Proposal: Change of use from shop (Class A1) to restaurant (class A3) and install extraction vent to rear.

Applicant: Pilingstone Ltd

Agent: UPP – Urban Planning Practice

Ms Stone (a local resident) spoke as an objector to the application, Ms Benedek (the agent) responded.

Resolved:-

That PLANNING PERMISSION be GRANTED subjected to the following conditions:

01 The development hereby permitted shall begin not later than 3 (three) years from the date of this decision.

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

02 The development hereby permitted shall not be carried out except in complete accordance with the details shown on U-PP-LP001, U-PP-EP001 Rev 4, U-PP- EE001 Rev 4, U-PP-PP001 Rev 4,  U-PP-PP002 Rev 7, U-PP-PE001 Rev 7,  U-PP-PS001 Rev 5.

Reason: To ensure the development is carried out in accordance with the development plan.

03 The installation of the plant equipment and noise and odour mitigation measures associated with the development hereby approved, shall be carried out before the use commences in full accordance with the approved plans noted in condition 02 and the submitted Noise Impact Assessment by Venta Acoustics ref VA2309.180820.NIA dated 7^th November 2018 and shall be maintained in perpetuity thereafter. 

Reason: In order to protect the amenities of the residential occupiers of the development and surrounding residential occupiers in accordance with policies KP2 and CP4 of the Core Strategy (207) and Policies DM1 and DM3 of the Development Management Document  2015.

04 The premises shall not be open for customers outside the following hours:  09:00 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 Design and Townscape Guide (2009).

05 All deliveries and collections associated with the use hereby approved shall be between: 07:00-19:00 Monday to Friday; and 08:00-13:00 Saturday; with no deliveries on Sundays or Bank Holidays.

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).

06 Prior to the first occupation of the building for use class A3 purposes, design details  and materials of the proposed waste storage and an associated waste management plan shall be submitted to and approved by the local planning authority.  The development shall be implemented in accordance with the approved details from first occupation for the proposed use and shall be maintained and managed as such in perpetuity.

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).

07 Prior to the first occupation of the building for use class A3 purposes, the grilles to be installed on the south elevation of the building shall be powder coated to match the adjacent wall.

Reason: To safeguard the visual amenities of the area, in accordance with policies This is as set out in Core Strategy (2007) policy KP2 and CP4, Development Management Document (2015) Policy DM1 and advice contained within the Southend Design and Townscape Guide (2009).  

08 Notwithstanding the details shown on the documents submitted and otherwise hereby approved, with reference to British Standard 7445:2003, the noise rating level arising from activities associated with the use hereby approved (including amplified music and human voices) shall be at least 10dB(A) below the background noise (with no tonal elements) level as measured at 1m from the facades of the neighbouring noise sensitive premises to ensure inaudibility in noise sensitive premises. 

Reason: In order to protect the amenities of occupiers of the development and 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).

09 The installation of the odour control plant equipment measures associated with the development hereby approved, shall be as specified on approved plan reference PP-PS001 Rev 5 and shall be carried out in full before the development is brought into use and shall be maintained in perpetuity thereafter. 

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

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) 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.

Informatives

01 You are advised that the proposed development is for a commercial to commercial change of use with no increase in floorspace. The proposal is therefore not CIL liable as it benefits from a Minor Development Exemption under the Community Infrastructure Levy Regulations 2010 (as amended) and as such no change is payable.

02 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.

03 The applicant is reminded that this permission does not bestow compliance with the Food Safety and Hygiene (England) Regulations 2013 or any other provision so enacted, such as those located within the Food Safety Act 1990. Applicants should contact the Council’s Environmental Health Officer for more advice on 01702 215005 or at Regulatory Services Department, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ZG

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

05 The applicant is advised that surveys have identified that there is gas apparatus in the vicinity of your site which may be affected by the activities specified. You are required to contact Cadent Plant Protection before any works are carried out to ensure the apparatus is not affected by any of the proposed works. Contact details are plantprotection@cadentgas.com or

Tel 0800 688588 quoting the following reference NL_TE_Z5_3NWP_011858.

06 The applicant is advised to contact the owners of the neighbouring property to the south regarding the location of air grilles facing their land and seek any necessary agreements or understandings prior to installation.