Agenda item

To consider the report of the Assistant Director: Planning and Implementation, (copy enclosed, Members’ Update to be circulated)*.

It was noted from the Members’ Update circulated prior to the meeting that an amendment had been made to condition 3

The Officer presented the report and following this the Agent Stewart Rowe addressed the Committee.

The Chairperson then proposed that the Committee approve this application. This was duly seconded.

Members raised some concerns over the operating and delivery times allowed on the site as set out in the proposed conditions. The Officer suggested the timings within condition 10 could be changed to reflect what Members deemed appropriate. After further discussion Members agreed to amend condition 10 to specify delivery times between 7:30 - 19:30 from Monday to Saturday all inclusive.

The loss of some parking spaces was then queried to which the Officer responded that the application satisfied parking standards.

The Chairperson put the earlier proposal of approval to the Committee and this proposal was duly agreed, subject to amendments to condition 3 as detailed in the Members’ Update and condition 10 as detailed above.

RESOLVED that this application be APPROVED subject to the conditions below

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 complete accordance with the approved plans on the decision notice.

3.               The use hereby permitted shall be discontinued and the building shall be restored to its condition immediately prior to the 3 year expiry of the date of this planning permission in accordance with a scheme of work previously submitted to and approved in writing by the local planning authority on or before 3 months prior to the 3 year expiry of the date of this planning permission unless before that date a formal planning application for the continuation of such use has been approved by the local planning authority.

4.               As the landscaping scheme has already been implemented on site, if within a period of five years from the date of the planting of any plant, or any plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place.

5.               Prior to the first operational use of the building details of the trees to be planted as shown Biodiversity Net Gain Updated Landscape Plan shall be submitted to and approved in writing by the local planning authority. The trees shall be planted as approved within the first available planting season (October to March inclusive) following the commencement of the development, unless otherwise first agreed in writing by the local planning authority. If within a period of five years from the date of the planting of any tree or plant, or any tree or plant planted in its replacement, is removed, uprooted, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, another tree or plant of the same species and size as that originally planted shall be planted in the same place, unless the local planning authority gives its written consent to any variation.

6.               The areas as shown demarcated for outdoor tables and chairs associated with this use shall only be used for this purpose for the duration of this temporary planning permission.

7.               The vehicle parking area(s) as marked out on site shall be retained in this form at all times for the use hereby permitted. The vehicle parking area(s) shall not be used for any purpose other than the parking of vehicles that are related to this approved use.

8.               Prior to the first operational use of the building details of the number, size, location, design and materials of secure and weather protected cycle parking to serve the use hereby permitted shall be submitted to and agreed in writing with the local planning authority.  The agreed facilities shall be installed on site prior to the first use of the building and shall thereafter be permanently retained for sole use as cycle parking for the users and visitors of the development.

9.               The use hereby permitted shall only be undertaken between 0730 hours and 2300 hours on weekdays and between 0800 hours and 2200 hours on Saturdays and not at any time on Sundays and Public Holidays.

10.            Deliveries to and collections from the site shall only be undertaken between 0730 hours and 1930 hours on weekdays and Saturdays and not at any time on Sundays and Public Holidays.

11.            There shall be no amplified sound used in the building hereby permitted/on the site.