Proposal: Change of use from Hot Food Takeaway (Class A5) to Drinking Establishment/Restaurants/Cafes (Class A4/A3) and erect single storey side extension.

Applicant: Mr Terrence Thomas

Resolved: That PLANNING PERMISSION be GRANTED subject to the following conditions:

01  The development hereby permitted shall begin no 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 begin no 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.

03  The premises shall not be open to customers other than between the hours of 11:00am to 23:00 Sunday to Thursday and 11:00am to 00:00am (midnight) Fridays and Saturdays.

Reason: To protect the amenity of surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

04  There shall be no outside dining/seating areas to the front of the building at any time without the receipt of express planning permission from the Local Planning Authority.

Reason: In the interests of visual amenity and to protect the residential amenity of surrounding occupiers and to protect the character the area in accordance with the National Planning Policy Framework, Policies KP2 and CP4 of the Core Strategy (2007) and Policies DM1 and DM3 of the Development Management Document (2015).

05  No extraction and ventilation equipment shall be installed at the site in connection with the use hereby approved, unless and until full details of its location, design and specifications together with a noise assessment including any necessary noise mitigation measures have first been submitted to, and approved in writing by, the Local Planning Authority. Extraction and ventilation equipment shall only be carried out at the site in full accordance with details approved under this condition.  With reference to  British Standard 4142 the noise rating level arising from all plant and extraction/ventilation equipment installed shall be at least 5dbB(A) below the prevailing background at 3.5 metres from the ground floor facades and 1m from all other facades of the nearest noise sensitive property with no tonal or impulsive character. 

Reason: In order to protect the amenities of the character and appearance of the site and the wider area and the amenities of  surrounding residents in accordance with policies KP2 and CP4 of the Core Strategy (207) and Policies DM1 and DM3 of the Development Management Document  2015.

06  The use of the development hereby approved shall be only for a restaurant and drinking establishment falling under Use Classes A3 and A4 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) or any statutory instrument revoking and re-enacting that Order, with or without modification and shall not be used for any other purpose, including any change of use permitted under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) or any order revoking and re-enacting that Order with or without modification.

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

07  The extended property shall only be occupied for the purpose hereby approved (a restaurant and drinking establishment) and in full accordance with a noise mitigation management plan. The details of which will have previously been submitted to the Local Planning Authority and approved in writing.

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).

08  No external refuse or recycling storage shall take place at the site other than in accordance with details that have previously been submitted to the Local Planning Authority, approved in writing and retained as such thereafter.

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

INFORMATIVES

01  Compliance with the 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). Contact the Council’s Environmental Health department on 01702 215005 for further information.

02  Please note that any new fascia signs etc. will require separate Advertisement Consent. For further information please visit: https://www.planningportal.co.uk/info/200130/common_projects/4/adverts_and_signs

03  You are advised that as the proposed development 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.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, 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.