| Conditions / Reason for Refusal: |
Conditions
General
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 and documents (as set out below)
2478-02 REV C – Proposed Elevations
2478-03 REV E – Proposed Floor/Roof Plans
2478-07 REV C – Parking Plan
Reason
To define the permission and for the avoidance of doubt.
03
The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those as detailed on the submitted plans and application form.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Drainage
04
The site shall be developed with separate systems of drainage for foul and surface water on and off site. The separate systems should extend to the points of discharge to be agreed prior to works commencing on the extension hereby approved.
Reason
In the interest of satisfactory and sustainable drainage.
05
There shall be no piped discharge of surface water from the development prior to the completion of surface water drainage works, details of which will have been submitted to and approved by the Local Planning Authority prior to works commencing on the extension hereby approved. If discharge to public sewer is proposed, the information shall include, but not be exclusive to:
a) evidence to demonstrate that surface water disposal via infiltration or watercourse are not reasonably practical;
b) evidence of existing positive drainage to public sewer and the current points of connection; and
c) the means of restricting the discharge to public sewer to the existing rate less a minimum 30% reduction, based on the existing peak discharge rate during a 1 in 1 year storm event, to allow for climate change.
Reason
To ensure that no surface water discharges take place until proper provision has been made for its disposal and in the interest of sustainable drainage.
Highways
06
Before the development is brought into use the car parking area shown on the submitted plan shall be provided, marked out and thereafter maintained for car parking.
Reason
To ensure the provision of satisfactory garage/parking space and avoid the necessity for the parking of vehicles on the highway in the interests of road safety.
07
Deliveries shall be carried out in accordance with the submitted Delivery Management Plan, received 19 February 2026.
Reason
In the interest of highway safety.
General Amenity
08
The restaurant use hereby permitted shall only be open to customers between the hours of 12:00 and 22:00.
Reason
To safeguard the amenities of the occupiers of nearby properties.
09
The retail use hereby permitted shall only be open to customers between the hours of 07:00 and 22:00.
Reason
To safeguard the amenities of the occupiers of nearby properties.
10
There shall be no deliveries to the site between the hours of 21:00 and 07:00.
Reason
To safeguard the amenities of the occupiers of nearby properties.
11
The maximum combined sound pressure level (LPA) of the 3no. condenser units hereby approved shall not exceed 64dB(A) at 1m as specified in Table 2 of the Industrial/Commercial Noise Assessment, by Air Pressure Testing Limited, dated May 2026 (Ref: PA2133).
The 3no. condenser units shall be located as detailed in Figure 2 of the Industrial/Commercial Noise Assessment, by Air Pressure Testing Limited, dated May 2026 (Ref: PA2133).
Fixed plant shall only operate between the hours of 07:00 and 22:00.
Reason
To safeguard the amenities of the occupiers of nearby properties.
12
Except for the 3no. approved condenser units as detailed in the Industrial/Commercial Noise Assessment, by Air Pressure Testing Limited, dated May 2026 (Ref: PA2133) and the cooking odour extraction plant to be installed in the existing chimney, no other noise generating fixed plant including mechanical ventilation, air conditioning / refrigeration compressor units or 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 and 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 to 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.
13
All cooking fumes shall be exhausted from the building via an extraction system to be submitted to and approved by the Local Planning Authority before installation. The system shall include as a minimum, grease filtration followed by either:
• Fine filtration or Electrostatic Precipitator (ESP) followed by carbon filtration (carbon filters rated with a 0.2-0.4 second residence time); or
• Fine filtration or Electrostatic Precipitator (ESP) followed by UV ozone system to achieve the same level of control as specified above
Extraction shall terminate at a minimum of 1m above the eaves of the building and at a minimum velocity of 15m/s. The extraction/filtration system shall be operated and maintained in accordance with the manufacturer’s specifications. The system shall be operated effectively during cooking.
Reason
To safeguard the amenities of the occupiers of nearby properties.
Restrictions
14
The retail unit hereby permitted and as shown on drawing 2478 – 03 as ‘New Shop’ shall be used for Use Class E(a) only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, as amended.
Reason
The premises are not considered suitable for general use within the Class quoted for highway and amenity reasons
15
The restaurant hereby permitted and as shown on drawing 2478 – 03 within the existing building shall be used for Use Class E(b) only and for no other purpose (including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order, as amended.
Reason
The premises are not considered suitable for general use within the Class quoted for highway and amenity reasons
Informatives
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
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
SY Police Designing Out Crime Officer has advised that the development should be built to secured by design (www.securedbydesign.com). They recommend that:
• All external doors must meet one of the following: PAS 24:2022, LPS 1175 SR 2, STS 201 or STS 202 BR2.
• Any glazing used at ground floor level must be laminated, all entrances should be well lit.
• The Car Park should be well lit with no dark areas; all landscape should be kept low to aid surveillance.
• Lighting design should be co-ordinated with any 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 external bin stores should be lockable to prevent attempted arson attacks.
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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