Change of use of basement from restaurant to hot food take-away
(Cloud kitchen concept).
Basement At 65 High Street, Hemel Hempstead, Hertfordshire, HP1
Councillor Beauchamp declared an interest in item 5c, as he called the item in. Councillor Beauchamp confirmed that he would not take any part in the discussion or voting.
The Case Officer, Nigel Gibbs, introduced the report to Members and said that the application had been referred to the Committee as it was called in by Councillor Beauchamp and Deferred by DMC on 14th July 2022
It was proposed by Councillor Douris and seconded by Councillor Anderson to GRANT the application in line with officers recommendations.
For: 7 Against: 1 Abstained: 3
Resolved: That planning permission be GRANTED.
RECOMMENDATION - That planning permission be GRANTED subject to the following conditions:
Condition(s) and Reason(s):
1. Following 18 months from the implementation of the use hereby permitted, an updated Delivery Statement shall be submitted to the local planning authority confirming how the use has operated, whether there has been a requirement for delivery drivers to use St Mary's Car Park and a delivery plan demonstrating how the delivery service would be subsequently operated. The use shall thereafter be carried out fully in accordance with the approved details.
Reason: In the interests of residential amenity and highway safety in accordance with Policies CS8, CS12 and CS32 of the Dacorum Core Strategy (2013).
2. There shall be no customer collection of take away food after midnight each day and the take away component shall only be ancillary to the approved courier based use in accordance with the submitted Planning Statement.
Reason: In the interests of residential amenity in accordance with Policies CS8, CS12 and CS32 of the Dacorum Core Strategy (2013) and for the avoidance of doubt.
3. Notwithstanding the hours of use specified by the submitted application form, after 6 months of the first use of the application site for the use hereby permitted, a Residential Impact Report shall be submitted to and approved in writing by the Local Planning Authority. The Residential Impact Report shall detail how the use has operated during this initial 6-month period, any impact of the use after 01.30 upon the residential amenity of the area, and details of the same or alternative hours of use that will operate thereafter. Thereafter, at all times, the use shall operate fully in accordance with the approved same or alternative hours of use detailed in the Residential Impact Report. If no Residential Impact Report is approved by the Local Planning Authority within 12 months of the first use of application site for the use hereby permitted, the operation shall cease at 1:30 a.m.
Reason: In the interests of the residential amenity of the locality in accordance with Policies CS12 and CS32 of the Dacorum Core Strategy (2013), as the use after 01.30 requires review.
4. The development hereby permitted shall be carried out in accordance with the following approved plans/documents:
Courier Plan ( e mail received 10 June 2022)
Reason: For the avoidance of doubt and in the interests of proper planning.
1. Planning permission has been granted for this proposal. The Council acted pro-actively through positive engagement with the applicant during the determination process which led to improvements to the scheme. 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.