| Conditions / Reason for Refusal: |
01
The permission hereby granted shall relate to the area shown outlined in red on the approved location 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:
Revised layout plan TLB-PL-07 Rev A received 14 July 2026
Reason
To define the permission and for the avoidance of doubt. Informatives Drainage
02
The premises shall only be open to customers between the hours of 09:00 and
23:00hrs Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and part 15 of the NPPF.
03
Deliveries shall only take place between the hours of 09:00 and 21:00hrs Mondays
to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
04
Tables and associated seating situated outdoors shall only be placed on the paved area directly in front of the premises as detailed on the revised layout plan TLB-PL-07 Rev A received 14 July 2024. The external area shall only be used by customers between the hours of 09.00 and 21.00 Monday to Sunday.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
05
All windows and doors to the premises shall remain closed between the hours of 21:00hrs and 23:00hrs, 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 part 15 of the NPPF.
06
No amplified music other than background (incidental) music shall be played indoors. No amplified music or amplified vocals shall be audible outside the boundaries of the nearest noise sensitive premises. There shall be no amplified music or amplified vocals played outdoors.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
07
No cooking of food shall take place on site until details of a kitchen extract system is 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 An odour impact assessment 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 and 15 of the NPPF.
08
No noise generating fixed plant including (but not limited to) mechanical ventilation,
air conditioning / refrigeration compressor units 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 5dB(A) below the prevailing background levels, outside the boundary of the nearest noise sensitive property.
Competent Person – Footnote All noise assessments should be carried out by a
competent person. Developers may wish to contact the Association of Noise
Consultants http://www.association-of-noise consultants.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.
09
The area on the submitted layout plan ref TLB-PL-07 Rev A shown as a clear pedestrian walkway 1.2m in width shall be marked on the ground and shall be maintained at all times. The temporary access ramp shall only be used when required for access/egress and shall be stored within the premises at all other time
Reason
To safeguard the amenities of pedestrians in accordance with RMBC Policy SP52 and part 15 of the NPPF.
10
Prior to the first use of the external seating area the approved barrier shown on plan ref TLB-PL-07 Rev A shall be permanently installed on the edge of the footpath and shall thereafter be retained whilst the seating area remains in use.
Reason
To safeguard the amenities of pedestrians in accordance with RMBC Policy SP52 and part 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
This application does not approve the already installed retractable canopy for which a separate planning application is 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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