Issue - meetings

To consider the above application.

The Committee considered a report regarding two planning applications for change of use at the Cheshire Cheese Public House, 56 Crewe Road, Nantwich, which had been considered by Crewe and Nantwich Borough Council.

Planning application P08/0498 for the change of use of the public house and manager’s flat to one dwelling and the erection of 9 apartments was approved, subject to conditions, on 27 July 2008.

On 11 September 2008, planning application P08/0865 for change of use from a public house to A3 Indian Restaurant and extensions to the rear of the premises was approved, subject to conditions.  As it was considered that the proximity of the apartments to the proposed restaurant would be detrimental to residential amenities, planning permission was also subject to the applicant first signing a Section 106 Agreement which ensured that if construction of the apartments commenced, the change of use with extensions to form a restaurant would not be implemented, and vice versa.

Planning permission had been issued for the application for the apartments (P08/0498), although no details had been submitted under the conditions of this permission.  However, the Section 106 Agreement in relation to application P08/0865 had not been signed, as, despite a number of requests, no correspondence had been received.

RESOLVED – That the planning application for the change of use to an A3 Indian restaurant at the Cheshire Cheese Public House, 56 Crewe Road, Nantwich, be REFUSED because the applicant has failed to confirm through the use of a Section 106 Agreement, that if the development which is the subject of this application is implemented then the apartments permitted under the earlier planning permission reference P08/0498 will not be constructed and in the event that the apartments are constructed the applicant will not implement the development to which this application relates. Without such Agreement, the application fails to ensure that there will be no disturbance to residents in the apartments as a result of the late night opening and activities at the proposed restaurant. To allow the development would be contrary to Policy BE.1 (Amenity) of the Borough of Crewe and Nantwich Replacement Local Plan 2011.

Councillor B Dykes (Chairman)