| Conditions / Reason for Refusal: |
The Development Management Procedure Order 2015 requires that planning authorities provide written reasons in the decision notice for imposing planning conditions that require particular matters to be approved before development can start. Condition 06 of this permission require matters to be approved before development works begin; however, in this instance the condition is justified because:
i. In the interests of the expedient determination of the application it was considered to be appropriate to reserve certain matters of detail for approval by planning condition rather than unnecessarily extending the application determination process to allow these matters of detail to be addressed pre-determination.
ii. The details required under condition 06 are fundamental to the acceptability of the development and the nature of the further information required to satisfy the condition is such that it would be inappropriate to allow the development to proceed until the necessary approvals have been secured.’
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 permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans (as set out below).
Proposed Site Plan – Received 10/03/2025
Proposed Floor Plans - Received 10/03/2025
Proposed Kitchen & Bathroom Floor Plans - Received 10/03/2025
Proposed Dining and Bar Area - Received 10/03/2025
Reason
To define the permission and for the avoidance of doubt.
03
The premises shall only be open to customers between the hours of 12:00hrs and 23:00hrs Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
04
There shall be no deliveries to the premises outside the hours of 10:00hrs and 20:00hrs Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
05
The proposed use as a drinking establishment shall only take place indoors. No seats or tables shall be placed outdoors.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
06
Prior to the commencement of the development all soundproofing insulation measures shall be carried out as specified in Section 7 (Suggested Sound Level Mitigations) of the Noise Impact Assessment by ISO Consultants, dated 05th March 2025 (Project No: IAISRT050325.01). This includes the following works to the whole of the ground floor ceiling of the commercial premises:
? The installation of a timber frame with 200mm void depth;
? Installation of a minimum of 100mm mineral wool insulation (to be inserted within the
void);
? Installation of resilient bars (acoustic isolation bars); and
? Installation of 2No. 15mm thickness (total 30mm thickness) acoustic plasterboard
07
No live or amplified music other than background (incidental) music shall be played indoors as indicated in the Internal Layout plan dated 10/11/23 (drawing no.001). No music shall be audible beyond the site boundary.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
08
No mechanical ventilation, air conditioning / refrigeration or cooking odour extraction plant shall be installed in any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The details shall include a BS4142:2014+A1:2019 noise assessment which has been carried out by a competent person (see footnote) and include 1/3 octave frequency analysis with appropriate corrections for acoustic features and shall detail any mitigation measures, physical or operational to achieve a maximum cumulative plant Noise Rating Level of no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
09
All windows and doors to the premises shall remain closed between the hours of 21:00hrs and 09:00hrs, except to allow the ingress and egress of persons.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 and 15 of the NPPF.
Informatives:
01
INF 39 – LICENCING APPLICATIONS
The planning permission granted does not override the necessity to obtain the appropriate licence from the relevant licencing authority, such as where alcoholic drinks are to be sold from the site.
02
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.
POSITIVE AND PROACTIVE STATEMENT
During the determination of the application, the Local Planning Authority worked with the applicant to consider what amendments were necessary to make the scheme acceptable. The applicant agreed to amend the scheme so that it was in accordance with the principles of the National Planning Policy Framework.
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