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The Chairman, Cllr Huish stated that there had been an alteration in
the wording of the application for No 4 High Street and that the notification
had been received via e-mail to allow the agenda to be posted correctly and
within the legally set time of notice. Standing
orders suspended at 7.35pm
in line with the decision taken at the beginning of the meeting. Mrs Horseman
stated that she had heard rumours that No 4 High Street would be turned into
an Indian Takeaway. Cllr Huish stated that she understood from communications
that the applicant wished to operate a Kebab Takeaway from the premises and
that he already ran a Kebab Takeaway in Framlingham. Mrs Horseman continued
that the proposal caused a great deal of concern as she lived in the
adjoining property directly next door to the property and since losing her
husband lived alone. The congregating of youths frequenting the Kebab
Takeaway would make living in her house intolerable. Mr Sadler-Bridge stated that the Clio’s
website was still operational and gave details of the menu available as well
as the opening times which were totally contrary to the ones stated on the
Planning Application. The opening times on the website were 9am to 4pm Monday, Wednesday, Thursday and 9am to 4.30pm Friday to Sunday. Mr Sadler-Bridge stated
that he did not feel that the amount of trade in Debenham warranted these
times being extended to 23.00 hours 7 days a week. Following a question, the
meeting was informed that the application for an alcohol license was
completely separate to planning. Cllr Huish informed those present that
unfortunately due to latest legislation the Parish Council was no longer
invited to act as consultees to Alcohol Licenses. Mr Sadler-Bridge also
brought to Council’s
attention the damage caused to the public footpath by the chairs and tables.
He further referred to
youngsters demonstrating bad behaviour and abuse already
congregating in the bus shelter opposite the property in question. In his view a takeaway
would only aggravate the problem further and cause degeneration of the area.
The number of residential properties far outweighed the number of commercial
properties; therefore the resident’s views should be heard. Mr Harrier stated
that there was no need for a takeaway as the business could be a eat in Kebab House. A takeaway would result in the loss
of amenity to the local residents, an increase in antisocial behaviour and
aggravate the already difficult parking problems. Following a question, Cllr
Huish informed the meeting that parking was not considered to be a material
planning consideration but that it could still be referenced in objections.
Cllr Cockerton stated that the Highways department would have to be consulted
about any establishment wishing to sell food as either a restaurant or a
takeaway. Mr Pemberton, business partner of the applicant stated that the
intention for the property was to keep the existing restaurant with a more
varied menu to include pizzas and shish kebabs and that
they did not want extended opening times. The closing time would be at 9pm.
Mr Pemberton informed the meeting that they had a good track record with their
other two businesses in Framlingham and Saxmundham and that they wished to
attract families to the Debenham premises and did not want any trouble. Mr
Pemberton said he would co-operate with any restriction that council wished to , as he did not want youngsters hanging around. Cllr
Fisher asked how the sale of liquor would be supervised so that no under aged
persons would be served. Mr Pembleton stated that there was no application
for an off sales license, the sale of liquor would only be permitted to those
sitting in the restaurant to dine. Mr Etheridge asked what arrangements were
in place for waste management. The previous proprietor, the meeting was
informed, due to the distinct lack of space stored their overflowing bins
under the neighbour’s window, which was not only
unacceptable but also attracted rats from the nearby river. Mr
Pemberton stated that he was not familiar with the exterior of the building
but would investigate further. The flat above the premises would no longer be
used as a B&B and would be used as staff accommodation. The meeting was
informed that Mr Pemberton was very keen to work together to reach an
agreeable solution for all parties. The proposed opening times of the
Debenham shop were reported as being 9am – 9pm as Mr
Pembelton and his business partner Mr Duzgan did not want late opening in
Debenham as they have in their other two shops. Cllr Huish informed those
present that following consultation with Framlingham Town Council she had
been informed that a heavily monitored restriction had been put in place for
a trial period following the breach of opening hours. She further reported
that their had been Police involvement because of
antisocial behaviour in the vicinity of the premises. If such a monitoring
period were introduced in Debenham, the monitoring would be carried out by
MSDC, the Police and the Parish Council. It was concluded that the majority
of the monitoring would fall directly to the Parish Council and its members.
A trial period with restricted opening times, which would be reviewed, after
a set period could be a possible solution. Mr Scott, asked if the applicants
were unsuccessful with the takeaway application would they still take on the
business? Mr Pemberton clearly stated that they would not proceed if the application
for a takeaway were to fail. Mr Scott continued to ask what consideration had
been given to the smells that would be generated. The meeting was informed
that it was a condition that a suitable extraction and filtration system is
installed before the premises were open for business. The chimney for which
would have to come out of the roof at the rear of the property and would
require planning permission. It was asked why the application for this had
not already been submitted; the meeting was informed that it was not prudent
to submit a second application until the result of the first application was
known. Mr Rutherford questioned why
there had been no liaison with the community until this meeting when the letters
received from MSDC had clearly stated that consultation with the local
residence should take place. Mr Pemberton could not answer this as it had not
been noted on the paperwork that he had received. Mrs Huish informed Mr
Pemberton that pre-consultation was a nationally agreed part of the planning
process and that notice letters stated that Mr Duzgan had been advised of
this Mrs Monaghan stated that
there was a long history with youngsters frequenting Aspall Road and that the
Police had been called on a number of occasions to deal with drunken
behaviour. Unfortunately on a number of these occasions the youngsters had
dispersed before the Police had arrived normally 1/2 hr to 1hr after the
initial phone call. Cllr Huish asked whether there was any one present that
wished to speak in favour of the proposal. No comments received. The public
gallery was asked whether they had any further questions, no questions
received apart from whether there was a demand for this type of business in
Debenham. Mr Pemberton replied that every town and village had the demand.
Cllr Huish stated that she had requested information via the local Police
concerning the premises in Framlingham but unfortunately no information had
been supplied. PC Gibbs was reported as being concerned about the proposal. A
previous proprietor of Clio’s asked whether the Landlord had been approached,
Mr Pemberton confirmed that a notice of intent had been served.
Standing Orders Resumed 8.15pm. Four letters of objection were read to the
meeting. Council asked the applicant whether the shops in Saxmundham and
Framlingham had licenses to sell alcohol. Members were informed that the shop
in Framlingham does not have a license due to the close proximity of two
public houses. A Councillor pointed out that No 4 High Street already had a
license and had done so for many years. & that there is a need to keep
the High Street alive with the inclusion of a food outlet, as long as the
waste management was dealt with by MSDC, the assurance of no off sales and
that careful monitoring took place. It was suggested that as people were
purchasing alcohol in the pubs and elsewhere, the provision of takeaway food
to soak up the excesses could be a good thing. There was concern over the
loss of custom to other businesses. The applicants were asked whether the other
two shops had gaming machines, the response to this was that that they did
but due to the lack of room in the Debenham premises there would be no
machine installed. One Councillor raised the question that he doubted that
there would be enough room to include all as intended, 20 cover restaurant,
Takeaway, Kitchen and secure bar for the sale of alcohol. It was noted that
the village appraisal had concluded that there was a need for an Indian or
Chinese takeaway but that a subsequent application had been rejected because
of the unsuitability of the premises. Council stated that there was not
enough information supplied with the application on waste management. The procedures to deal with litter and
antisocial behaviour were not explained. The opening hours on the application
permitted the business to close at 11pm if the
proprietor desired, if the business closed at 9pm as the meeting
had been informed it would still take until 10pm for loiterers
to disperse from the area. Permitting the closing time of 11pm would only aggravate the problem and would mean
that it would be midnight before the
area and associated noise had been cleared. It was concluded that the
takeaway was the greatest concern and that the Restaurant / Café shop was
more appropriate to the area and gave more control over the amount of noise
and nuisance suffered by the immediate residents. It was noted that the other
takeaway in the village, the fish and chip shop, only opened until 8pm and that if there was a need for a takeaway in
Debenham then the existing one would be open longer and more regularly. Standing Orders Suspended 8.30pm. Mr Pemberton stated that, due to the lack
of space, donor kebabs would not be sold, only shish kebabs and pizzas would
be offered on the takeaway menu. The Clerk informed the meeting that although
the applicant had stated that there had been no change on the application to
the existing opening times that there had in fact been a change. The times
had changed from 7.30am to 11.30pm to 8am to 11pm 7 days a week. Mr Sadler-Bridge stated that on
numerous times during the meeting the applicant had stated that the closing
time would be no later then 9pm, if the
applicant were honourable then surely the application would have been altered
to reflect the 9pm closing. Mr
Pemberton responded by stating that the opening hours of the amended
application remained the same as original application, a copy of which was
available for all concerned parties to see. Mr Pemberton continued to
re-confirm that he was more then happy for the Parish Council to recommend a
restriction on the opening times. Cllr Huish informed those present that the
amended application was identical to the original apart from the change of
description to include condition A5 permitting the sale of takeaway food. The extraction and filtration system was
reported as being a matter for Environmental Health with the Parish Council
becoming involved if it involved a structural change. Standing Orders Resumed 8.35pm.
Cllr
Huish summarised the objections raised; Loss of amenity due to proposed
increased opening hours; Loss of amenity due to introduction of a takeaway
and associated litter / noise; concern over direct impact of extraction
system on to properties at the rear; Lack of external space for the storage and
disposal of waste; possibility of increased tendency for customers to loiter
in vicinity of premises & increased antisocial behaviour; Parking in area
already a problem; Increased traffic movements at night; premises too small
for Restaurant, Kitchen, Takeaway and secure licensed area. Council agreed
that they were all mindful of the need to encourage commercial facilities in
the village; however the type proposed was not appropriate in a village or in
a conservation area. It was proposed
by Cllr Moreton, seconded by Cllr Hellier, seven in agreement, one against
that refusal is recommended on the grounds previously stated for the takeaway
element of the application, the restaurant was deemed as an excellent
idea. Cllr Huish proposed that if MSDC
were minded to ignore the Parish Council’s recommendation and, ultimately,
the wishes of the parishioners of Debenham, the Parish Council should insist
that a restriction on the closing times of any takeaway to 8pm should be put in place for review after six
months. This was agreed by all. It was agreed that the proposals would be
strongly worded to ensure that the views of the village were heard.
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4.3
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0096/06The Old Cooperage, 12 Aspall Road, Debenham. 1) Installation of Sky
mini dish. 2) Installation of Velux conservation roof light. The applicants
were in attendance and informed the members that the proposed location of the
sky dish was at the rear of the property, not visible from the road and
positioned on a pole that was not attached to the building. (A requirement of
the planning Department) A Councillor asked at what height the dish would be.
Following a site visit by a sky engineer the applicants had been informed
that it would be not more than 6ft from the ground. Council was informed that
the proposed conservation window was an exact duplicate of that already
installed and was not overlooking any neighbours. The owner of the
neighbouring property, Peartree Cottage had been consulted and had not
objected. Cllr Winrow-Giffin proposed,
seconded by Cllr Moreton agree by all that approval be recommended for the
application subject to their being no objection from neighbours.
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