| 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) except as shall be otherwise agreed in writing by the Local Planning Authority.
(Drawing No’s Site Location Plan) (received 15/09/2025)
Drawing No’s A100/ A101/ A102/ A104/ A105 (received 17/09/2025).
Reason
To define the permission and for the avoidance of doubt.
03
The premises shall not be used for commercial cooking of food unless an Odour Impact Assessment including the following information has been submitted to and approved in full by the Local Planning Authority: The report shall:
• Determine the potential of adverse impact on neighbouring premises from the odours associated with cooking;
• Detail the necessary odour mitigation measures that are required to ensure the occupiers of the nearby sensitive premises are not adversely affected by odours associated with cooking; and
• Provide details of an odour abatement system to include; positioning and design of extraction equipment; manufacturers details of the equipment proposed including odour abatement techniques; odour dispersion modelling as necessary to predict impact at sensitive receptors; detailed plans of the odour abatement system including filtration systems, external location of flues and ventilation termination points.
• Carry out all works as identified in the Odour Impact Assessment as agreed with the Local Planning Authority in order to protect nearby sensitive receptors.
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 part 15 of the NPPF.
04
No mechanical ventilation, air conditioning / refrigeration 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 0dB(A) above 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.
05
No amplified music/audio played inside the building shall be audible at the boundary of the nearest noise sensitive receptor.
Reason:
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and part 15 of the NPPF.
INFORMATIVE
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 impact on habitat is de-minimis.
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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