It’s proposed that customers would reach the proposed new basement restaurant in the cellar of the old British Legion building by walking down this alley and turning right. The entrance to “Off Edge” – the new office development on the upper floors of the old Legion building – is on the right.

Penarth Town Council is to recommend refusal of a planning application to convert the disused cellar of the former British Legion building in Station Approach into a new restaurant.

The application has been made by DS Holdings (Penarth) Ltd  which is asking for “change of use” of the ground floor and cellar of the former British Legion building from what’s called “sui-generis” use [ i.e. unique use by the Legion] to Class A3 [restaurant] use.

The upper floors of the former British Legion building have already been converted into suites of up-market offices – and the developers were keen to find a new use for part of the ground floor and the basement cellar.

It’s proposed the new restaurant (coloured purple on this plan – looking down vertically) would occupy the rear ground floor and the cellar of the old British Legion building on Station Approach

In the normal course of events, such applications would normally considered by councillors in a meeting of the full Penarth Town Council planning committee. However, this application was one of 3 which were considered  only by the chairman of the planning committee, Cllr Nigel Humphrey (Labour St Augustines), and the vice-chairman of the planning committee Cllr Mike Cuddy (Labour St Augustines) who is also Leader of the council.

Cllrs Humphrey and Cuddy said in their observations  that “Given the proximity of residential areas, the uncertainties regarding rights of way/ access and the discrepancies regarding the internal plan it is recommended [ to the Vale of Glamorgan Council planning department] that the application be REFUSED until or unless the issues addressed are resolved”.

No other members of the Penarth Town Council planning committee were involved making this recommendation, nor in subsequently endorsing it – as is the usual procedure.

The final decision will be made by a “delegated ” planning officer in the Vale of Glamorgan Council’s planning department  – and will not be further considered by Vale councillors unless it is “called in” by one of them .

Prior to this week’s Penarth Town Council planning committee (the first since the August break),  7 planning applications had already been determined on a “delegated” basis by the Town Clerk and 3 planning applications had already been  determined by the “Chair and Vice Chair”  .

This left no planning applications at all to be considered by the full (and nominally 8-member )  Penarth Town Council planning committee and – by default – excluded the input of its 2 Conservative members .

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  1. Penileaks says:

    Cllrs Humphrey and Cuddy may well be correct in the reasons that they have given for recommending refusal of this particular application, but allowing only two members of the full Planning Committee to come to a decision on this and two other planning applications, is surely not correct and sets a very dangerous precedent for any further applications by anyone in the future, as it would mean that only two Labour councillors (in this case), would hold full Penarth Town Council recommendation powers. Eventually this might be reduced to one and whether they were Labour, Conservative, or of any other political persuasion, it could lead to personal political beliefs, or just personal friendships clouding fair and impartial decisions.
    Cllrs Humphrey and Cuddy and the party they represent should be more careful about being seen to be open with PTC affairs – openness and fairness is what the people of Penarth want and expect, not closed shop private groups from whatever party, taking these decisions.

  2. A Smith says:

    Presumably the new owners of the Legion Building have acquired the lease to the rear of the building back (old flour store?) from the Royal Buildings owners then?

    I have heard in the days of the Legion Club this lease was always shrouded in mystery for some reason. Apparently the officers of the club who knew would just sheepishly claim not to know anything about if asked.

  3. Denzil says:

    Application has now been withdrawn. No mention why though.

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