| 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 location plan and the development shall only take place in accordance with the submitted details and specifications and as shown on the approved plans
Drawing number 21/3295/003/A received 5 January 2022
Reason
To define the permission and for the avoidance of doubt.
03
The café, licensed bar/ restaurant areas, and rear external drinking area as indicated in the ground floor plan (Drawing No.(PL)03), dated 30 August 2024, shall only be open to customers between the hours of 09:00hrs –23:00hrs Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with part 15 of the NPPF and RMBC Policy SP52.
04
There shall be no playing of amplified music or audio to the rear external drinking area as indicated in the ground floor plan (Drawing No.(PL)03), dated 30 August 2024.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with part 15 of the NPPF and RMBC Policy SP52.
05
All windows and doors (except for ingress and egress purposes) to the front and rear elevations shall remain closed between the hours of 21:00hrs until 23:00hrs.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with part 15 of the NPPF and RMBC Policy SP52.
06
The tattoo and vape shop as indicated in the ground floor plan (Drawing No.(PL)03), dated 30 August 2024, shall only be open to customers between the hours of 10:00hrs – 18:00hrs Mondays to Sundays.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with part 15 of the NPPF and RMBC Policy SP52.
07
The fencing to the rear drinking area as indicated in the fencing details plan (Drawing No.(PL)05), dated 04 September 2024 shall be of solid construction with no gaps and shall have a minimum mass of 10 kg/m2, and shall be erected before the development is brought into use, and thereafter retained and maintained.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with parts 12 and 15 of the NPPF and RMBC Policy SP52.
08
Other than the approved cooking odour extraction plant, no noise generating
external fixed plant including refrigeration and air conditioning units 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 no more than 0dB(A) above the prevailing background levels, outside the boundary of the nearest noise sensitive property during the quietest measured period.
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
All cooking fumes shall be exhausted from the building via an extraction system which as a minimum shall include carbon filtration (with a 0.1 second residence time). The extraction shall terminate at a minimum of 1m above the eaves of the building and at a minimum velocity of 10m/s as specified in the Airclean Kitchavent Grease Smoke Odour Control Solution and the Odour Risk Assessment documents. 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 and promote sustainable development in accordance with parts 12 and 15 of the NPPF and RMBC Policy SP52.
10
No external artificial floodlighting shall be installed on any part of the development until full and precise details have been submitted to and approved in writing by the Local Planning Authority. The lighting scheme shall include the following information:
• The proposed hours of operation of the lighting
• The location and specification of all of the luminaires
• The proposed design level of maintained average horizontal illuminance for the areas that needs to be illuminated.
• The predicted vertical illuminance that will be caused by the proposed lighting when measured at windows of any properties in the vicinity.
• The measures that will be taken to minimise or eliminate glare and stray light arising from the use of the lighting that is caused beyond the boundary of the site.
• The methods of switching and controlling the lighting so that it is only operated at the permitted times and at times when it is required.
Regard shall be had to the guidance detailed in the Institute of Lighting Professionals - Guidance Note 01/21 – Reduction of Obtrusive Light.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development in accordance with part 12 and 15 of the NPPF and RMBC Policy SP52.
Informatives
01 BNG
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 impact on habitat is de-minimis).
02 – Signage
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 - Shopfront
The granting of this planning permission does not authorise any alteration to the
shopfront related to the development.
Positive and Proactive Statement
Whilst the applicant did not enter into any pre application discussions with the Local Planning Authority, the proposals were in accordance with the principles of the National Planning Policy Framework and did not require any alterations or modification.
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