Agenda item

Planning Application - 18/01561/FUL - 35-36 Oxford Street

Report of the Service Lead, Planning, Infrastructure and Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.


The Panel considered the report of the Service Lead, Planning, Infrastructure and Development recommending that conditional planning permission be granted in respect of an application for a proposed development at the above address.


Change of use of Basement to a bar venue providing food, drink, dancing and musical entertainment and external alterations to front elevation.


Simon Foderingham (Applicant) was present and with the consent of the Chair, addressed the meeting.


The presenting officer reported that since publication of the report there had been the following correspondence had been received that set out:

·  An objection received from the City Councils Flood Team due to the lack of a Flood risk assessment:

·  Request from the City Councils Heritage Officer to have the proposed new door access to the basement recessed;

·  That the Police had raised no concerns to the applicants proposed operating hours of 2am;

·  A concern raised by the City Councils licensing team regarding the potential impact on local amenity as a result of extending the operating hours beyond the currently licensed 1am closing time;

·  An objection from the City of Southampton Society regarding proposed opening hours and concern raised regarding means of escape: and

·  A request from City Councils s106 officer for contributions to late night community safety facilities.

The presenting officer explained that given the correspondence the nature of the recommendation to the Panel would need to be amended as set out below.


The Panel noted that previously the Panel had agreed a closing time of 2:00pm and that works had not commenced as the basement had flooded.  The Panel were minded to agree an additional condition and amend the hours use, as set out below, in order to grant permission on a similar basis.


The Panel then considered the officer recommendation as amended to grant conditional planning permission. Upon being put to the vote the recommendation was carried.




1)  that authority be delegated to the Service Lead Planning, infrastructure and Development subject to the conditions set out within the report and any additional or amended conditions set out below and:

(i)  The applicant entering into a S106 to secure contributions towards late night community safety facilities;

(ii)  The withdrawal of the Flood Team’s objection following receipt of a Flood Risk Assessment;

2)  In the event that the S.106 is not completed and the Flood objection cannot be addressed that the Panel delegated authority to the Service Lead Planning, Infrastructure and Development for a refusal of the application on these grounds


Additional and Amended Conditions


03. APPROVAL CONDITION - Hours of Use - Performance Condition

Unless the Local Planning Authority agree otherwise in writing, the premises to which this permission relates shall not be open for business outside the hours specified below:-

10.00 am to 02.00 am Monday to Sunday including recognised Public Holidays.

REASON: To protect the amenities of the occupiers of nearby residential properties.


11.  APPROVAL CONDITION - Register of Members - Performance Condition

The basement area shall be operated as a private members club (sui generis use) and a register of members shall be maintained and made available for inspection by the Local Planning Authority.  Details of how the membership scheme will be operated shall be agreed in writing with the Local Planning Authority prior to the first use of the basement for its approved use, with the premises operated in accordance with the agreed scheme thereafter.

REASON: To ensure the club is operated and managed in a manner which would be minimise the potential impact on the amenity of local residents given the permitted operating hours extending beyond midnight.

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