Agenda item

Mr Fergus Sykes spoke in support of the application.

The officer introduced the report which recommended that planning permission be granted to change the use of Units 2 and 3 Abacus House from A1 (Retail) and A2 (Financial & Professional Services) to A5 (Hot Food Takeaway) including the installation of a replacement shop front and installation of extraction/ventilation equipment subject to conditions, as amended by the agenda supplement.

Photographs of the building and plans for extractor flues were shown to the Committee. It was explained that existing retail units would be used and so the building would not be increasing in size. The officer commented that retail activity in the town centre was not expected to he harmed by the development and that activity could benefit by filling a vacant unit. Plans showing car parking near to the units were presented.

There were no technical questions.

Members of the public then addressed the Committee as detailed above.

The local member Cllr Alan MacRae spoke in objection to the application and expressed disappointment at the earlier meeting time of the Committee.

In the debate that followed some members raised concerns that staff and customers may park outside the shop located on a busy junction, and that this could cause pedestrian safety issues. However, it was noted that the change of use would fill a vacant shop and that there was ample car parking nearby. The Committee agreed that problems of littering could be mitigated by adding an informative to the applicant to help minimize litter.

Resolved:

To GRANT planning permission for a change the use of Units 2 and 3 Abacus House from A1 (Retail) and A2 (Financial & Professional Services) to A5 (Hot Food Takeaway) including the installation of a replacement shop front and installation of extraction/ventilation equipment subject to the following  conditions:

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2.    There shall be no customers/members of the public on the site outside the hours of 23:00 in the evening and 11:00 in the morning from Mondays to Fridays and between 23:00 in the evening and 11:00 in the morning on Saturdays, Sundays and Bank or Public Holidays.

REASON: To ensure the creation/retention of an environment free from intrusive levels of noise and activity in the interests of the amenity of the area.

3.    The development hereby permitted shall be carried out in accordance with the following approved plans: DB111-EX-01; DB111-EX-02; DB111-GA-03; DB111-EI-04; and DB111-LP08, received and date stamped by the LPA on the 17 July 2014; and 'Planning Design and Access Statement'; and 'Supporting Annexe B Document for Proposed Ventilation System', received and date stamped by the LPA on the 10 July 2014.

REASON: For the avoidance of doubt and in the interests of proper planning.

4.    Any plant shall not exceed a rating level of 40dB during daytime (7am to 11pm) nor a rating level of 30dB at night (11pm to 7am), when measured at 1 metre from the nearest residential dwelling’s window.

REASON: In the interests of the amenities of local residents.

INFORMATIVE TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

INFORMATIVE TO APPLICANT:

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence.

If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

INFORMATIVE TO APPLICANT:

It is recommended that the applicant regularly and routinely each day check and clear external areas of any litter associated with the business operation hereby permitted in the interests of the character and appearance of the locality and good neighbour relations.