Change of Use from A1 (shops) to A3/A5 use for restaurant and/or takeaway. Internal alterations.

The proposal was for change of use from A1 (shops) to A3/A5 use for restaurant and/or takeaway, with internal alterations. It had been referred to Committee as the Officer's recommendation was at variance to the view of the Town Council and at the request of Councillor Fleming who was concerned with the impact on the designated neighbourhood centre, impact on highways safety and the impact on local health.

Members’ attention was brought to the main agenda papers.

The Committee was addressed by the following speaker:

Against the Application:        -

For the Application:               -

Parish Representative:          -

Local Member:                       Cllr. Fleming

Members asked questions of clarification from the speaker and officers.

It was moved by the Chairman and duly seconded that the recommendation in the agenda to grant planning permission subject to conditions be agreed.

Members raised concerns over increased traffic and obstructions caused by parking on curbs. Concerns were also raised over possible health implications of a take away.

Resolved:  That planning permission be granted subject to the following conditions

1)    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

       In pursuance of Section 91 of the Town and Country Planning Act 1990.

2)    The development hereby permitted shall be carried out in accordance with the following approved plans: Site Location Plan, Block Plan, 15/1242/03A and 15/1242/02.

       For the avoidance of doubt and in the interests of proper planning.

3)    No development shall be carried out on the land until a scheme of noise control has been submitted to and approved in writing by the Local Planning Authority. The scheme should assess the worst case scenario noise impact from the proposed extract and ventilation system using methods contained within British Standard 4142:2014, Methods for Rating and Assessing Industrial and Commercial Sound to assess the likely effects of sound on people who maybe inside or outside the dwellings nearby. The development shall be carried out using the approved scheme and all plant shall be maintained in accordance with guidance and advice from the manufacturer.

       To safeguard the residential amenity of the occupiers of adjacent and nearby properties as supported by policies EN2 and EN7 of the Sevenoaks Allocations and Development Management Plan. The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted.

4)    Notwithstanding the information held within the planning application, no development shall be carried out on the land until a scheme of odour control has been submitted to and approved in writing by the Local Planning Authority.  Full details of proposed odour control should include:

       a) The position of the flue in relation to neighbouring properties and          window openings.
b) Details of proposed routine cleaning and maintenance of the system, and the service requirements of the installed odour control system, including details of system access panels and confirmation that they will be grease tight.
c) Details of the type of food to be cooked, the cooking time per day; and the type of cooking appliances used.
d) The manufacturer’s specification/data sheets for any odour control elements of the system.

       Any equipment, plant or process provided or undertaken in pursuance of this condition shall be installed prior to the first operation of the premises. The extraction and treatment equipment shall be maintained and operated in compliance with the approved scheme. After installation of the approved plant no new plant or ducting system shall be used without the written consent of the Local Planning Authority. The development shall be carried out using the approved materials.

       To safeguard the residential amenity of the occupiers of adjacent and nearby properties as supported by policy EN2 of the Sevenoaks Allocations and Development Management Plan. The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted.

5)    No development shall be carried out on the land until a scheme demonstrating that appropriate facilities for storage and collection of refuse and waste, for the approved use shall be submitted to and approved in writing by the Local Planning Authority. The work specified in the approved scheme shall then be carried out in accordance with the approved details and be retained thereafter.

       To safeguard the amenity of the area and the residential amenity of the occupiers of adjacent and nearby properties as supported by policies EN1 and EN2 of the Sevenoaks Allocations and Development Management Plan. The Local Planning Authority is satisfied that it is fundamental to the development permitted to address this issue before development commences and that without this safeguard planning permission should not be granted.

6)    The use permitted shall take place on the site only between the hours of 08:00 to 23:00. Outside of these hours, no customer or potential customer shall be permitted to be on the premises and no preparation of food shall take place.

       To safeguard the residential amenity of the occupiers of adjacent and nearby properties as supported by policies EN2 and EN7 of the Sevenoaks Allocations and Development Management Plan.

Informatives

1)    The applicant should refer to DEFRA guidance document: Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems in relation to the discharge of conditions 3 and 4 above.

2)    The applicant is advised to contact the Council's Environmental Health, Food Safety Team at the initial design stage, with respect to advice on compliance with food safety legislation and advice regarding a food registration form.