Agenda item

22/00113/FUL – Change of use from retail shop (Use Class E) to hot food takeaway (sui generis) and installation of extraction equipment to rear.  

(In reaching its decision, the Committee took into consideration the Planning Officer’s report (previously circulated), three letters of objection, and the views of the Applicant, whom the Committee heard).

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

1. A3 (Standard 3-year time limit)

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

(a)    Existing and proposed ground floor plan, drawing number 2022/1

(b)   Elevations proposed, drawing number 2022/1A

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

3. The use hereby approved shall not operate outside the hours of 11:00 – 23:00 Monday to Sunday, including Bank Holidays.

REASON – In the interests of amenity and to comply with the requirements of Darlington Borough Local Plan Policy DC4.

4. Details of ventilation and fume extraction, including a full technical specification by a suitably qualified technical person shall be submitted to and agreed in writing by the Local Planning Authority.  The scheme shall specify the position of ventilation, fume or flue outlet points; the type of filtration or fume treatment to be installed and shall include details of noise levels generated and any noise attenuation structures to be incorporated.  Thereafter the scheme shall be implemented in accordance with the details as approved prior to the use hereby approved commences and shall be maintained for the lifetime of the development.

REASON – In the interests of amenity and to comply with the requirements of Darlington Borough Local Plan Policy DC4.

5. In accordance with the EMAQ report dated 19/4/22 submitted as part of this application a high level of odour control is required:

·         Fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.2 – 0.4 residence time); or

·         Fine filtration or ESP followed by a UV ozone system to achieve the same level of control as above.

The odour control shall be installed, operated and maintained in accordance with manufacturers recommendations including frequency of replacement filters, for so long as the use continues.  No modifications to the approved scheme shall be undertaken without the prior approval of the Local Planning Authority.

REASON – In the interests of amenity and to comply with the requirements of Darlington Borough Local Plan Policy DC4.

6. The drainage system to the premises shall be provided with a suitable grease trap so as to prevent the discharge of grease into the public sewer. 

REASON – In the interests of amenity and to comply with the requirements of Darlington Borough Local Plan Policy DC4.

7. A scheme for the secure storage of waste from the premises and the removal of refuse from the site shall be submitted to and approved by the Local Planning Authority in writing and implemented before the use hereby approved commences. 

REASON – In the interests of amenity and to comply with the requirements of Darlington Borough Local Plan Policy DC4.

8. For the duration of the approved use, a temporary portable ramp shall be provided and made available for disabled customers to the takeaway, as set out on drawings entitled ‘Proposed Floor Plan’, received on 16 March 2022 and ‘Ramp Details’ received on 23 March 2022.   The ramp shall be removed from the highway when not in use.

REASON – To provide disabled access to the premises and to comply with the requirements of Darlington Borough Local Plan Policy IN4.

9. Prior to the commencement of the use hereby approved, 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.  The sign shall remain in situ unless otherwise agreed in writing by the Local Planning Authority.

REASON – To provide disabled access to the premises and to comply with the requirements of Darlington Borough Local Plan Policy IN4.