Agenda item

Report of the Service Lead, Planning, Infrastructure and Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.

The Panel considered the report of the Service Lead, Planning, Infrastructure and Development recommending that conditional planning permission be granted in respect of an application for a proposed development at the above address.

Proposed change of use of part of the ground floor from retail (A1 use) to hot food takeaway (A5 use) with installation of rear extraction flue and alterations to the shop front.

Jill Wilcox (local residents/ objecting) and Richard Goodall (agent), were present and with the consent of the Chair, addressed the meeting.

The presenting officer reported that the police were consulted and had not responded with any concerns about the application.  It was noted that the applicant had submitted a parking survey in relation to the proposal.  The presenting officer explained that the applicant had agreed to the imposition of pre-commencement/occupation conditions with the exception of Condition 3 (Servicing Management Plan). However, this had only been verbally agreed and not agreed in writing. As such the recommendation was amended to delegate to the Service Lead to approve the application once this confirmation was received or to otherwise refuse the application if such agreement was not forthcoming.

It was noted that the officer report should have referred to the National Planning Policy Framework (2019). 

The Panel then considered the amended officer recommendation to delegate permission to grant planning permission. Upon being put to the vote the recommendation was carried unanimously.

RESOLVED

(i)  that authority to grant planning permission be delegated to the Service Lead- Planning, Infrastructure and Development approved subject to the conditions set out within the report and any additional or amended conditions set out below; and

(ii)  that authority be delegated to the Service Lead-Planning,  Infrastructure and Development to refuse the planning permission should no written agreement be received to confirm the applicants acceptance of the amended service management plan.

Amended recommendations

CONDITION 3 SERVICING MANAGEMENT PLAN (PRE-OCCUPATION)

Prior to the first occupation of the use hereby approved a servicing management plan shall be submitted to the Local Planning Authority to include details of how the servicing arrangement for the premises will be undertaken. Any management plan will include a restriction of deliveries to the property outside of the following hours:

08:00-19:00 (8AM-7PM)

The development shall be implemented in accordance with the approved details and maintained as such thereafter.

REASON: To ensure highways safety and the amenities of nearby occupiers.

CONDITION 5 NOISE PLANT AND MACHINERY

The use hereby approved shall not commence until an acoustic report and written scheme to minimise noise from plant and machinery associated with the proposed development, including details of location, orientation and acoustic enclosure, has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and maintained as such thereafter.

REASON: To protect the amenities of the occupiers of existing nearby properties

Additional Condition

CYCLE STORAGE FACILITIES (PRE-OCCUPATION CONDITION)

Before the development hereby approved first comes into occupation, 2 bicycle parking spaces shall be provided to the Butts Road frontage of the site in accordance with details to be first submitted to and approved in writing by the Local Planning Authority. The storage shall be thereafter retained as approved.

REASON: To encourage cycling as an alternative form of transport and to restrict forecourt parking and associated highway safety issues