| 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)
(Amended Site Plan 01 A) (Received 01/09/26)
(Amended Floor Plan 03 A) (Received 01/09/26)
Reason
To define the permission and for the avoidance of doubt.
03
Before proposal is brought into use, an Odour Impact Assessment for the proposed cooking extraction system shall be carried out by a competent person (see footnote
below) and a report shall be submitted to and approved by the Local Planning Authority. The following information shall to be provided:
• A risk assessment for odour which considers the 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 mitigation measures and dispersion of any extracted odours;
• Details showing the proposed location of all the major components of the extract
system; and
• The proposed ongoing maintenance schedule that will be carried out to ensure that the extract system continues to effectively control odours.
The approved cooking odour extraction plant shall be installed, and all approved odour mitigation measures shall be implemented in full prior to the first use of the development and thereafter shall be retained and maintained in effective working order for the lifetime of the consent.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with RMBC Policy SP52 and the NPPF.
04
Before proposal is brought into use, a Noise Impact Assessment shall be submitted to and approved by the Local Planning Authority.
The assessment shall be prepared by a suitably qualified acoustic consultant (see footnote) and shall evaluate the potential impact of noise arising from the proposed use on existing noise sensitive receptors. The assessment shall include, but not be limited to:
Baseline background and ambient noise surveys undertaken at representative receptor
locations.
• Noise breakout from the premises associated with live music, recorded music, public address systems, patron activity and any other entertainment activities. This shall include an assessment of entertainment noise breakout having regard to relevant industry guidance, including the principles contained within the Institute of Acoustics Good Practice Guide on the Control of Noise from Pubs and Clubs, and BS8233:2014 for existing noise sensitive receptors.
• Details of the sound insulation performance of the building envelope, including walls, roofs, doors, windows, ventilation systems and other potential breakout pathways.
• Noise from all fixed plant and equipment associated with the development, including ventilation, air conditioning, refrigeration, extraction systems, condensers, generators and any other mechanical services. This shall include an assessment in accordance with the principles and methodology of BS4142:2014+A1:2019 for fixed plant noise.
• Predicted operational noise levels at the nearest noise-sensitive receptors.
• Details of any mitigation measures necessary to ensure that:
• Noise from fixed plant does not exceed the representative background sound level (LA90,T) at the nearest noise-sensitive receptor when assessed in accordance with BS 4142:2014+A1:2019; and
• Noise breakout from live and recorded music and patron noise will be controlled such that it does not give rise to adverse impacts on the amenity of nearby noise-sensitive receptors. Where music noise is predicted to be audible, the assessment shall demonstrate why significant adverse effects are not expected.
All approved noise mitigation measures shall be implemented in full prior to the first use of the development and thereafter shall be retained and maintained for the lifetime of the consent.
Reason
To safeguard the amenities of the occupiers of nearby properties in accordance with
RMBC Policy SP52 and the NPPF.
05
The use hereby approved shall be open between 09:00 – 01:00hrs Monday to Sunday.
Reason
In the interest of neighbouring amenity.
06
There shall be no playing of amplified music or audio to the exterior of the building.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote
sustainable development in accordance with the NPPF and RMBC Policy
SP52.
07
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 01:00hrs.
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.
Informative
01
All noise assessments shall be carried out by a competent person. Developers may wish to contact the Association of Noise Consultants http://www.association-of noiseconsultants.co.uk/ (020 8253 4518) or the Institute of Acoustics http://www.ioa.org.uk (0300 999 9675) for a list of members.
02
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 (V3) (2026).
03
This permission relates to land within the red edge boundary only and as such any exterior seating beyond the red edge boundary will require Planning Permission in its own right.
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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