Agenda item

20/00963/FUL – Change of use from off-licence (Use Class E) to a hot food takeaway (Sui Generis) with installation of extraction equipment including external flue to north elevation.

(In making its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), the advice of Darlington Association on Disability, four letters of objection received from residents, the views of the Ward Councillor, whom the Committee heard, and the responses to questions asked by Members of the Applicant’s Agent, who was in attendance at the meeting). 

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

1. A3 Implementation Limit (Three Years)

2. The use hereby approved shall not operate outside the hours 11:00 – 21:00 Monday to Sunday including Bank Holidays only unless otherwise agreed in writing by the Local Planning Authority.

REASON: In the interests of residential amenity.

3. No noise emitting fans, louvres, ducts, or other external plant associated with this permission shall be installed until a scheme to reduce noise and vibration has been submitted and approved by the Local Planning Authority.

REASON: In the interests of residential amenity.

4. Prior to the installation of any air extraction equipment (including the external flue) exact details of the proposed installation including the manufacturers specified noise levels of the extraction system shall be submitted to and approved by the Local Planning Authority. The noise levels of the proposed extraction system shall meet the noise limits in the njd noise assessment dated October 2020 submitted in support of the application. The agreed extraction system shall be retained and maintained thereafter for the duration of the development.

No modifications to the approved scheme shall be undertaken without the prior approval of the Local Planning authority.

REASON: In the interests of residential amenity.

5. Prior to the hot food takeaway hereby permitted first being brought into use, details of fume extraction, including a full technical specification by a suitably qualified person, shall be submitted to, and agreed in writing to the Local Planning Authority. The scheme should specify the position of ventilation, fume, or flue outlet points; the type of filtration or fume treatment to be installed.   The proposed fume extraction system shall meet the recommendations in the njd odour assessment dated October 2020, submitted in support of this application.  The agreed fume extraction system shall be retained and maintained thereafter for the duration of the development.

No modifications to the approved scheme shall be undertaken without the prior approval of the Local Planning authority.

REASON: In the interests of residential amenity.

6. 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 order to prevent flooding and pollution.

7. Details of refuse storage facilities shall be submitted to and approved in writing by the Local Planning Authority before the use hereby permitted commences and thereafter shall be retained for the lifetime of the development. 

REASON: In the interests of amenity.

8. Deliveries to and collections from the site, including the loading and unloading associated with the use, shall take place between the hours of 8am to 6pm Monday to Saturday, with no deliveries on Sundays/Public Holidays.

REASON: In the interests of residential amenity.

9. For the duration of the approved use, a temporary portable ramp shall be provided and operated in accordance with the details submitted in email correspondence dated 9^th December 2020.

REASON: To ensure that a disabled person can use the services that are provided within the building in accordance with Policy CS2 (Achieving High Quality Sustainable Design) of the Darlington Core Strategy Development Plan and to discourage hazards that could be caused by a ramp in the highway.

10. Prior to the commencement of the use, a sign shall be erected at the entrance of the premises informing any persons unable to enter the premises that a temporary portable ramp is available on request. This sign shall remain in situ unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure that a disabled person can use the services that are provided within the building in accordance with Policy CS2 (Achieving High Quality Sustainable Design) of the Darlington Core Strategy Development Plan 2011.

11. PL (Approved plans condition)

·       NDS20/CP1  - Plans as Proposed

·       NDS20/CP2 – Elevations as Proposed

·       NDS20/SL1 – Site Location Plan

·       Agent Email detailing temporary portable ramp and its operation dated 9^th December 2020.