Agenda item

Variation of Condition 2 (Approved drawings) 3 (External materials) 9 (Roof Details) 10 (CTMP) of planning permission 17/01868/FUL.

Description

The Committee received a report seeking variation to Condition 2 (approved drawings), Condition 3 (External materials), Condition 9 (Roof Details) and Condition 10 (CTMP) of planning permission 17/01868/FUL.

This application was brought before the Planning Committee as it had been called in by Town Ward Councillor, Councillor Neil Dallen.

The Committee noted that there was an update report on this item, which had been published as a supplement to the agenda prior to the meeting. The Planning Officer highlighted that the update report included changes to Conditions 2 and 4 of agenda item 4 (19/01667/LBA), and that subsequent to the publication of the update report it was recommended that condition 2 and 3 of agenda item 3 (19/01397/REM) be similarly amended to provide consistency of conditions for both applications.

Recommendation

An amendment to the recommendations of the report was moved. The proposed amendment placed an additional condition on the application which required that blinds be fitted to the glazed roof and closed between 20.00 hours and the closure of the establishment.

Following consideration, this amendment was agreed and is detailed as condition 14 of the decision below.

Decision

Planning permission is PERMITTED subject to the following conditions:

Condition(s):

(1)      The development hereby permitted shall be commenced within 3 years from the 6 June 2019, the date of the originally approved application 17/01868/FUL that is subject to this application to variation.

Reason: In order to comply with Section 91 of the Town and Country Planning act,1990 (As amended)

(2)      The development hereby permitted shall be carried out in strict accordance with the approved drawings:

3722 03 (08) A Proposed Sections

3722 03 (03) B Proposed Demolitions & Alterations Sheet 1 of 2

3722 03 (04) B Proposed Demolitions & Alterations Sheet 2 of 2

3722 03 (7) C    Proposed Elevations

3722 03 (01) D   Proposed floor plan

3722.03(10) Conservatory Detail

3722.03(11) A Proposed HVAC Roof Plan Shee1 of 2

3722.03(12) A Proposed HVAC Roof Plan Sheet 2 of 2

3722 (03) 13A Proposed External Elevations (HVAC)

3722 03 (14) Bin Store Detail

3722 03 (15) A Proposed External Finishes

3722.03(13)B Proposed HVAC External Elevations _ Layout

3722.03(15)B Proposed External Finishes_Layout

Reason: For the avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy (2007).

(3)      The external materials to be used in the development hereby permitted shall be in accordance with those shown on drawing 3722.03(15) B Proposed External Finishes and the samples submitted on 24.10.19.

Reason: To secure a satisfactory appearance in the interests of the visual amenities and character of the locality in accordance with Policy CS5 of the Core Strategy (2007) and Policies DM8, DM9 and DM10 of the Development Management Policies 2015.

(4)      The premises shall only be open for customers between the following hours:

08:00 hrs – 23:00hrs Mondays – Thursday and Sunday and Bank

Holidays and 08:00 hrs – 24:00 hrs Fridays and Saturdays.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(5)      The retractable roof and rear sliding doors to the rear conservatory extension shall not be opened between 20:00hrs – 08:00hrs Monday-Sunday.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(6)      The outdoor garden area and smoking area shall not be utilised by patrons or members of the public after 20:00 hrs Monday – Sunday

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(7)      Empty bottles should only be cleared into disposal bins between the following hours;

08:00hrs – 17:00hrs Monday - Sunday

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(8)      The measures submitted as part of the planning application for noise control shall be implemented prior to the occupation of the development and thereafter retained as such. The plant and equipment shall be maintained in accordance with manufacturer's instructions throughout the proposed use.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(9)      The roof to the bin store, as well as the retractable roof assembly, installation and future maintenance, shall be completed in accordance with the approved details on drawings 3722.03(10) Conservatory Detail and 3722.03(14) Bin Store Detail.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015

(10)   The development shall be undertaken in accordance with the Construction Transport Management Plan submitted to the Local Planning Authority on 24.10.19

Reason: required in order that the development should not prejudice highway safety nor cause inconvenience to other highway users in accordance with Policy CS16 of the Core Strategy 2007

(11)   Works related to the construction of the development hereby permitted, including works of demolition or preparation prior to building operations shall not take place other than between the hours of 08.00 to 18.00 hours Mondays to Fridays; 08.00 to 13.00 hours Saturdays; with no work on Saturday afternoons (after 13.00 hours), Sundays, Bank Holidays or Public Holidays.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(12)   No sound-amplifying equipment, loudspeakers or public address system shall be installed or operated in any outdoor areas (including the covered terrace area) on the premises hereby approved.

Reason: To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy DM10 of the Development Management Policies 2015.

(13)   A repeat noise survey, to be carried out within twelve months of first use of the premises, shall  be submitted to the local planning authority for approval, along with any mitigation strategy that might be necessary. Any revised or additional noise control measures arising from this report shall be implemented, and thereafter retained as such.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policy DM10 of the Development Management Policies 2015.

(14)   Prior to commencement of the use, a scheme of works to reduce light pollution (to include blinds or other suitable measures) shall be submitted to and approved by the Local Planning Authority. The scheme shall be fitted or incorporated into the rear conservatory roof slope prior to first beneficial use and shall thereafter be retained in accordance with the approved details. The approved measures shall be in place and effective between the hours of 20:00 and 08:00 Monday –Sunday.

Reason: In order to safeguard the amenities of the occupiers of neighbouring properties in accordance with Policies CS5 of the Core Strategy (2007) and Policy and DM10 of the Development Management Policies 2015.

Informative(s):

(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 that the applicant has been given every opportunity to submit an application which is likely to be considered favourably.

Note: Councillor Colin Keane and Councillor Peter O’Donovan informed the meeting that they had lost connection to the virtual meeting during the Committee’s consideration of information relating to this item. Accordingly, they did not vote on this item.