Proposal:  Application to vary conditions 8 (Hours of Opening), condition 9 (Parking), Condition 10 (Gates) (Minor Material Amendment) of planning permission 11/00785/BC4 dated 20.07.2011

Applicant:  Mr Levy

Agent:  SK Architects Ltd

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01  The development hereby permitted shall be carried out in accordance with the following approved plans: 406-01-17 P01 Existing and Site Location Plan; P02 Revision C Proposed Plans, Elevations and Section and 09-04-09-01.

Reason:  To ensure that the development is carried out in accordance with the policies outlined in the Reason for Approval.

02  Use of the external finishes shall be carried out in accordance with drawing number 09-04-09-06 of application 14/01028/AD dated 18.07.2014, before the building is brought into use.

Reason: To safeguard character and appearance of surrounding area in accordance with Policies DM1 and DM3 of the Development Management Document (2015) and Policies KP2 and CP4 of the Core Strategy (2007).

03  The details of renewable energy contained within the Energy Strategy dated 18.07.2014 carried out by pemxq are agreed in accordance with application 14/01028/AD and shall be implemented prior to the occupation of the development hereby approved in accordance with that consent. This provision of renewable energy shall be made for the lifetime of the development.

Reason: In the interests of providing sustainable development in accordance with Policy KP2 of the Core Strategy (2007), Policy DM2 of the Development Management Document  (2015).

04  No part of the building shall be occupied until space has been laid out within the site in accordance with the approved drawing 406-01-17 P01 for three cars to be parked. The aforementioned parking spaces shall be retained in perpetuity thereafter for patrons and staff of the premises.

Reason: To ensure that adequate car parking is provided and retained to serve the development in accordance with Policy DM15 of the Council’s Development Management Document (2015) and CP3 of the Core Strategy (2007).

05  No part of the building shall be occupied until space and facilities have been laid out on the site, in accordance with details to have been previously submitted and approved in writing by the Local Planning Authority, for no less than 15 bicycles to be parked.

Reason: To ensure that adequate bicycle parking is provided and retained to serve the development in accordance with Policy DM15 of the Council’s Development Management Document (2015) and CP3 of the Core Strategy (2007).

06  The living accommodation shown on plan 406-01-17 P01 Rev C and      09-04-09-01 shall be for the exclusive use of persons employed at the café/restaurant hereby approved and shall remain ancillary to the A3 use of the site.  It shall at no time be occupied as a separate residential unit. 

Reason: To define the scope of this permission, in accordance with Policies CP7 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015).

07  The premises shall not be open for customers outside the hours of 07:00 to 23:00 on a Sunday, Monday, Tuesday and Wednesday. The premises shall not be open for customers outside the hours of 07:00 to 00:30 the following day on a Thursday, Friday and Saturday. Notwithstanding the limits imposed by this condition, on New Years Eve the premises shall not be open for customers outside the hours of 07:00 to 01:00 the following day.

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

08  The area of the East Beach Car Park identified on plan number 09-04-09-01 (received 26/6/2011) and plan number 406-01-17-P01 shall be available for use at all times while the café/restaurant hereby approved is open to customers. The gates shall not be left open or unlocked outside the hours of 07:00 to 23:00 on a Sunday, Monday, Tuesday and Wednesday. The gates shall not be left open or unlocked outside the hours of 07:00 to 00:30 the following day on a Thursday, Friday and Saturday. Notwithstanding the limits imposed by this condition, on New Year’s Eve the gates shall not be left open or unlocked outside the hours of 07:00 to 01:00 the following day.

Reason: To ensure there is sufficient parking off the highway and in the interest of highway safety, in accordance with National Planning Policy Framework, Policies KP2, CP3, and CP4 of the Core Strategy and Policy DM15 of the Development Management Document.

09  Prior to first use of the building hereby approved, two lockable gates and a scheme of low-level lighting, of a type, design and position to be first agreed in writing by the Local Planning Authority shall be installed within the East Beach Car park and shall be retained thereafter unless otherwise agreed in writing by the Local Planning Authority. 

Reason: For the purposes of preventing the wider use of the car park after dusk, in terms of its misuse and to provide a safe route between the café/restaurant and parking area, in accordance with National Planning Policy Framework, Policies KP2, CP3, and CP4 of the Core Strategy and Policy DM15 of the Development Management Document.

10  A scheme for the installation of equipment to control the emission of fumes and smell from the premises shall be submitted to, approved in writing by, the local planning authority and implemented, before the use hereby permitted begins.  All equipment installed as part of the approved scheme shall thereafter be permanently operated and maintained in accordance with the approved details including the manufacturer’s instructions.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and Design and Townscape Guide (2009).

11  Live or recorded music must not be audible outside the premises and doors and windows shall remain closed after 9.30pm should live or recorded music be playing.

Reason: To protect the environment of people in neighbouring properties and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1 and DM3 and Design and Townscape Guide (2009).

12  The details of refuse storage facilities shall be carried out in accordance with drawing 09-04-09-05 agreed in accordance with 14/01028/AD before the development is brought into use.  Waste must be stored inside the property and only put outside just before it is to be collected. The stores must not be used for any other purpose.

Reason: To protect the environment and provide suitable storage for waste and materials for recycling in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3, DM15 and Design and Townscape Guide (2009).

13  If, during the course of development, any contamination (including ordnance risk) is found measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures before the development is brought into use.

Reason: To ensure that any contamination on the site is identified and treated so that it does not harm anyone who uses the site in the future, and to ensure that the development does not cause pollution to Development Management Document policy DM14.

14  The outdoor terrace at first floor level shall not be open for customers outside the following hours: -

07:00 hours to 23:00 hours on any day.

Reason: To protect residential amenity and general environmental quality in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Development Management Document (2015) and advice contained within the Design and Townscape Guide (2009).

Informatives

01  You may need separate licensing approval for the A3 premises.  Your approved licensing hours may differ from those given above but you must not have any customers on the premises outside the hours set out in this planning permission.

02  Please contact Environmental Health (01702 215005) to register your food business and to make sure that all ventilation and other equipment will meet Council standards.  Under environmental health legislation the Council may ask you to carry out other work if your business causes noise, smells or other types of nuisance.

03  The Council does not recommend that you install a wet-cooled air-conditioning system because of the serious risks to public health if the system becomes infected with legionnella (the organisms which cause legionnaires' disease).  Please discuss alternatives with Environmental Health (phone 01702 215005).

The following is a list of the types of air-conditioning systems that you can install, in order of preference. 

1 Dry coolers (This is the preferred method as it poses no risk from legionnella bacteria.)

2 Adiabatic units as heat rejection. (These units have dry coolers, but the cooling is assisted by water spray at peak times.)

3 Wet-cooling tower or evaporative condensers. (If you choose this method, you should carry out a feasibility study to decide whether to install dry coolers instead.  You should discuss this with our Environmental Health service.)

Where the plant includes water storage, you must design it for easy and safe access, cleaning and maintenance.  It is important to design the system so water is not stored for a long period of time, which could lead to harmful bacteria developing in the system.

If you do have to install a wet system, you must get advice from Environmental Health about where to put it and how to maintain it.  You must also register the system with them.

It is not believed that air conditioning is essential for all buildings and the Council will consider each case on its own merits. 

04  The  site  is  classed  as  potentially  contaminated  land  (including  ordnance)  due  to historic land uses. Therefore, in accordance with condition 13 above should  intrusive ground works be necessary for any part of  the  development  including  the  construction  of  gates  to  the  site,  prior  to  any development commencing the developer should carry out an assessment of the nature and extent of the contamination and implement an appropriate remediation scheme as appropriate. Contact 01702 215005 for further information.

05  Compliance with this decision notice does not bestow compliance with other regulatory frameworks. In particular your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and also to the relevant sections of the Control of Pollution Act 1974.  Contact  01702  215005  for  more information.