| No. | Condition Text |
|---|
| 1. | The external tables, seating and parasols hereby approved shall be removed from the forecourt of the site between the hours of 18:00 and 07.00 (the following morning) on Monday to Saturday and between 17:00 and 09:00 on Sundays and Bank Holidays, in accordance with the agent's email dated 22nd June 2016.
Reason: In the interests of community safety and neighbouring amenity. |
| 2. | The premises shall not be used for the purposes hereby permitted other than between the hours of 08:00 and 23:00 on Mondays to Saturday and 08:00 and 21:00 on Sundays and Bank Holidays without the prior consent in writing of the Local Planning Authority.
Reason: To enable the Local Planning Authority to retain control in the interests of amenity, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61. |
| 3. | The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans (as set out on page one of this decision notice).
Reason:-
The Local Planning Authority consider it essential that the whole of the development is carried out and that no departure whatsoever is made from the details approved, since the development would not necessarily be acceptable if partly carried out or carried out differently in any degree from the details submitted. Also, in order that the development accords with Development Control Policies Development Plan Document Policy DC61. |
| 4. | Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, no window or other opening (other than those shown on the submitted plan) shall be formed in the flank wall(s) of the building permitted under planning permission P1557.11 (amended by P0393.12), unless specific permission under the provisions of the Town and Country Planning Act 1990 has first been sought and obtained in writing from the Local Planning Authority.
Reason: In order to ensure a satisfactory development that will not result in any loss of privacy or damage to the environment of neighbouring properties which exist or may be proposed in the future, and in order that the development accords with Development Control Policies Development Plan Document Policy DC61. |
| 5. | The use of the external seating area and car parking area hereby permitted shall cease and all tables, chairs and parasols brought onto the land for the purposes of such use shall be removed within 3 months of the date of failure to meet any one of the requirements set out in (i) to (iv) below:-
i. within 3 months of the date of this decision a scheme for the necessary agreement, notice or licence to enable the proposed alterations to the Public Highway shall be entered into with the local planning authority for approval, and the scheme shall include a timetable for its implementation in conjunction with the Highway Authority.
ii. if within 11 months of the date of this decision the local planning authority refuse to approve the scheme or fail to give a decision within the prescribed period, an appeal shall have been made to, and accepted as validly made by, the Secretary of State.
iii. if an appeal is made in pursuance of (ii) above, that appeal shall have been finally determined and the submitted scheme shall have been approved by the Secretary of State.
iv. the approved scheme shall have been carried out and completed in accordance with the approved timetable and thereafter permanently maintained.
Reason: In the interests of ensuring public safety and to comply with Development Control Policies Development Plan Document Policies CP10, CP17 and DC61. |
| 6. | All planting, seeding or turfing comprised within the hard and soft landscaping scheme approved under application Q0131.12 shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless otherwise agreed in writing by the local Planning Authority.
Reason: In accordance with Section 197 of the Town and Country Planning Act 1990 and to enhance the visual amenities of the development, and that the development accords with the Development Control Policies Development Plan Document Policy DC61. |
| 7. | The cycle storage provision approved under application Q0131.12 shall be provided and permanently retained thereafter.
Reason: In the interests of providing a wide range of facilities for non-motor car residents, in the
interests of sustainability. |
| 8. | The refuse storage provision approved under application Q0131.12 shall be provided and permanently retained thereafter.
Reason: In the interests of amenity of occupiers of the development and also the visual amenity of the development and the locality generally, and in order that the development accords with the Development Control Policies Development Plan Document Policy DC61. |
| 9. | The boundary screening and screen walling approved under application Q0131.12 shall be permanently retained and maintained thereafter to the satisfaction of the Local Planning Authority.
Reason: To protect the visual amenities of the development and to prevent undue overlooking of adjoining properties. |
| 10. | The area set aside for car parking shall be retained permanently for the accommodation of vehicles visiting the site and shall not be used for any other purpose.
Reason: To ensure that car parking accommodation is made permanently available to the standards adopted by the Local Planning Authority in the interest of highway safety, and that the development accords with the Development Control Policies Development Plan Document Policy DC33. |
| 11. | The scheme for external lighting approved under application Q0131.12 shall be permanently maintained in accordance with the approved details.
Reason: In the interests of security and residential amenity and in order that the development accords with the LDF Development Control Policies Development Plan Document Policies DC61 and DC63. |
| 12. | No new plant or machinery shall be installed at the premises until details have been submitted to the Local Planning Authority to achieve the following standard. Noise levels expressed as the equivalent continuous sound level LAeq (1 hour) when calculated at the boundary with the nearest noise sensitive premises shall not exceed LA90 10dB and shall be maintained thereafter to the satisfaction of the Local Planning Authority.
Reason: To ensure that the amenity of occupies of the development site/ surrounding premises is not adversely affected by noise from mechanical installations/ equipment. |
| 13. | There shall be no cooking of hot food on the premises until a scheme to control the transmission of noise and vibration from any mechanical ventilation system installed is submitted to and approved in writing by the Local Planning Authority and implemented. Thereafter, the equipment shall be properly maintained and operated during normal working hours.
Reason: To protect the amenity of occupiers of nearby premises. |
| 14. | No takeaway facility shall take place from the premises other than that which is operated in conjunction with the approved A3 use of the premises and shall comprise only of the sale of hot and cold drinks, sandwiches, Panini's and other similar items unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety and residential amenity. |
| 15. | No delivery service including food and drink shall take place from the premises unless otherwise agreed in writing by the Local Planning Authority.
Reason: To protect the amenity of occupiers of nearby premises and in the interests of highway
safety. |
| 16. | Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: In accordance with para 186-187 of the National Planning Policy Framework 2012, improvements required to make the proposal acceptable were negotiated with Mr Kamlesh Singh on the telephone and via email on 22nd June 2016. The revision involved a condition requiring the removal of the tables, chairs and parasols on the external seating area between the hours of 18:00 and 7.00 (the following morning) on Monday to Saturday and between the hours of 17:00 and 9.00 (the following morning) on Sundays and Bank Holidays, which was confirmed via email on 22nd June 2016. |
| 17. | The Applicant is advised that planning approval does not constitute approval for changes to the public highway. Highway Authority approval will only be given after suitable details have been submitted, considered and agreed. Any proposals which involve building over the public highway as managed by the London Borough of Havering, will require a licence and the applicant must contact StreetCare, Traffic & Engineering on 01708 433750 to commence the Submission/ Licence Approval process.
Should this application be granted planning permission, the developer, their representatives and contractors are advised that this does not discharge the requirements under the New Roads and Street Works Act 1991 and the Traffic Management Act 2004. Formal notifications and approval will be needed for any highway works (including temporary works) required during the construction of the development.
The developer is advised that if construction materials are proposed to be kept on the highway during construction works then they will need to apply for a license from the Council. |
| 18. | The Applicant is advised that this decision grants planning consent only. Separate consent will need to be obtained under the Highways Act and Licensing. Please contact London Borough of Havering Streetcare on 01708 434343 for further information. Licensing can be contacted on 01708 432777 or licensing@havering.gov.uk. |
| 19. | A fee is required when submitting details pursuant to the discharge of conditions. In order to comply with the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, which came into force from 22.11.2012, a fee of £97 per request or £28 where the related permission was for extending or altering a dwellinghouse, is needed. |
