Agenda item

Odeon Cinema, 16 - 18 Upper High Street, Epsom, KT17 4QJ - 19/01056/REM

Variation of opening hours

Minutes:

Description

Variation of opening hours

Decision

Variation of opening hours PERMITTED subject to the following conditions:

Conditions:

(1)            Details of materials used for the external surfaces of the development shall be those which were submitted to and approved by the Borough Council in planning application 97/00462/FUL. No variation of approved materials shall take place without consent in writing of the Borough Council

Reason: To enable the Borough Council to exercise control over the type and colour of the materials so as to secure the satisfactory appearance in the interests of the visual amenities and character of the locality

(2)            No trenches, pipe runs for services and drains shall be sited within 4.5 metres of the trunk of any tree retained on the site

Reason: To enable the Borough Council to ensure the retention of trees on the site, protected from damage in the interests of visual amenity.

(3)            The premises shall be used for cinema purposed (D2) only, and no other purpose (including any other purpose in Use Class D2 of the Schedule to the Town and Country Planning (Use Classes Order 2015).

Reason: to ensure a satisfactory form of use of the premises.

(4)            The premises hereby permitted shall only be open to members of the of the public between the hours of:

Monday        08:00 hours – 24:00 hours.

Tuesday       08:00 hours – 24:00 hours.

Wednesday  08:00 hours – 24:00 hours.

Thursday      08:00 hours – 01:00 hours. Friday

Friday           08:00 hours – 02:00 hours. Saturday

Saturday      08:00 hours – 02:00 hours. Sunday

Sunday        08:00 hours – 24:00 hours.

Reason: In order to safeguard the amenities of the locality

(5)            The footway link identified in the original permission (97/00462/FUL) from upper High Street to Depot Road shall be constructed to an adoptable standard and shall be maintained to that standard thereafter and shall remain open for the use of all members of the public at all times.

Reason: To ensure a satisfactory means of pedestrian access to the development and for all members of the public

(6)            There shall be no means of access from Upper High Street

Reason: the above condition is required in order that the development should not prejudice highway safety, the free flow of traffic nor cause inconvenience to other highway users

(7)            In the event that a pedestrian link between the Upper High Street and Depot Road car park is not provided by the cinema operator must prevent pedestrians from exiting the cinema via any other exit than the Upper High Street except in exception or emergency situations.

Reason: in the interest if pedestrian safety

(8)            The illumination of the site shall be carried out in accordance with the details submitted in application 97/00462/FUL

Reason: To preserve the amenities of the area.

(9)            The odour control of the site shall be carried out in accordance with those details as submitted within application 97/00462/FUL.

Reason: To ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties

(10)        The noise and vibration control of the site shall be carried out in accordance with those details as submitted within application 97/00462/FUL.

Reason: To ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties

(11)        No deliveries or servicing of the premises shall take place from Upper High Street or Depot Road between the hours of 07:30 and 09:30 and between 16:30 and 18:30 Mon-Fri, and between the hours of 08:30 and 17:30 on Saturday.

Reason: To ensure that the development does not prejudice the free flow of traffic on condition of safety on the highway or cause inconvenience to other highway users

Informative:

(1)            In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way.  We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure

Supporting documents: