5g, 22/01442/FUL - Change of use of ground floor (with basement) from Class E(a) retail, to Sui Generis, café serving alcohol
97 High Street, Hemel Hempstead, Hertfordshire
Councillor Hobson declared an interest in this item. She stated that she would not take part in the discussion or voting as she is the business owner.
The Case Officer, Sally Robins introduced the report to Members and said that the application has been referred to the Committee as the applicant is a DBC Councillor.
It was proposed by Councillor Wyatt-Lowe and seconded by Councillor Peters to Grant the application.
For: 7 Against: 0 Abstained: 2
Resolved: That planning permission be GRANTED.
That planning permission be GRANTED.
Conditions and Reasons:
1. The development hereby permitted shall begin before the expiration of three years from the date of this permission.
Reason: To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990, as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.
2. The use hereby permitted shall not take place other than between the hours of:
(a) 08:00 - 23:00 Mondays to Fridays;
(b) 09:00 - 23:00 on Saturdays;
(c) 09:00 - 22:00 on Sundays and Bank Holidays.
Reason: To protect the residential amenities of the locality in accordance with to Policy CS12 of the Dacorum Borough Core Strategy (2013) and Paragraph 130 (f) of the National Planning Policy Framework (2021).
3. The development hereby permitted shall be carried out in accordance with the following approved plans/documents:
01 PLANS AND ELEVATIONS
Reason: For the avoidance of doubt and in the interests of proper planning.
1. Working Hours: Contractors and sub-contractors must have regard to BS 5228-2:2009 "Code of Practice for Noise Control on Construction and Open Sites" and the Control of Pollution Act 1974.
As a guideline, the following hours for noisy works and/or deliveries should be observed: Monday to Friday, 7.30am to 5:30pm, Saturday, 8am to 1pm, Sunday and bank holidays - no noisy work allowed.
Where permission is sought for works to be carried out outside the hours stated, applications in writing must be made with at least seven days' notice to Environmental and Community Protection Team email@example.com or The Forum, Marlowes, Hemel Hempstead, HP1 1DN. Local residents that may be affected by the work shall also be notified in writing, after approval is received from the LPA or Environmental Health.
Works audible at the site boundary outside these hours may result in the service of a Notice restricting the hours as above. Breach of the notice may result in prosecution and an unlimited fine and/or six months imprisonment.
2. Construction Dust: Dust from operations on the site should be minimised by spraying with water or by carrying out of other such works that may be necessary to supress dust. Visual monitoring of dust is to be carried out continuously and Best Practical Means (BPM) should be used at all times. The applicant is advised to consider the control of dust and emissions from construction and demolition Best Practice Guidance, produced in partnership by the Greater London Authority and London Councils.
3. Waste Management: Under no circumstances should waste produced from construction work be incinerated on site. This includes but is not limited to pallet stretch wrap, used bulk bags, building materials, product of demolition and so on. Suitable waste management should be in place to reduce, reuse, recover or recycle waste product on site, or dispose of appropriately.
4. 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.