| No. | Condition Text |
|---|
| 1. | The development to which this permission relates must be commenced not later than three years from the date of this permission.
Reason:-
To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004). |
| 2. | 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:-
For the avoidance of doubt and to ensure that the development is carried out as approved. |
| 3. | The premises shall not be used for the purposes hereby permitted other than between the hours of 07:00 and 23:00 on Mondays to Sundays 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. |
| 4. | Before the development hereby permitted commences details of a scheme shall be submitted to and approved in writing by the local planning authority which specifies the provisions to be made for the control of noise emanating from the site. Such scheme as may be approved shall be implemented prior to first occupation and thereafter retained in accordance with such details.
Reason:-
To prevent noise nuisance to adjoining/adjacent properties. |
| 5. | Before any works commence a scheme for any new plant or machinery shall be 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 prevent noise nuisance to adjoining/adjacent properties. |
| 6. | No building shall be occupied or use commenced until details of a waste management scheme is submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of the method and location of refuse and recycling storage, including provision for all refuse to be properly contained within the approved facility, together with arrangements for refuse disposal. The scheme shall be implemented on site, in accordance with the approved details, prior to the first occupation or commencement of the use hereby approved and retained permanently thereafter.
Reason:-
Insufficient information has been supplied with the application to judge how waste will be managed on site. Submission of this detail prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use will protect the amenity of occupiers of nearby premises. |
| 7. | Before the use commences suitable equipment to remove and/or disperse odours and odorous material should be fitted to the extract ventilation system in accordance with a scheme to be designed and certified by a competent engineer and after installation a certificate to be lodged with the Planning Authority. Thereafter, the equipment shall be properly maintained and operated within design specifications during normal working hours.
Reason:-
Insufficient information has been supplied with the application to judge the technical specifications of the extract ventilation system. Submission of this detail prior to commencement of the use will protect the amenity of occupiers of nearby premises. |
| 8. | No building shall be occupied or use commenced until a suitable mechanical ventilation system is installed in accordance with a scheme to control the transmission of noise and vibration which has been previously submitted to and approved in writing by the Local Planning Authority. Thereafter, the equipment shall be properly maintained and operated in accordance with the scheme during normal working hours.
Reason:-
Insufficient information has been supplied with the application to judge the technical specifications of the mechanical ventilation system. Submission of this detail prior to occupation in the case of new building works or prior to the use commencing in the case of changes of use protect the amenity of occupiers of nearby premises. |
| 9. | The metal flue hereby approved shall be finished in no other colour or finish other than matte black.
Reason:-
In order to ensure that the development has a satisfactory visual impact. |
| 10. | Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: In accordance with paragraph 38 of the National Planning Policy Framework, improvements required to make the proposal acceptable were negotiated with the Agent via email 9th November 2022. The revisions involved extending the extraction unit beyond the roofline. The amendments were subsequently submitted on 15th November 2022. |
| 11. | The applicant is reminded that this application is made on the basis that the proposed use of the premises will fall within the provisions of Class E(b) of the Town and Country Planning (Use Classes) Order 1987 (as amended). The use of the premises for purposes falling outside of this use class, including any use of the premises as a hot food takeway, will require the separate grant of planning permission. if you are unsure whether your intended manner of use of the premises falls within Class E(b) you are advised to check the lawfulness of the intended use through an application for a Certificate of Lawful Use. |
