The Residents Associations Joint Planning Committee continues to oppose applications from the owner of the two Havana cafes on London Rd. The latest for 1363 is to extend the opening hours.
The Committee has told the planners:
‘Given the concern among residents about both this premises it requests ( on behalf of its RAs which are registered with the Council) that if the officers are mindful to approve then it should be referred to the Planning Committee.
1. The owner is in breach of Condition 3 of the existing planning permission (15/00626/P) by staying open until after 11pm, and therefore breaching ‘the amenities of adjoining residential occupiers’.
2. The owner is already in breach of Condition 4 of the same planning permission by allowing customers to use the rear yard, and therefore breaching ‘the amenities of adjoining residential occupiers.
3. The noise created by customers is a nuisance to residents living in flats above the shopping parade.
4. The owner is already in breach of the planning permission which is for an A3 Restaurant – specifically as explained in the Design & Access Statement as an A3 Desert Restaurant, by also offering smoking facilities within the premises in contravention with anti-smoking legislation.
5. The restaurants and take-aways along the Norbury section of London Rd provide an evening economy offer for residents and visitors. Given the increasing number of residents living in property along it, to allow such establishments to stay open into what effectively is the night-time economy will breach ‘the amenities of residential occupiers’.
6. If the Council were to approve an extension of hours beyond 11pm it would be further condoning the breaches of the planning permission including what appears to be the illegal use of the inside of the premises in contravention with anti-smoking legislation.
7. The Council should be taking enforcement action to stop the smoking and to require the owner only to comply with the planning permission.’