with other retailers and restaurants in Lymm. My concern is for the extension in the evening. The original opening hours, corresponding to a change in business use, were until 00.00 Monday to Friday and Saturday until 00.30. No operation on Sunday, Bank Holidays and Public Holiday. My concern is enabling opening until 23.00 on Sunday, Bank Holiday and Public Holidays. The reason for this is that this is a residential area. It is quite reasonable for residents to expect activity on Friday and Saturday nights, as the village is normally frequented by visitors. However, Sundays and Bank Holidays are the nights before working days and it is unreasonable for residents to be kept awake from noise from customers until 23.00. Whilst the case officer has referred to other restaurants’ opening times – “The Grill on the Cross” and “Sahib Indian”, these are sit-down restaurants in which customers eat inside and then leave to go home, minimising noise. This establishment is a takeaway situated on The Cross and is likely to attract customers to sit on the benches whilst they eat. And this is where we get the problem of loitering around The Cross, which we have to involve the PCSO’s to disperse, particularly in summer. Sainsbury’s (next door) closes at 9pm on Sundays and Bank Holiday Mondays, therefore, loitering is less from this time onwards. To grant permission until 23.00 will start to encourage loitering on Sundays and Bank Holidays, in which case the residents do not get a respite. Whilst I support business in Lymm, on balance the issue is of residential amenity and the right to peaceful living. 7 days of continuous noise and customers is not conducive to peaceful existence. I ask the committee to consider the residents and curtail the opening times for Sunday, Bank Holidays and Public Holidays to 9pm, in line with Sainsbury’s. 2) I would strongly object to this application of Extended Hours of opening I live opposite the premises. My apartment lounge and bedroom windows are overlooking this property. When it was an option, the business hours were in the day and no noise at night. Currently within a space of 100 yards in the village centre we have 9 restaurants 4 Agenda Item 3 and all have takeaway options. We have litter problems nightly on the village Cross and trouble most weekends with youths hanging around the Cross area, shouting at times, causing trouble, throwing rubbish and bottles around. Sainsbury’s due to this and robbery, have now opted to close at 10.00 pm instead of 11.00pm due to the robbery and trouble caused late at night. If this Takeaway was open beyond 10.00pm then it will become an even bigger problem. People ending their drinking evening, will buy and eat on the cross late into the night causing more noise and litter. To look to extending the hours to 12.30 am at weekends and Midnight in the week is ridiculous. This is a village and residential area. We already have noise from the Venue and Elmas Resturant until 2.00am most Friday and Saturday nights. Living in the Village Centre we expect noise as part of the atmosphere, but another food outlet, open until this late hour, is just too much for our village. The premises should close at the latest 10.00pm to reduce the noise levels late evenings The premises staff, to clear all litter from benches , pavements and the cross monument etc every evening before closing, as this is the heart of a beautiful village. Recordable CCTV to reduce the crowd trouble on the cross and a Police patrol late evening at weekends should be a daily evening visit. I do not want to discourage local Business, but this late hour opening is wrong on all levels. 3) I am opposed to the extension of the opening hours. There are already plenty of restaurants in the village centre which open late. A further take away extension will only add to the noise and litter late at night. There is already evidence that the take away is generating additional litter. I am thankful that the building is not empty and we have an additional business in the village centre but it is a beautiful village and the additional noise and litter is detracting from this beauty. 4) I am writing to STRONGLY OBJECT to the change in opening hours for this establishment. I live on Pepper Street, and my neighbours (2A and 4A) directly face this establishment. Given the current opening hours of the surrounding restaurants, takeaways, pubs and Sainsburys, I do not see a reason for this establishment to be granted permission to remain open beyond its current hours. We previously had to deal with anti-social behaviour, litter, noise etc prior to this establishment opening. Things have only gotten worse since it's opening, with crowds congregating even during daylight hours (which is particularly concerning given that we're mid- Pandemic). To stretch this on to midnight at the earliest every night is just not acceptable. I also take exception to the fact that the planning authority consider this situation to be "unfortunate" - it simply shouldn't be allowed, and it is their job to fully consider the facts. I understand that we need to give business the opportunity to thrive, but this shouldn't be done at the expense of local residents' well-being. A motion was put to the committee to refuse the application.
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