| Conditions / Reason for Refusal: |
01
The cooking odour extraction system shall only be operated between the hours of 11.30hrs – 22.00hrs 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.
02
Prior to first use of the cooking odour extraction system, all mitigation measures as specified in sections 6.2-6.4 of the Extract Plant Noise Assessment undertaken by Acoustic & Engineering Consultants Ltd, dated 12th November 2024 (Ref:P5275/R01b/DMT) shall be carried out in full, and the extraction system shall be maintained following installation and throughout the lifetime of the consent.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
03
Noise from the cooking odour extraction system shall not exceed the levels specified in Section 3.7 of the Extract Plant Noise Assessment undertaken by Acoustic & Engineering Consultants Ltd, dated 12th November 2024 (Ref:P5275/R01b/DMT) when measured at 3m from the fan and associated ductwork (at location A as shown in figure 2.2). The 51dB LAeq maximum shall apply between the hours of 11.30hrs – 21.00hrs and the 48dB LAeq maximum shall apply between the hours of 21.00hrs – 22.00hrs.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and parts 12 & 15 of the NPPF.
04
Condition
All cooking fumes shall be exhausted from the building via an extraction system which as a minimum shall include one of the following options as specified in the Odour Risk Assessment undertaken by Vale Air Quality Consulting Limited, dated August 2024 (Ref: VAL-24-0045), in order to reduce cooking odours:
Option A: Grease filter and fine filtration/electrostatic precipitator (ESP), followed by carbon filtration (with a 0.2- 0.4 second residence time); or
Option B: Grease filter and fine filtration/electrostatic precipitator (ESP), followed by UV ozone system, to achieve the same level of odour control as in Option A.
Ducting shall terminate at a minimum of 1m above the eaves of the building and air shall be extracted at a minimum velocity of 10m/s. The extraction/filtration system shall be operated whenever the cooking of food is undertaken and be maintained in accordance with the manufacturer’s specifications.
Except for the purposes of access and egress, no external doors or windows shall be open in the kitchen area whilst the cooking of food is taking place.
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
This development is not subject to the statutory Biodiversity Gain Plan condition because of the declaration on the application form that the development was exempt (because the application is retrospective).
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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