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The Chairman welcomed everyone present and went through some general housekeeping arrangements for the meeting.
Apologies for Absence
Apologies for absence were received from Councillors M S Heard, S P Nunn and Flo G F Shaughnessy.
To confirm the Minutes of the meeting of the Committee held on 29 June 2022 (copy enclosed).
RESOLVED by assent that the Minutes of the meeting of the Committee held on 29 June 2022 be approved and confirmed.
Disclosure of Interest
To disclose the existence and nature of any Disclosable Pecuniary Interests, other Registrable Interests and Non-Registrable Interests relating to items of business on the agenda having regard to paragraph 9 and Appendix B of the Code of Conduct for Members.
(Members are reminded that they are also required to disclose any such interest as soon as they become aware should the need arise through the meeting).
Councillor K M H Lagan declared a non-pecuniary interest in Agenda Item 6 as he knew the architect.
The Chairman, Councillor C Mayes declared a non-registrable interest in Agenda Item 6 as she knew the applicant.
To consider the report of the Director of Service Delivery, (copy enclosed, Members’ Update to be circulated)*.
It was noted that a Members’ Update had been circulated prior to the meeting that included a response from the Environmental Health Officer and Planning Officers’ response to the reasons the Committee previously deferred this application. Prior to the Officer’s presentation the Chairman remined the Committee that only those Members in attendance at the site visit were eligible to vote on the application.
Following the Officer’s presentation, the Chairman asked Officers if the issue of landscaping would be brought to Committee. The Specialist: Development Management advised that this would form part of a reserved matters application that could be considered under delegated powers or by committee. The Chairman then opened the discussion.
A number of issues were raised and Officers responded as follows:-
· That in respect of the Grampian condition the applicant was required to form a footpath prior to the start of the development and that enforcement matters would be dealt with appropriately, under separate cover;
· That Archaeological issues were dealt with under conditions 30 and 31;
· That energy and carbon requirements were under the domain of Building Control;
· That the noise assessment report considered worse case scenario and given the results did not deem it necessary to condition this issue. Furthermore, under condition 17 the details of any external equipment with sound implications would have to be submitted and agreed by the Local Planning Authority.
Councillor Lagan, whilst somewhat reassured by condition 17, wished it recorded that he still had concerns regarding adverse noise impact.
The Chairman then proposed that the application be approved in accordance with the Officer’s recommendation and this was seconded. She put this to the Committee and it was agreed.
RESOLVED that the application be APPROVED subject to the Section 106 agreement and the following conditions:
1. Details of the appearance and landscaping (hereinafter called “the reserved matters”) shall be submitted to and approved in writing by the Local Planning Authority before any development begins and the development shall be carried out as approved.
Application(s) for approval of the reserved matters shall be made to the Local Planning Authority no later than three years from the date of this permission.
The development hereby permitted shall begin no later than two years from the date of approval of the last of the reserved matters to be approved
2. As part of the reserved matters details of the siting, height, design and materials of the treatment of all boundaries including gates, fences, walls, railings and piers shall be submitted to and approved in writing by the Local Planning Authority. The screening as approved shall be constructed ... view the full minutes text for item 196.
To consider the report of the Director of Service Delivery (copy enclosed, Members’ Update to be circulated)*.
It was noted that a Members’ Update had been circulated that detailed an amended application number and representations received from interested parties. Following the Officer’s presentation, the Agent, Mr Cumbers addressed the Committee.
The Chairman then opened the discussion and invited Members’ comments. Councillor Swain, having called in the application, commented on issues around loss of retail space, parking, noise and emissions adversely impacting neighbouring amenity. Other Members felt that the employment opportunities should be welcomed and that to condition no takeaway service would be limiting future progress.
There were a number of other issues raised and officers responded as follows:-
· That the application was submitted under Class A that would prevent the use as a takeaway. Should the applicant wish to operate a takeaway they would have to submit a new application under that criteria, therefore, there was no need to condition that in this application;
· That it would be conditioned that the noise assessment be completed prior to commencement of use;
· That all details of proposed equipment had been conditioned that required prior approval by the Council’s Planning Department;
· That the issue of the refrigeration unit would be dealt with under enforcement;
· That a clear condition to ensure noise and emissions from the flue would be mitigated prior to commencement of the business, would be included in the application.
It was agreed that a training session for Members on the scope of movement within Class E use be scheduled.
The Chairman then proposed that the application be approved in accordance with the Officer’s recommendation, to include those conditions under section 8 of the report together with the above mentioned conditions emanating from the discussion. This was duly seconded and agreed by the Committee.
RESOLVED that the application be APPROVED subject to all conditions:
1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2 The development hereby permitted shall be carried out in accordance with the following approved plans and documents: 705/01, 705/02, 705/03, 705/04, 705/05, 705/6A, 705/7B, 705/8B
3 The proposed use hereby approved shall only be in operation between 12.00 hours and 23.00 hours on weekdays, weekends and Bank Holidays.
4 Deliveries to the site shall only be undertaken between 08:00 hours and 18:00 hours Monday to Friday.
5 A scheme to mitigate impacts from cooking odour shall be submitted to and ... view the full minutes text for item 197.