Rotherham Metropolitan Borough Council Council Online Planning - Decision Notice Summary

Planning Application Number: RB2025/0296
Site Address: 24 Westgate Rotherham Town Centre 0024
Description: Application to remove condition 03 (to allow hot food preparation and installation of extraction system to the rear) and vary condition 04 (now condition 02) (opening times from 10:00 until 00:00 Sundays to Thursdays and 10:00 until 02:00 (the following day) Fridays and Saturdays) imposed by RB2017/1110
Officer Recommendation: GRANTED CONDITIONALLY
Officer Recommendation Date: 16 June 2025
Decision Date: 16 June 2025
Decision Type: GRANTED CONDITIONALLY
Temporary Expiry Date:
Decision Level/Committee: Proposed to be Delegated
Conditions / Reason for Refusal: 01 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 General Layout T/17/01, received 19 July 2018 00682-02 – Elevations 00682-03 - Elevations Reason To define the permission and for the avoidance of doubt. 02 The premises shall only operate between the hours of 10:00 until 00:00 Sundays to Thursdays and 10:00 until 02:00 (the following day) Fridays and Saturdays. Reason In the interests of the amenities of the occupiers of nearby dwellings 03 The extraction system hereby proposed on the rear elevation of the property shall be painted or powder coated black before it is brought into use and shall thereafter be maintained. Reason In the interests of visual amenity. 04 The maximum sound power level (LwA) of the extractor fan shall not exceed the level specified in section 11.2, Table 2.0 of the Noise Impact Assessment, prepared by Noise Assessments Limited, dated 28th April 2025 (Project No: NALPRO170325.01). Reason To safeguard the amenities of the occupiers of nearby properties. 05 The fan mounted silencer as shown on the submitted drawings shall be installed to the extractor fan, prior to the extraction system being brought into use and it shall achieve a minimum sound reduction of 21dB as detailed in section 16.6 and as specified in appendix A of the Noise Impact Assessment, prepared by Noise Assessments Limited, dated 28th April 2025 (Project No: NALPRO170325.01). Reason To safeguard the amenities of the occupiers of nearby properties. 06 Prior to the extraction system being brought into use anti-vibration mountings shall be installed in order to minimise the transfer of vibration between the extract fan and the ductwork as specified in Section 16.2 of the Noise Impact Assessment, prepared by Noise Assessments Limited, dated 28th April 2025 (Project No: NALPRO170325.01). Reason To safeguard the amenities of the occupiers of nearby properties. 07 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. The system shall be operated effectively during cooking. Reason To safeguard the amenities of the occupiers of nearby properties. Informatives 01 The applicant is advised that level access into the premises may be required as part of the DDA compliance. 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. 03 Please note that the premises have a permitted planning use that falls under Use Class E (b) – Sale of food and drink for consumption (mostly) on the premises. This does not permit the unit to be used as a Hot Food Takeaway (use class Sui Generis). Should you wish to use the premises as a Hot Food Takeaway a planning application will be required prior to any change. 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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