| Conditions / Reason for Refusal: |
01
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
Reason
To define the permission and for the avoidance of doubt.
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
The proposed use as a drinking establishment shall only take place indoors. No seats or tables shall be placed outdoors.
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.
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.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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