Proposal:  Change of use of from shop (Use Class A1) to restaurant (Use Class A3), erect single storey rear extension, alterations to front and side elevations, creation of external staircase, installation of flue and air conditioning unit and formation of refuse enclosure

Applicant:  Mr Rocco Dileone

Agent:  Mr C. Stone (Stone Me Ltd)

Planning permission GRANTED subject to the following conditions:

01  The development hereby permitted shall begin not later than three years from the date of this decision.

Reason:  Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

02  The development hereby permitted shall be carried out in accordance with the following approved plans: 1665 01, 1665 02 and 1665 3E

Reason:  To ensure that the development is carried out in accordance with the provisions of the Development Plan.

03  The rating level of noise for all plant installed at this site in associated with the approved development (including but not exclusively the ventilation, refrigeration and air conditioning equipment) determined by the procedures in BS:4142:2014, shall be at least 5dB(A) below the background noise with no tonal elements. The LA90 shall be determined according to the guidance in BS:4142 at 3.5m from ground floor facades and 1m from all facades above ground floor level to residential premises. The assessment shall be carried out by a suitably qualified and experienced acoustic consultant who would normally be a member of the Institute of Acoustics.  Details of this assessment and confirmation of all plant equipment that shall be installed at the site shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development hereby approved.  All approved plant equipment shall be installed prior to the first use of the premises as a restaurant and the equipment shall be maintained in good working order thereafter. The plant installed must not have distinctive tonal or impulsive characteristics.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

04  Activities at the site hereby approved shall not give rise to structure borne noise to any noise sensitive premises including those integral to the building.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

05  The rating level of noise for all activities hereby approved at the site (including amplified and unamplified music and human voices) shall be at least 10dB(A) below the background noise (with no tonal elements) to ensure inaudibility in noise sensitive premises. If noise modelling software is used to calculate the likely levels or impact of the noise then any actual measurement taken such as LA90 must be taken in accordance with BS7445. The assessment should be carried out by a suitably qualified and experienced acoustic consultant who would normally be a member of the Institute of Acoustics.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

06  All deliveries and collections to the use hereby permitted shall be between 07:00 and 19:00 hours Monday to Friday and 08:00 and 13:00 hours on Saturday; with no deliveries taking place on Sundays or Bank Holidays.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

07  The use hereby permitted shall not be open to the public between the hours of 23:00 and 09:00 the following day, on any day.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

08  Prior to the commencement of the development hereby approved, details of the materials used in the construction of the vent and the ‘filter housing’ shall be submitted to and approved in writing by the Local Planning Authority.  Subsequently the development shall be undertaken in full accordance with the approved details prior to the commencement of the use hereby approved.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

09  Other than within the demarked walkway shown on the plans hereby approved, the roof of the extension hereby approved shall not be used as a balcony, roof garden or similar amenity area or for any other purpose unless otherwise agreed in writing by the local planning authority.  The roof can however be used for the purposes of maintenance or to escape in an emergency.

Reason: To protect the privacy and environment of people in neighbouring residential properties, in accordance with the National Planning Policy Framework (NPPF), DPD1 (Core Strategy) 2007 policy CP4 and SPD1 (Design and Townscape Guide).

The bi-folding doors hereby approved at the Carlton Drive frontage of the building shall be kept shut at all times between the hours of 21:00 and 09:00 the following day, on any day.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

11  Any seating/tables provided within the application site, to the west flank elevation of the building at the site (fronting Carlton Drive), shall be vacated between 21:00 and 09:00 hours.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

12  Except for ingress and egress, the external door to the ground floor flank elevation that serves the kitchen and the fire exit door on the same elevation shown on plan 1665 3E shall remain closed at all times and, except in cases of emergency, shall not be available for use by customers.

Reason:  To protect the amenities of neighbouring residents in accordance with the National Planning Policy Framework and policy DM1 of DPD2 (Development Management)

13  Prior to the use of the building for the purposes hereby approved, details shall be submitted of the provision of fully enclosed and secure refuse storage at the site.  The approved refuse storage shall be provided in full and made available for use prior to the first occupation of the use hereby approved and be retained as such in perpetuity.

Reason:  To ensure the provision of adequate refuse storage in accordance with policies DM8 and DM15 of DPD2 (Development Management)

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against all material considerations, including planning policies and any representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.  The detailed analysis is set out in a report on the application prepared by officers.

Informative

You are advised that as the proposed extension(s) to your property equates to less than 100sqm of new floorspace the development benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no charge is payable. See www.southend.gov.uk/cil for further details about CIL.