| 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 as shown on the approved plans (as set out below)
(Drawing numbers
2017-088-111_Proposed Site Plan
2017-088-342_Unit 4 Ga Ground & First Floor Plans
2017-088-342_Unit 4 Ga Elevations
C3845-GA01 – Extract Hood System
C3845-GA01 – Mr Whippy – Ventilation GA INC HOOD REV A)
(received 26.06.26).
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 be in accordance with the details provided in the submitted application form/shown on drawing nos elevations 2017-088-342_Unit 4 Ga Elevations. The development shall thereafter be carried out in accordance with these details.
Reason
To ensure that appropriate materials are used in the construction of the development in the interests of visual amenity and in accordance with Core Strategy CS28 ‘Sustainable Design.
Environmental Health – Noise
04
Prior to first use of the cooking odour extraction unit and the air handling unit, all recommended mitigation measures, including the installation of silencers and the erection of an acoustic enclosure, as detailed in Section 6 of the Noise Assessment, undertaken by Air & Acoustic Consultants, dated 11th September 2026 (Project No: 101172) shall be implemented in full and thereafter all mitigation measures shall be retained and maintained in effective working order for the lifetime of the development.
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
Prior to the first use of the cooking extraction unit and air handling unit, a post-installation noise validation report shall be submitted to and approved in writing by the Local Planning Authority. The report shall be prepared by a suitably qualified acoustic consultant (see footnote) and shall demonstrate that the cumulative BS4142:2014+A1:2019 Noise Rating Level from all fixed plant associated with the development is no greater than 4dB above the representative background sound level (LA90,T) at the nearest residential receptors. The report shall include details of the measurement methodology, operating conditions of all plant, assessment calculations, and confirmation of all mitigation measures installed. The approved plant shall thereafter be operated and maintained in accordance with the validated scheme for the lifetime of the development.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
Environmental Health – Odour
06
All cooking fumes shall be exhausted from the building via an extraction system. 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 0.5m above the eaves of the building and at a minimum velocity of 13m/s, and the extraction/filtration system shall be operated in accordance with the manufacturer’s specifications and regularly maintained. The system shall be operated effectively during cooking.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and parts 12 & 15 of the NPPF.
Informative
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.
Positive and Proactive Statement
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority for this development, the proposals were in accordance with the principles of the National Planning Policy Framework and following clarifications and the additional noise and odour assessment did not require any further alterations or modification.
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