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Property details

Case reference: PP/03/02569
Address: 126-128 Notting Hill Gate, LONDON, W11 3QG
Ward: Pembridge
Polling district: 13
Listed Building Grade: N/A
Conservation area: N/A

Applicant details

Applicant's name: Mitchell & Butlers Retail Ltd.,
Applicant company name: Camilla Yerbury, RPS.,
Contact address: Fairwater House, 1 High Street, Wroughton, Swindon, SN4 9JX

Proposal details

Application type: PP (Planning permission)
Proposed development Creation of external seating area comprising 5 tables and 20 chairs associated with existing A3 food and drink use (variation of conditions attached to planning permission ref. PP/03/1169 dated 1st August 2003).
Date received: 05 Dec 2003
Registration date:
(Statutory start date)
08 Dec 2003
Application status: Decided
Target date for decision: 02 Feb 2004

Decision details

This case has not yet been decided.

Decision: Grant Planning Permission/Consent
Decision date: 16 Jul 2004
Conditions and reasons:

1)

The use of the forecourt and the placing of all tables, chairs and plants hereby permitted shall be retained for a limited period only until 01/10/2004 on or before which date the use of the forecourt shall be discontinued.
Reason: Permission for a limited period will enable the authority to reassess the development in the light of the experience of the use.

2)

This permission shall be personal to All-Bar-One and shall not enure for the benefit of the land. (C006)
Reason - In granting this permission the Local Planning Authority has had regard to the special circumstances of the case/applicant, and considers that use otherwise than by All-Bar-One would have had different implications, and would be likely to have resulted in planning permission being refused. (R006)

3)

No more than 5 tables and 20 chairs shall be positioned in front of the premises at any one time, and these tables and chairs shall be positioned within 2000 mm of the shopfront and used only in conjunction with the bar use house operating within Class A3 of the Town and Country Planning (Use Classes) Order 1987.
Reason - To prevent further obstruction of the public highway and to safeguard the amenities of the area.

4)

The forecourt shall not be used as a customer seating area between 23:00 hours and 11:00 hours the following day, at no time other than between 11.00 hours and 23.00 hours shall there be tables and chairs or any plants in front of the premises.
Reason: To ensure that there is no obstruction to pedestrian passage along the shopping frontage during the daytime, and to protect residential amenity.

5)

The pavement area in front of the premises, to a distance of 2m from the shopfront, shall be inspected, swept and cleaned regularly so as to be free of litter at all times.
Reason - To maintain the amenity of the shopping parade.

6)

There shall be no planters other than the two planters shown on the approved drawing dated 26th February 2004 or means of enclosure at the front of the premises at any time.
Reason - To ensure that there is no obstruction to pedestrian passage along the shopping frontage during the daytime, and to protect residential amenity.

Informatives:

1)

Highways Act - Chairs on the Highway
Before any tables and chairs hereby approved are placed on the public highway, a licence under the Highways Act must be obtained. You are advised to consult the Directorate of Transportation and Highways, Room 230, Town Hall, Hornton Street, W8 7NX (020-7361-3628) regarding licence applications. If the use commences without a licence having been first obtained you may be liable to immediate enforcement action under the Highways Act.

2)

Attention to Conditions
Your attention is drawn to the Conditions of this Permission and to the Council's powers of enforcement, including the power to serve a Breach of Condition Notice under the Town and Country Planning Act 1990, as amended. (I10)

Committee details

Decision by: This case is currently due to be decided by the Planning Applications Committee.
Date:13 Jul 2004

Appeal details

This case has not been appealed.

Planning Inspectorate reference number:
Appeal received:
Appeal type:
Appeal procedure:
Appeal start date:
Deadline for comments to be received by the Planning Inspectorate:
Appeal decision:
Appeal decision date:

Contact details

Planning case officer: Sarah Gentry
Planning team: North
Email: [email protected]
Telephone: 020 7361 3012

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