Agenda item

Change of use from a Bank (Use Class A2) to a Hot Food Takeaway (Use Class A5) Together with External Alterations.

Public Participation

Stacey Hartrey spoke in support of the application.

 

Development Management Team Leader, Lee Burman, presented a report which outlined the change of use from a Bank (Use Class E) to a Hot Food Takeaway (Sui Generis) Together with External Alterations.

 

Details were provided of the site and issues raised by the proposals, including the principle of development, impact on heritage assets and the character of the area, impact on neighbour amenity, parking and highways, waste and recycling.

 

Members of the Committee had the opportunity to ask technical questions regarding the application. Details were clarified that it was not a care home behind the application, but rather an age-related accommodation in the form of flats. The Officer clarified that the trading hours if approved would be comparable to other takeaway establishments on the High Street and that regarding the taxi rank immediately outside, if other vehicles were to park here, they would face parking enforcement controls.

 

Further technical questions were clarified by the Officer that extraction facilities would be practically possible to put into place, having been considered and addressed within the Public Protection assessment within the report. The Public Protection assessment also addressed concerns about potential noise implications caused by the application.

 

Members of the public then had the opportunity to present their views to the Committee as detailed above.

 

The Local Unitary Member, Councillor Mary Champion provided her apologies of her absence and was therefore represented by Councillor Allison Bucknell. Councillor Bucknell stated that though the majority of her concerns for the application had been addressed within the report, there was concern about deliveries including large articulated lorries potentially blocking the High Street and therefore causing congestion. Councillor Bucknell also additionally noted that there had been no reference to delivery vehicles, the hours of operation that they would follow and also where they would park whilst conducting business.

 

At the start of the debate a motion to move and accept the officer’s recommendation was moved by Councillor Tony Trotman and seconded by Councillor Gavin Grant.

 

During the debate the issues included that parking should not be reason for concern, as it was suggested within the report that there was adequate parking opposite and collecting a takeaway would only take minimal time and that though this was a main arterial road, patience would be required from road users. Congratulations were offered to the town of Royal Wootton Bassett for seeking to convert an empty bank to have a useful purpose, also offering further benefit that there would potentially be minimal litter due to food being delivered or taken away. The potential benefits to the town, such as increased footfall and employment were referenced.

 

It was also acknowledged that though there would potentially be noise, a noise impact assessment had been completed, with the Officer’s report having done all that it could to mitigate concerns. Additionally, it was stated that noise and odour shouldn’t be overstated with there currently being a pub next door. Potential concerns regarding deliveries were raised, such as potential road blockages and environmental concerns, however such points could potentially be negated by the operator, if they were to find a suitable optimal time for deliveries to take place.

 

At the conclusion of the debate, it was,

 

Resolved:

 

That planning permission be GRANTED 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. The development hereby permitted shall be carried out in accordance

with the following approved plans listed in schedule

 

12477-AEW-PJ004106-XX-DR-0005, 12477-AEW-PJ004106-XX-DR-0006,

12477-AEW-PJ004106-ZZ-DR-0003, 12477-AEW-PJ004106-XX-DR-0004,

12477-AEW-PJ004106-ZZ-DR-PRELIM-0001

 

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

planning.

 

3. The Local Planning Authority approves the information detailed in RSK Acoustics Plant Noise Assessment 206/0418/R1 and this must be adhered to. The mitigation measures in section 5.3 of the report must be

implemented prior to use of premises and permanently maintained for

lifetime of the development.

 

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

4. The use of the development hereby permitted shall only take place between the hours of 11:00 in the morning and 23:00 in the evening Mondays to Sundays.

 

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable. The proposed opening hours of 11am to 11pm have been used throughout this assessment, deviation from these hours would render the assessment unreliable, thus these hours must be adopted (with exemption of cold room condenser, which requires 27/7 operation).

 

5. The Odour Specification Details document prepared by Purified Air are approved by the Local Planning Authority. The approved scheme shall be implemented in full before the development is first brought into use and shall be maintained in effective working condition at all times thereafter.

 

REASON: Core policy 57, Ensuring high design and place shaping such that appropriate levels of amenity are achievable.

 

6. The external flue shall be finished in a matt black colour and maintained as such thereafter.

 

REASON: In the interests of preserving the character and appearance

of the conservation area and its setting.

 

7. No external lighting shall be installed on site until plans showing the type of light appliance, the height and position of fitting, illumination levels and light spillage in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication “Guidance Notes for the Reduction of Obtrusive Light” (ILE, 2005)”, have been submitted to and approved in writing by the Local Planning Authority. The approved lighting shall be installed and shall be maintained in accordance with the approved details and no additional external lighting shall be installed.

 

REASON: In the interests of the amenities of the area and to minimise

unnecessary light spillage above and outside the development site.

 

8. Deliveries to the development site shall only take place between the hours of 10:00hrs to 20:00hrs.

 

REASON: In the interests of the amenities of the area and to minimise

conflict with highway movements.

 

9. The site shall be used for a hot food takeaway (sui generis use) and for no other purpose (including any other purpose in Class (Sui generis] of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provisions equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification).

 

REASON: The proposed use is acceptable, but the Local Planning

Authority wish to consider any future proposal for a change of use having regard to the circumstances of the case.

 

INFORMATIVES

 

10. 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.

 

11. 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.

 

12. 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.

 

13. The applicant is advised that the development hereby approved may

represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website.

 

14. The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

15. Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.