| 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 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.
Reason
To define the permission and for the avoidance of doubt.
03
A scheme for sound insulation shall be submitted to and agreed by the Local Planning Authority to ensure that there is no loss of amenity to the occupiers of the first floor flat (263a Wickersley Road), and the adjoining residential first floor flat (265a Wickersley Road). The scheme shall take account of the ventilation of the rooms, and the sound insulation shall conform to BS8233:2014 (indoor ambient noise levels for habitable rooms), and be sufficient to prevent noise disturbance. The approved details shall be implemented before the development is brought into use.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
04
The premises shall only be open to customers between the following hours: Mondays to Wednesdays 09:00hrs until 21:00hrs, Thursdays 09:00hrs until 21:30hrs, Fridays & Saturdays 09:00hrs until 22:30hrs, Sundays 09:00hrs until 21:00hrs.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
05
There shall be no deliveries/refuse collection to the premises outside the hours of 08.30hrs until 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 & 15 of the NPPF.
06
The proposed use of the premises shall only take place indoors as outlined in the Existing & Proposed Plans, Elevations, Proposed Site Plan & Site Location Plan, dated March 2025 (Drawing No. A25-06-01 - Revision P1). No mobile commercial facilities or 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 & 15 of the NPPF.
07
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 & 15 of the NPPF.
08
No amplified music/amplified vocals other than background (incidental) music shall be played indoors as indicated in the Existing & Proposed Plans, Elevations, Proposed Site Plan & Site Location Plan, dated March 2025 (Drawing No. A25-06-01 - Revision P1). 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 & 15 of the NPPF.
09
There shall be no amplified music/amplified vocals played outdoors.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
10
No cooking of food shall take place on site until details of a kitchen extract system have been submitted to and approved in writing by the Local Planning Authority. The details shall provide the following information:
- A risk assessment for odour which considers amount and type of food that will be cooked together with the proposed dispersion of odours and proximity of receptors likely to be affected by any cooking odours.
- Based on the risk assessment, details of the proposed methods of odour control and dispersion of any extracted odours.
- Details showing the proposed location of all the major components of the extract system.
- The proposed ongoing maintenance schedule that will carried out to ensure that the extract system continues to effectively control odours.
Before the cooking of food commences, the approved extract system shall be installed and thereafter retained and maintained in accordance with the approved details.
Competent Person – Footnote
The risk assessment for odour must be carried out by competent person/s and in line with current best practice and guidance. Applicants are referred to guidance provided by EMAQ: Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems (V2) (2022).
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
11
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.
Competent Person – Footnote
All noise assessments must be carried out by a competent person. Developers may wish to contact the Association of Noise Consultants http://www.association-of-noiseconsultants.co.uk/ (020 8253 4518) or the Institute of Acoustics http://www.ioa.org.uk (0300 999 9675) for a list of members.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
12
No disposal of recyclable waste at the rear of the premises shall take place between 20.00hrs and 08.30hrs
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 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.
03
The Police Designing Out Crime officer advises the following;
- This development would benefit from being refurbished to Secured by Design
standards.
All external doors must meet one of the following:
PAS 24:2022
LPS 1175 SR 2
STS 201 or STS 202 BR2
More information can be found at www.securedbydesign.com
- Any glazing used at ground floor level must be laminated.
- All entrances should be well lit.
- Car Parking areas should be well lit with no dark areas, Lighting design should be co-ordinated with a CCTV installation to avoid any conflicts and to ensure that the lighting is sufficient to support a CCTV system. Light fittings should be protected where vulnerable to vandalism and the lighting scheme in line with standard BS5489.
- Any bin stores should be lockable to prevent attempted arson attacks.
POSITIVE AND PROACTIVE STATEMENT
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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