Agenda item

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 approved in writing by the Local Planning Authority. All works that form part of the approved mitigation scheme shall have be undertaken prior to first use of the development hereby approved.  All elements of the approved scheme shall be maintained and retained as such thereafter.           

6          A Noise Impact Assessment (NIA), relating to both the proposed use and proposed plant equipment, shall be submitted to and approved in writing by the local planning authority. The NIA shall include a scheme to mitigate the noise from both the use and the ventilation and extract system to the nearest noise sensitive receptors (NSR). All works that form part of the approved mitigation scheme shall have be undertaken prior to first use of the development hereby approved.  All elements of the approved scheme shall be maintained and retained as such thereafter. 

7          No additional external plant or machinery shall be installed unless and until details of the equipment have been submitted to and approved by the Local Planning Authority.

8          All loading / unloading / reception and storage of building materials and the manoeuvring of all vehicles, including construction traffic shall be undertaken clear of the public highway.