Agenda item

Conversion of fish shop takeaway (Sui Generis) (12 Church Row) to a deli outlet and cafe/restaurant with storage to first floor, including removal of existing rear balcony, erection of part two storey, part single storey side and rear extension incorporating a raised terrace area at rear for outdoor dining, together with replacement shop front, re-alignment of first floor front window and other associated works.  Change of use of adjoining dwelling (14 Church Row) to associated storage and installation of new matching shop-front style window (Amended description) (Amended plan reducing the number of covers to 32 received 27th January 2025).

 

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the views of the Council’s Highways Engineer, Ecology Officer, Environmental Health Officer and the Environment Agency, sixteen individual objections received from residents, and two objectors, whom the Committee heard. It was also noted that no comment was received from Hurworth Parish Council).

 

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

 

1.           A3 (Standard 3-year time limit)

 

2.           PL (Accordance with Plan)

 

1001-18 Proposed plans

1001-19 Site Location Plan

 

3.           B4 (External Materials)

 

4.           Notwithstanding any details referred to in the submitted plans, prior to the insertion of windows, detailed plans showing the constructional details and materials of all window frames to be used in the development shall be submitted to and approved in writing by the Local Planning Authority.  Such plans should indicate, on a scale of not less than 1:20, the longitudinal and cross-sectional detailing, including means of opening, and external reveal. The window frames shall be installed in accordance with the approved detailed plans and thereafter be so maintained.

 

REASON - To ensure a satisfactory appearance to the development, in the interests of visual amenity.

 

5.           The number of covers within the rear dining area, including the rear terrace, as set out on Drawing Number 1001-18, shall not exceed 32 at any time without the prior written approval of the Local Planning Authority.

 

REASON – In the interests of residential amenity and highway safety.

 

6.           The areas shown on Drawing Number 1001-18 as ‘storage’ to the first floor of No. 12 Church Row and to the ground and first floor of No. 14 Church Row, shall be used for storage associated with the use of the premises as a deli / café / restaurant and shall at no time be accessed by customers / patrons without the prior written approval of the Local Planning Authority.

 

REASON – In the interests of residential amenity and highway safety.

 

7.           No construction activities, including the use of plant and machinery, as well as deliveries to and from the site, shall take place outside the hours of 08.00-18.00 Monday to Friday, without the prior written permission of the Local Planning Authority.

 

REASON – In the interests of amenity.

 

8.           No development must commence until a Construction Management Plan has been submitted to and approved in writing by the Local Planning Authority.  Construction of the permitted development must be undertaken in accordance with the approved plan. 

 

The Plan must include, but not be limited, to arrangements for the following in respect of each phase of the works:

 

1.           the parking of contractors’ site operatives and visitor’s vehicles;

2.           areas for storage of plant and materials used in constructing the development clear of the highway;

3.           details of site working hours;

4.           contact details for the responsible person (site manager/office) who can be contacted in the event of any issue.

5.           Measures to ensure safety of the public including pedestrian routes/site fencing.

 

REASON – In the interests of amenity and public safety.

 

9.           Once details of any new plant to be installed as part of the development are known and in any event prior to installation, an assessment needs to be carried out and submitted to the Local Planning Authority to show that the rating level (LAr,Tr) of any external plant, equipment or machinery associated with the development (whether operating individually or simultaneously) shall not exceed the daytime and night-time background sound level (LA90,T) at noise sensitive receptors. The assessment must be carried out by a suitably qualified acoustic consultant/engineer (appointed by the applicant) and be in accordance with BS4142: – ‘Method for rating and assessing industrial and commercial sound’. The noise sensitive receptors and background sound levels to be used in the BS4142 assessment shall be agreed in advance with the Local Planning Authority.

 

Any mitigation measures shown to be necessary following the assessment shall be implemented prior to the plant, equipment or machinery first becoming operational and thereafter shall be retained and maintained for the life of the development.

 

REASON – In the interests of amenity.

 

10.        Prior to commencement of the use hereby approved, details of the ventilation and fume extraction system to be installed, which is suitable for the proposed development including a full technical specification by a suitably qualified technical person, specifying the position of ventilation,  fume or flue outlet points and details of the odour abatement system shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the ventilation and fume extraction system(s) associated with the use shall not be carried out otherwise than in accordance with the approval given and shall be completed prior to any part of the use hereby permitted being occupied. The ventilation and extraction system shall be operated and maintained in accordance with the manufacturers recommendations including the frequency of replacement of any filters.

 

REASON – In the interests of amenity.

     

11.        Drainage serving kitchens in commercial hot food premises should be fitted with a grease separator complying with BS EN 1825-1 and designed in accordance with BS EN 1825-2 or other effective means of grease removal.

 

REASON – In the interests of amenity.

 

12.        Operating hours for the premises [including deliveries] shall be restricted to 8am-10.30pm Monday to Saturday and Sunday 9am-4pm. The rear patio area must be closed to the public by 9pm Monday to Saturday and 4pm Sunday.

 

REASON – In the interests of residential amenity.

 

13.        Prior to the occupation of the development, details of refuse storage shall be submitted to, and approved in writing by, the Local Planning Authority.  Thereafter the development shall be implemented in accordance with the agreed details and retained as such thereafter.

 

REASON – In the interests of amenity and highway safety.

 

14.        Prior to the use of the external terrace hereby approved, details of screening to the eastern side of the external terrace, to protect the amenity of nearby occupiers, shall be submitted to and approved in writing by the Local Planning Authority.  The screening shall be in place prior to the first use of the external terrace and shall be retained as such permanently thereafter.

 

REASON – In the interests of residential amenity.

 

15.        The development shall not be carried out otherwise than in complete accordance with the recommendations and methods set out within the Arboricultural Impact Assessment and Method Statement (Arbux, September 2024) unless otherwise approved in writing by the Local Planning Authority.

 

REASON – To ensure adequate protection to existing trees.

 

16.        The development shall not be carried out otherwise than in accordance with the mitigation, compensation and enhancement measures set out in the submitted Ecological Impact Assessment (Dendra Consulting, October 2024) unless otherwise agreed in writing by the Local Planning Authority.

 

REASON - To provide ecological protection and enhancement in accordance with the Conservation Regulations 2010, Wildlife & Countryside Act 1981, Policies ENV7 and ENV8 of the Darlington Local Plan 2016-2036.

 

17.        The development shall be carried out in accordance with the recommendations set out within the submitted Flood Risk Assessment (RAB, October 2024) unless otherwise agreed in writing by the Local Planning Authority.

 

REASON – To secure adequate flood protection measures for the proposed use.

 

18.        Prior to the first use of the property, details of a scheme for the storage of customers cycles shall be submitted to and approved by the LPA and thereafter implemented and be maintained in perpetuity.

 

REASON - To ensure that adequate provision is made for cyclists who visit the premises.