Agenda item

Councillor Beauchamp declared an interest in item 5d, as he called the item in. Councillor Beauchamp confirmed that he would not take any part in the discussion or voting.

The Case Officer, Elspeth Palmer, introduced the report to Members and said that the application had been referred to the committee as it was called in by Councillor Beauchamp

Philip Stanley referred to a recent High Court judgement that concluded that a deferred item and its re-hearing should be considered as a single decision-making process, and that therefore the Members who were not present at the previous DMC, Cllrs McDowell, Tindall and Hollinghurst, were unable to vote.

It was proposed by Councillor Hobson and seconded by Councillor Wyatt-Lowe that planning permission be granted, subject to the conditions outlined in the original report (DMC 26th May, 2022) with amendments as outlined in paragraph 2.5.

Vote:

For:      3          Against:           3          Abstained: 4

The chair Councillor Guest used her casting vote and voted in for the officer’s recommendation to GRANT the application.

Resolved: That planning permission be GRANTED

Condition(s) and Reason(s):

 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 duct "extractor flue" shown on the approved plans will be finished with a matt black appearance.

            Reason:  To make sure that the appearance of the development is suitable and that it does not detract from the character of the area in accordance with Policies CS11 and CS12 of the Dacorum Borough Core Strategy (2013).

 3.        The premises shall not be open for customers outside the following hours:

            8 am to 11.30 pm on Mondays to Saturdays; and

            11 am to 11 pm on Sundays, Bank Holidays and Public 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).

 4.        Prior to the commencement of the use hereby approved a scheme for the storage and collection of waste (including a suitable location for the wheelie bin located to the rear of the approved use) shall be submitted to and approved in writing by the Local Planning Authority and shall be implemented in accordance with the approved details and retained at all times thereafter.

            Reason:  In the interests of safeguarding residential amenity in accordance with Appendix 3 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and the relevant sections of the NPPF (2021).

5.         Waste water generated by the premises shall always be disposed of into appropriate drainage and sewage systems on the premises.

            Reason:  In the interests of safeguarding residential amenity in accordance with Appendix 3 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and the relevant sections of the NPPF (2021).

6.         Oil, fat and associated waste products are to be disposed of using appropriate licensed methods, records of these waste contracts and transfers are to be kept and made available to the Council upon request. Under no circumstance are said materials to be disposed of into local street/highway drainage.

            Reason:  In the interests of safeguarding residential amenity in accordance with Appendix 3 of the Dacorum Borough Local Plan (2004), Policy CS12 of the Dacorum Borough Core Strategy (2013) and the relevant sections of the NPPF (2021).

 7.        Notwithstanding the details shown on the approved plans the location of the wheelie bin to the rear of the approved use does not form part of this proposal.  The bin is not located within the red line and is on land belonging to the owner of the flat above 15A Marlowes.

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

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

            Site Location Plan DRG No 24/21 SHT 1

            Amended Existing/Proposed Ground Floor 24/21/SHT2 REV A

            Amended Existing/Proposed Elevations 24/21/SHT3 REV A

            Amended Proposed Ground Floor Plan NVGE/HH01 REV A

            Existing/Proposed Elevations 24/21/SHT 4

Specifications:

Activated Carbon Filters - Absolair

Cleanpak CP4 Bag Filter - Jasun Envirocare PLC

Woods Fan Catalogue - JM Aerofoil

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

9.         Prior to commencement of the use hereby approved the “extractor flue” must be built/installed in accordance with the details on the approved plans.

Reason: In the interests of safeguarding residential amenity in accordance with Policy CS12 of the Dacorum Borough Core Strategy (2013) and the relevant sections of the NPPF (2021).

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.

 2.        The applicant is reminded that the premises must be registered with Environmental Health at least 28 days before opening. It is a legal offence to operate as a food premises without this registration. Further information regarding food safety and hygiene can be obtained by contacting ecp@dacorum.gov.uk or by telephone on 01442 228000.

            www.hse.gov.uk/business/must-do.htm contains information on starting a new business and the requirements under certain Health & Safety regulations

 3.        The public litter bin may not be used to dispose of waste generated by customers during their use of the external area and should not be included in the above referenced scheme.