Agenda item

To consider the report by the Director for the Economy, attached as Item 7.

The Planning Services Manager delivered an Enforcement Report on Karma Lounge, 171-173 Tarring Road, Worthing, clarifying that there were no further additions to the report and explaining the background and development of the site.

There were three representations from registered speakers, one in objection to the Enforcement Report from a director of the company that owned Karma Lounge. There were two in favour of the Enforcement Report, one from the Ward Councillor and one from a resident, living adjacent to the site.

The comments of those speaking in favour of the Enforcement Report encompassed aspects of noise and disruption due to the site having an outside drinking area with some fixed seating, excessive noise due to two recent events held at the premises, the remodelling of the business to reflect demand in the area and required planning permission.

Members raised questions to the speakers including issues about the wall around the outside seating area, the fact that some of the seating was fixed and so unable to be removed when the premises were shut and the fact the original intended use of the site was a bakery / pizzeria but that it now appeared to be a bar with some food served.

The Senior Legal Officer clarified for the committee that they should be certain to focus on planning matters alone in respect of this item and to avoid any aspect which was a licensing concern.

The Planning Services Manager noted that it had become evident to him that the Karma Lounge was a premises that required planning permission but in the absence of such an application the Enforcement Report had become necessary.

The Senior Legal Officer explained that not all breaches of planning control are necessarily included within an Enforcement notice and that the ethos of enforcement was expediency, (i.e. necessity) and proportionality. In addition there was a right of appeal against an Enforcement notice if the steps were considered excessive for example. She explained that the recommendation to the committee was to delegate authority to the Head of Legal Services to serve the Enforcement notice but that he and the Officers would use their discretion to look at all the evidence and decide whether any of the steps recommended within the Enforcement Notice were excessive or readily enforceable.

The Senior Legal Officer clarified for the committee that 30 days’ notice is usually given before an Enforcement notice comes into force (there is a statutory period) and if an appeal is lodged the Enforcement notice would not take effect until the appeal had been considered.

An adjournment was held at 7.24 pm for a discussion between the Chair and Officers.

The meeting was reconvened at 7.35 pm.

Following the adjournment, the applicant committed to submitting a planning application by 30 June.

The Chair advised the committee that the Officers had a proposed revision to the recommendation which the Senior Legal Officer read out -

The committee was recommended to delegate authority to the Head of Legal Services to serve an enforcement notice which would not take effect until the 1st July 2022 in connection with the unauthorised use and associated operational development to ensure that the use could only continue in accordance with the following matters to make it acceptable in planning terms to the local planning authority.

The Planning Services Manager explained that this postponement would allow for a planning application being offered by the owner of Karma Lounge to be forthcoming by 30th June 2022 which would then render the Enforcement Notice unnecessary if granted.

Councillor Silman requested that it be on record that she had requested that the wording on item 2 of the recommendation be changed from chairs to seating.

The Committee agreed to defer to the Officers revised recommendation and voted unanimously in favour of it.