| Conditions / Reason for Refusal: |
01
The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The use hereby permitted shall only be open to customers between the hours of 0800 - 2300 Mondays to Thursday, 0800 – 23.30 on Fridays 0900 – 2330 on Saturdays and 1000 - 2300 on Sundays.
Reason
In the interests of the amenities of the occupiers of nearby dwellings and in accordance with UDP Policy ENV3.7 ‘Control of Pollution’.
03
The use hereby permitted shall only be open for deliveries between the hours of 0800 - 2000 Mondays to Fridays 0900 – 2000 on Saturdays and 1000 – 20:00 on Sundays.
Reason
In the interests of the amenities of the occupiers of nearby dwellings and in accordance with UDP Policy ENV3.7 ‘Control of Pollution’
04
All cooking fumes shall be exhausted from the building via a suitable extraction and/or filtration system. This shall include discharges at a point not less than one metre above the highest point of the ridge of the building or any such position as may be agreed in writing by the Local Planning Authority prior to the commencement of the development. The extraction/filtration system shall be maintained and operated in accordance with the manufacturer's specifications, details of which shall be submitted to and approved by the Local Planning Authority prior to installation and it shall thereafter be operated effectively during cooking. All systems shall take into account the document 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems' published by DEFRA January 2005.
Reason
So as to ensure correct dispersion of cooking odours to avoid disamenity to the locality and in accordance with UDP Policy ENV3.7 ‘Control of Pollution’.
Informative(s)
01
INF 12 Provision of a litter bin
It is recommended that a litter bin is provided on the forecourt to/within the said building for use by the customers of the said premises. The bins should be regularly emptied, and should be kept in a tidy condition. The provision of bins in the public highway would require consent from the Council’s Streetpride Service.
02
INF 23 Adverts
The granting of this planning permission does not authorise any signage to be erected related to the development. Such signage is controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and a separate application for advertisement consent may be required.
03
The granting of this planning permission does not authorise any new shutters to the front of the building, if these are required a separate application for planning permission would be required.
STATEMENT OF REASONS FOR DECISION TO GRANT PLANNING PERMISSION
Having regard to the Development Plan and all other relevant material considerations as set out below:
Development Plan
Local Planning Policy (Unitary Development Plan)
UDP Policy RET1.2 ‘Prime Shopping Streets.’
UDP Policy ENV3.7 ‘Control of Pollution.’
Other relevant material planning considerations
Council’s Car Parking Standards (adopted June 2011)
National Planning Policy Framework: The NPPF came into effect on March 27th 2012 and replaced all previous Government Planning Policy Guidance (PPGs) and most of the Planning Policy Statements (PPSs) that existed.
It advocates a presumption in favour of sustainable development and sets out what could make a development unsustainable with regard to economic, social and environmental considerations.
For the following reasons:
It is considered that the proposed use although not an A1 use would bring a vacant unit back into use and would contribute to the vitality and viability of the wider town centre. Given the existing mix of uses and the extent of the Prime Shopping Street it is considered that the proposal would not undermine the retail character of the area and therefore would not conflict with UDP Policy RET1.2.
Furthermore, in this location it is considered that the proposal would not result in any loss of residential amenity or give rise to any issues in terms of highway safety.
The forgoing statement is a summary of the main considerations leading to the decision to grant this application. More detailed information may be obtained from the Planning Officer’s report; the application case files and associated documents.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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