Planning Appeal Success for Stress Area Premises

31st May 2007

A planning appeal has recently been allowed for premises in the West End Stress Area.

The appeal was in respect of a proposed change of use for the premises, situated at 50 Haymarket, to a nightclub and restaurant. The decision will be of obvious interest to Landlords and Tenants alike in the area.

The premises were formerly a cinema and had been closed for approximately 10 years, located in the basement of a 7-storey office block, with flats on the top floor.

The proposal included performance, bars and dance areas. The proposed capacity was 1080 and proposed opening hours were 08:00 - 04:00 with alcohol sales ceasing at 03:00. The premises were presented as a high-class venue attracting big names in fashion, sport, entertainment and business.

Issues

The application was contrary to the Council’s recently adopted Unitary Development Plan. The size and location of the premises meant that applications would normally only be granted in exceptional circumstances.

The Inspector found that the area was busy. However, the ambient noise level was considered the same at the premises both during the day and late at night. Further, most of the noise generated in the vicinity of the premises was considered to be from traffic.

The Inspector found that there would be no harm to living conditions or the character of the area as a result of the planning permission being granted. A total of 24 conditions were attached.

It is not known whether the Council will challenge the decision, but it will obviously have an impact on planning and licensing applications in an area where development has been restricted.

© Davenport Lyons 2007. All rights reserved.
This document reflects the law and practice as at May 2007. It is general in nature, and does not purport in any way to be comprehensive or a substitute for specialist legal advice in individual circumstances.