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Agenda item

17/00870/FUL 60 Redland, Chippenham, Wiltshire


Members of the public Jonathan Li and Andrew Gregory spoke against the application.


The applicant Shofi Mahmud spoke in favour of the application.


Cllr Nina Phillips, Chippenham Town Council, spoke against the application.


The Team Leader introduced the application for a Change of Use for A5 Hot Food Catering. A presentation was given showing existing site, front and rear, and the relationship between the commercial unit and the residential properties above and in the surrounding area. The Officer explained that significant objections had been received and that a petition had also been raised. However, he clarified that the number of objections is not in itself a determinative factor. Officers explained the policy position and framework relevant to the site and the proposal. They identified the principal considerations that had been the matter of assessment including input from Public Protection and Highways officers, these being impacts to residential amenities through noise and odour disturbance; highways impacts and parking requirements.


Members of the Committee were invited to ask technical questions. It was clarified that if residents had concerns as to health concerns, whether it be noise or smells, the Public Health Protection Team could be contacted and would investigate any concerns.


Members of the public spoke as detailed above.


The Local Member Cllr Andy Phillips spoke against the application, stating that not enough weight was being given to the resident’s health and happiness. He stated that not enough consideration had been given as to the impact on residents, through noise and odour issues, along with lack of parking.


In the debate that followed, Cllr Peter Hutton proposed the Officer’s recommendation for approval, with the additional informative or conditions that residents be given advance notice of any maintenance of the extractor system and for all goods deliveries to be made during daytime hours. This was seconded by Cllr Tony Trotman and approved by the Committee.



To GRANT Planning Permission as per officer recommendation subject to an additional condition and additional informative as follows:



All goods deliveries associated with the use herby permitted shall take place during daytime hours and not during evenings. Daytime hours hereby defined as between 8.30 am and 18:00 pm.

REASON: In the interests of residential amenity.



The applicant is advised to provide written notification to neighbouring residential properties above the application site of proposed maintenance works to the ventilation extraction plant hereby approved in advance of the works taking place.


And the original conditions of the Officer’s Recommendations:


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. No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a) Materials and finishes to the extraction and ventilation plant

(b) The position, layout and scale of the access stairs to the rear property..

The development shall be carried out in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of the character and appearance of the area [and neighbouring amenities].

3. The development hereby permitted shall be carried out in accordance with and incorporate all proposals a requirements for the Odour control system (carbon filters and grease filters) identified within the “Specification of Extraction System” Received 03/02/2017.

REASON: In the interests if the residential amenities of neighbouring residential properties.

4. Prior to the commencement of the use hereby permitted a grease trap shall be fitted. This will collect and filter waste water prior to it entering the drain and collect all grease and fat. This shall be emptied and maintained in line with manufacturer’s recommendations.

REASON: To ensure that fat and grease is prevented from entering into the public sewer.

5. The Air extraction unit hereby permitted shall not exceed an LAeq39dB and an NR 35 (to ensure that the flue does not have any intrusive tonal component) at 1.5m from the termination point of the flue.

REASON: In the interests if the residential amenities of neighbouring residential properties.

6. The use and the related operation of the ventilation equipment hereby permitted shall only take place between the hours of 4.30pm in the evening and 10.30pm in the evening) from Mondays Sundays and Bank / 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.

7. The development hereby permitted shall be carried out in accordance with the following approved plans: Ground floor plans; rear elevation; side elevation received 03/02/2017.

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



1. Food Business Registration: Under Article 6 of EC Regulation 852/2004 all businesses who prepare, store, transport or sell food must register their food business with the local authority. Food businesses must register with their local authority at least 28 days before they begin to operate. Food business operators in Wiltshire can register their food businesses free of charge through the following web page:


2. 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.

3. The applicant is advised that this permission authorises a change of use and does not authorise any works or alterations that may require planning permission in respect of the shop front.

4. This permission does not permit the display of any advertisements which require consent under the Town and Country Planning (Control of Advertisements) (England) Regulations, 2007 or under any Regulation revoking and re-enacting or amending those Regulations, including any such advertisements shown on the submitted plans.

5. 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.

6. 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.

7. 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.

Supporting documents:




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