Proposal: Change of use from retail (Class E) to restaurant and takeaway (Class E and Sui Generis), install extraction flue system to rear and form new rear access

Applicant: Mr M Kugathas

Agent: Mr T Ay

Mrs Shelley, a local resident, spoke as an objector to the application.  Mr Ay, the applicant’s agent, responded.

Resolved:- That planning permission be GRANTED subject to the following conditions:

01 The development hereby permitted shall begin not later than 3 (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 and operated in accordance with the approved plans: 01; 02; 03; 04; 05; 06; Odour Management Plan by Delta Tech Ltd.; Noise Impact Assessment by DAA Group Ltd.

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

03 The development hereby approved shall be operated in strict accordance with the recommendations contained within the Odour Management Plan (by Delta Tech Ltd.)

Reason: In order to protect the amenities of the surrounding occupiers in accordance with policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

04 In accordance with the contents of ‘paragraph 6.0 (Sound Insulation Scheme) and Appendix B -Calculations’ contained in the Revised Noise Impact Report (Issue 02) by DAA Group Ltd., the noise rating level arising from operation of the extractor flue hereby approved must be sufficient so as to meet BS 4142:2014 i.e. to not exceed 10dbB(A) below the prevailing background noise level measured at the nearest noise sensitive properties.

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).

05 Prior to the first operation of the use hereby approved, details of the design and materials of the proposed waste storage and an associated waste management plan shall be submitted to and approved in writing by the local planning authority. The development shall be implemented in full accordance with the approved details from its first operation and shall be maintained and managed as such for the lifetime of the development.

Reason: To ensure that the development is satisfactorily serviced and that satisfactory waste management is undertaken in the interests of highway safety and visual amenity and to protect the character of the surrounding area, in accordance with Policies KP2, CP3 and CP4 of the Core Strategy (2007) and Policies DM1 and DM15 of the Development Management Document (2015).

06 The ground floor unit of the development hereby approved shall solely be used as a sui generis restaurant and takeaway use or for purposes falling within Class E and shall be used for no other purposes including any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or any revocation, amendment or re-enactment of that order.

Reason: To ensure the development is implemented in accordance with the permission sought and to enable the Local Planning Authority to control the impact of the use of the premises within the Use Class specified in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Development Management Document (2015) and the advice contained within the Southend-on-Sea Design and Townscape Guide (2009).

07 The use hereby approved shall only be open for customers during the following hours: 08:00 hours to 23:00 hours Monday to Sunday and at no other times.

Reason: To protect residential amenity and general environmental quality in accordance with Core Strategy (2007) Policies KP2 and CP4, Development Management Document (2015) Policies DM1, DM3 and the advice contained in the Design and Townscape Guide (2009).

Informatives

01 You are advised that as the development does not result in 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.

02 You should be aware that in cases where damage occurs during construction works to the highway in implementing this permission that Council may seek to recover the cost of repairing public highways and footpaths from any party responsible for damaging them. This includes damage carried out when implementing a planning permission or other works to buildings or land. Please take care when carrying out works on or near the public highways and footpaths in the Borough.

03 The applicant is reminded that this permission 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 the noise provisions within the Control of Pollution Act 1974. Applicants should contact the Council’s Regulatory Services Officer in Environmental Protection for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ER’.

04 The applicant is also reminded that this permission is separate to the need to comply with Food Safety and Health & Safety at Work laws. These will include the Food Safety Act 1990 (as amended), the Food Hygiene (England) Regulations 2006, Regulation (EC) 852/2004 and the Health and Safety at Work Etc. Act 1974. Applicants should contact the Council’s Regulatory Services Officer for Food and Health and Safety for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ER.

05 This permission does not convey any form of consent for external advertisement signs, consent for which is required under the provisions of the Town and Country Planning Advertisement Regulations.