Agenda item

23/00637/FUL - Application submitted under Section 73 of the Town & Country Planning Act 1990 for the variation of condition 2 (opening hours) and 4 (outdoor seating), and removal of condition 6 (no. of covers) attached to planning permission 21/00922/FUL dated 29 Oct 2021 to permit a change in opening hours on Thurs, Fri and Sat from 8am-6pm to 8am-9pm to allow up to 2 late openings per month, to allow the installation of 4 no. picnic benches in front forecourt with alterations to car-parking and to permit an increase in the number of covers from 20 to 30 (description amended following receipt of amended application form and supporting statement on 20th June 2023).

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highways Engineer, the Council’s Environmental Health Officer, an initial 58 letters of objection and 23 letters of representation received, a further three letters of objection and 14 letters of representation received, the views of Middleton St. George Parish Council, one further letter of support and one further letter of objection received subsequent to the publication of the Agenda for the meeting, the views of the Applicant, and one Supporter, whom the Committee heard. Members were also notified that the Applicant had subsequently advised they would be willing to keep the maximum number of covers to be served at any time at 20, the figure already established in Condition 6.).

Members took the view that, if the number of covers that would be served at any one time did not change, then there would be no greater impact on parking, highway safety or residential amenity.

RESOLVED – That Planning Permission be granted subject to the following conditions:

1.      The use hereby approved shall not open outside the hours of 08:00 – 18:00 Monday to Saturday and 10:00 – 16:00 Sundays and Bank Holidays, with the exception of a maximum of 2 no. late night openings per calendar month on either a Thursday, Friday or Saturday evening where the premises shall close not later than 21:00.  The applicant shall retain a record of all late night openings which shall be made available to the Local Planning Authority upon request.

REASON – In the interests of residential amenity

2.      Outdoor seating and parking on the forecourt area to the north of the application site shall be provided in accordance with the details shown on drawing number 21.149.PD 06G ‘Proposed Ground Floor Plan’.  Notwithstanding details of the cycle parking shown on this drawing, the cycle parking shall be repositioned to a location on the forecourt that shall first be agreed in writing by the Local Planning Authority within 2 months of the date of this decision.

REASON – In the interests of highway safety and to encourage access to the premises by sustainable modes of transport

3.      The number of covers to be provided shall be limited to 20 covers at any one time.

REASON – In the interests of highway safety and residential amenity

4.      The development hereby permitted shall be carried out in accordance with the approved plans as detailed below:

(a) Site location plan

(b) First floor proposed, drawing number 21.149 PD 07A

(c) Front and rear elevations proposed, drawing number 21.149 PD 08A

(d) Gable elevation proposed, drawing number 21.149 PD 09A

(e) Proposed section and return boundary, drawing number 21.149 PD 10A

REASON – To ensure the development is carried out in accordance with the planning permission.