Agenda and minutes

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No. Item


Appointment of Vice-Chairman pdf icon PDF 146 KB


RESOLVED:   That Councillor D Tyler be appointed as Vice-Chairman for the meeting.


Apologies for absence


Apologies for absence were received from Councillors Mrs Bower, Mrs S Buck, Mrs S Fraser, M J Peake, Miss S Sandell, G Wareham, Mrs E Watson, A White and Mrs S Young


Declarations of Interest


There were no declarations of interest.


Decisions on applications


The Committee was invited to determine the application below, which had been adjourned from the meeting held on 3 December 2018 and had been subject to a site inspection held earlier in the day:



Burnham Market:  No. TWENTY 9, 29 Market Place:  Variation of Condition 3: planning permission 17/00984/F – Proposed change of use from ground floor retail (A1) and first floor residential (C3) to two storey restaurant (A3) including extension and alterations:  Mr T Roberts


The Principal Planner reminded the Committee that currently closing time was either 22:00 or 23:00 on Christmas Eve and New Year’s Eve depending on which day of the week they fell.  This application sought to enable the restaurant to stay open until 00:30 on Christmas Eve and 01:30 on New Year’s Eve which would be in line with their current Premises Licence.


The application also sought to enable the use of the rear courtyard for live music events until 23:00 on six days of the year which equates to an additional 12 hours a year, as currently use of this area had to cease at 21:00.


The Principal Planner added that the main issue to consider was the balance between neighbour amenity and the needs of an existing business.


Officers considered that the request for additional hours on Christmas Eve and New Year’s Eve in line with CSNN was acceptable.  However, officers considered that the request to enable the use of the outdoor space for live music events for an extra 6 times a year was unreasonable and was likely to result in neighbour disamenity issues of a level to warrant refusal.


The Chairman, Councillor Mrs Spikings asked whether consideration had been given to the use of noise monitors for the outside space.  The Senior Community Safety & Neighbourhood Nuisance Officer explained that it could not be used to control people noise.  A restriction could be put on for music but all noise needed to be considered.  She added that although the outside space was conditioned until 21:00 noise and disturbance had been continuing until 23:00, giving no respite for the neighbours.


Councillor Blunt asked how the 6 days would be managed.  The Assistant Director explained that a condition could be imposed to ensure that the Council were informed of when an event was taking place in a timely manner.


The Chairman, Councillor Mrs Spikings asked the Committee to consider whether the outside hours use should cease at 22:30 rather than 23:00.  She added that if permission were to be granted for the 6 days she would not like to see further applications coming forward to increase the number of days.  She therefore proposed that the use of the rear courtyard for live music events on six days of the year be approved.


Councillor Crofts asked whether this should be a licensing issue rather than a planning issue.  He did however think that the request was reasonable and seconded the proposal to allow for live music events to take place on six days of  ...  view the full minutes text for item PC4: