| 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 (as set out below)
• Location Plan, drawing number A-010, revision E
• Block Plan, drawing number A-020, revision F
• Proposed Site Plan, drawing number A-101, revision K
• Existing Site Plan, drawing number A-102, revision F
• Proposed Elevations, drawing number A-302, revision D
• Existing & Proposed Roof Plan, drawing number A-261, revision B
• Existing & Demolition GA Floor Plan, drawing number A-220, revision C
• Existing and Demolition Elevations, drawing number A-301, revision C
• Proposed Floor Plan, drawing number A-231, revision B
• Refuse Enclosure Details, drawing number A-219, revision C
Reason
To define the permission and for the avoidance of doubt.
03
Prior to installation of the fences and planters within the patio area shown on the approved plans, details including the elevations, materials and height of the fences and planters shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the approved patio area is brought into use.
Reason
In the interests of visual amenity in accordance with Local Plan Policies CS28 ‘Sustainable Design’ and SP55 ‘Design Principles’.
04
Prior to installation of the drive thru barrier at the entrance of the approved drive thru, details, including the elevation, materials and height of the drive thru barrier shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented before the drive thru is brought into use.
Reason
In the interests of visual amenity in accordance with Local Plan Policies CS28 ‘Sustainable Design’ and SP55 ‘Design Principles’.
05
Before the development is brought into use, that part of the site to be used by vehicles shall be properly constructed with either
a/ a permeable surface and associated water retention/collection drainage, or;
b/ an impermeable surface with water collected and taken to a separately constructed water retention / discharge system within the site.
The area shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained.
06
Before the development is brought into use, the car and lorry parking / unloading areas shown on the approved drawing number A-101 shall be provided, marked out and thereafter maintained for car parking.
Reason
In the interests of road and pedestrian safety.
07
The materials to be used in the construction of the external surfaces of the restaurant building and refuse enclosure hereby permitted shall be in accordance with the details shown on approved drawings numbers A-219, A-231, A-261 and A-302. 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 Local Plan Policy CS28 ‘Sustainable Design.
08
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 1m above the eaves of the building and at a minimum velocity of 10m/s. The extraction/filtration system shall be operated and maintained in accordance with the manufacturer’s specifications (and as detailed in section 9 of the Odour Impact Assessment by Cushman & Wakefield, dated July 2026). The system shall be operated effectively during cooking.
Reason
To safeguard the amenities of the occupiers of nearby residential properties in accordance with Local Plan Policy CS28 ‘Sustainable Design, SP22 ‘Hot Food Takeaways’ and SP52 ‘Pollution Control’.
09
The combined noise from all external fixed plant and equipment on site shall be effectively controlled so that the combined Noise Rating Level of noise from all such plant and equipment does not exceed the representative background noise level as assessed in accordance with the methodology and principles set out in BS 4142:2014+A1:2019 Methods for Rating and Assessing Industrial and Commercial Sound at the nearest noise sensitive dwellings as detailed in Figure 3 and Table 2 of the Noise Impact assessment prepared by Hann Tucker Associates, dated 1 July 2026 (Ref: 33014/PNA1). All external fixed plant and equipment located on site shall be maintained following installation and throughout the lifetime of the consent.
Reason
To safeguard the amenities of the occupiers of nearby residential properties in accordance with Local Plan Policy CS28 ‘Sustainable Design and SP52 ‘Pollution Control’.
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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