Agenda item

Mr Mark Willis, Mr Laurence Mussett and Cllr Roger Budgen, Malmesbury Residents’ Association, spoke in objection to the application.

Cllr John Gundry, Malmesbury Town Council, spoke in objection to the application.

The officer introduced the report which recommended to grant planning permission to remove Condition 4 of 00/01929/COU in order to allow the sale of take away food from the premises subject to conditions. A description of the business and the locality was given and it was noted that no concerns had been raised from Highways, Environmental Health and Public Protection. Photographs of the roads, parking restrictions and car parking facilities nearby were shown.

No technical questions were asked.

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

The local member, Cllr Killane, spoke in support of the application, describing it would be in keeping with the business area of the market town, with other takeaways nearby, and would help to support the viability of the restaurant. Cllr Killane stressed the close proximity of a car park nearby, however acknowledged concerns surrounding illegal parking and supported the opportunity for residents to voice their opinions.

In the debate that followed the Committee discussed illegal parking and littering concerns however it was emphasised that these were not planning considerations and the point was made that this was not an application for change of use, the business would have to remain a restaurant.

Resolved:

To GRANT planning permission to remove Condition 4 of 00/01929/COU in order to allow the sale of take away food from the premises 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 documents (including plans) incorporated into this decision, and subsequently approved pursuant to this decision (if applicable), unless otherwise approved by the local planning authority in the form of a new application

REASON: To ensure that the development is implemented in accordance with this decision in the interests of public amenity.

3)    The ground floor of 2A Silver Street shall not be open to customers before 08:00 hours nor after 23:30 hours and the first floor before 10:00 hours nor after 22:00 on any day for the use hereby permitted unless otherwise agreed the Local Planning Authority in the form of a new application.

REASON: In the interests of the amenity of the area.

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: 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.