Agenda item

5f.

ITEM 5f – 20/03089/ROC - Variation of condition 3 (Opening hours) attached to planning permission  4/00868/14/FUL (Change of use from retail (A1) to fast food outlet (A5), opening hours 11am-11 pm and installation of an external flue pipe).  Allowed on appeal ref APP/A1910A/14/2227697 –

Entreat 59B Gossoms End Berkhamsted Hertfordshire HP4 1DF

Cllr Woolner declared an interest in item 5f and took no part in voting.

The Case Officer, Andrew Parrish introduced the report to Members and said that the application had been referred to the Committee due to contrary views of Berkhamsted Town Council.

Town Councillor Garrick Stevens spoke in objection to the application.

It was proposed by Councillor C Wyatt-Lowe and seconded by Councillor Beauchamp that planning permission be GRANTED.

Vote:

For:      7        Against:   3   Abstained:  1

Cllr Oguchi did not maintain full connection so didn’t take park in the voting

Resolved: That planning permission be GRANTED subject to the following conditions.

1.    The development hereby permitted shall be carried out in accordance with the following approved plans:

            drawings numbered 980/1A and 980/2G and

            the Sustainable Design and Construction Statement submitted to the Council by email dated 11 June 2014.

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

 2.        To reduce temporary period to 12 months, as follows:

The use shall not take place other than between the hours of:

            11.00 to 23.00 Mondays to Saturdays and

            11.00 to 23.00 Sundays

with the exception of use of the premises in connection with deliveries only which are permitted for a temporary period ending 1st March 2022, to take place between the hours of:

            11.00 to 00,00 Sundays to Wednesdays and

            11.00 to 01.00 Thursdays to Saturdays

Reason:   To protect the residential amenities of the locality in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019). A tempoary period of extended hours is considered appropriate to allow the authority to review the impact on residential amenities at the end of the period given the extended hours would not normally be permitted in this location but regard has been had to the particular circumstances relating to the pandemic.

3.         The details of equipment to control the emission of fumes and smell from the premises approved under application ref: 4/01657/15/DRC on 29.07.2015 shall be installed, operated and maintained in accordance with those details and the manufacturers instructions.

            Reason:  To avoid odour ingress, noise/vibration nuisance and loss of amenity to surrounding properties/premises in accordance with Policy CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

4.         The details of measures to improve sound insulation between the unit and the existing first floor flat as approved under application ref: 4/01657/15/DRC on 29.07.2015 shall be  installed and maintained in accordance with the approved details and the manufacturer's instructions.

            Reason:  To protect the residential amenities of the first floor flat, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

5.         The details of plant and machinery and its operation agreed under application ref: 4/01657/15/DRC on 29.07.2015 shall be installed and maintained in accordance with the approved details and the manufacturer's instructions.

            Reason:  To protect the residential amenities of the locality, having regard to Policies CS12 and CS32 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

 6.        The facilities for the disposal of waste and litter approved under application ref: 4/01657/15/DRC on 29.07.2015 shall be installed and maintained in accordance with the approved details.

            Reason:  To safeguard the residential and visual amenities of the locality, protect the environment and prevent obstruction to pedestrian movement in accordance with saved Policy 129 of the Dacorum Borough Local Plan (2004) and Policy CS29 of the Dacorum Borough Core Strategy (2013).

 7.        Prior to this permission being implemented the parking spaces shown on drawing 980/G shall be laid out within the site and shall be permanently kept available in a clean and tidy condition to serve the A5 use.

            Reason:  In accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Section 9 of the National Planning Policy Framework (2019).

 8.        The approved scheme of external lighting under application ref: 4/01657/15/DRC on 29.07.2015 shall be installed before the use hereby permitted begins and thereafter it shall be retained and maintained in full in accordance with the approved details.

            Reason:  To ensure that the lighting is designed to minimise problems of glare, protect residential amenity, to minimise impacts on biodiversity and avoid unnecessary light pollution in accordance with Policy 113 of the Dacorum Borough Local Plan 1991-2011 and Para 180 of the National Planning Policy Framework (2019).

9.         Prior to the extended delivery hours permitted by Condition 2 being implemented, details of the arrangements for delivery vehicles that will be put in place shall be submitted to and approved in writing by the local planning authority.

9.12 Subject to a condition as recommended by the EHO to restrict the extended hours to delivery only, and to a condition requesting details of the arrangements for delivery vehicles that will be put in place, there would be no material detriment to residential amenities and the proposal would therefore accord with Policy CS12.

Reason:   To protect the residential amenities of the locality in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 127 (f) of the National Planning Policy Framework (2019).

Informatives:

 1.        Planning permission has been granted for this proposal. Discussion with the applicant to seek an acceptable solution was not necessary in this instance. The Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.