Agenda item

Description of application - Change of Use from retail (Class A1) to restaurant (Class A3) and installation of kitchen extract/intake equipment and associated ductwork at rear.

Oral representations in support of the application were received.  Oral representations from Ward Member, Councillor  Michael Rutherford, in support of the application were received at the meeting.  Comments from Environmental Health were reported.

Members having considered the report and representations, RESOLVED that PERMISSION be GRANTED subject to the following conditions:-

“1.  The development to which this permission relates must be begun not later than the expiration of 3 years, beginning with the date of this decision notice.

REASON: Section 91, Town and Country Planning Act 1990.

2.  The use shall not take place other than between the hours of 09:00-23:00, Mondays - Wednesday; 09:00-24:00 Thursday, Friday and Saturday; or 10:00-22:30 Sundays and Bank Holidays.

REASON: In order to comply with policy BE1 of the Unitary Development Plan and in the interests of the amenities of the area

3.  Detailed plans of the appearance of and the equipment comprising a ventilation system which shall include measures to alleviate fumes and odours (and incorporating activated carbon filters where necessary) shall be submitted to the Local Planning Authority for approval; after the system has been approved in writing by the Authority, it shall be implemented in accordance with the approved details before the usehereby permitted first commences and shall thereafter be permanently retained in an efficient working manner.

REASON: In order to comply with Policies BE1, S9 and ER9 of the Unitary Development Plan and Policies 7.14 and 7.15 of the London Plan and in the interest of the visual and residential amenities of the area.

4.  At any time the combined noise level from all air conditioning plant at this site in terms of dB(A) shall be 10 decibels below the relevant minimum background noise level, LA90(15mins) measured at any noise-sensitive building.  If the plant has a distinctive tonal or intermittent nature the predicted noise level of the plant shall be increased by a further 5dBA.  Thus if the predicted noise level is 40dB(A) from the plant alone and the plant has a tonal nature, the 40dB(A) shall be increased to 45dB(A) for comparison with the background level.  The L90 spectra can be used to help determine whether the plant will be perceived as tonal.

REASON: In order to comply with Policies BE1, S9 and ER9 of the Unitary Development Plan and Policies 7.14 and 7.15 of the London Plan and in the interest of the visual and residential amenities of the area.

5.  A scheme of sound insulation for protecting the first floor residential use from activities in the ground floor A3 premises shall be submitted to the Local Planning Authority for approval prior to the use commencing.  Once approved the scheme shall be implemented in full and permanently maintained thereafter.

REASON: In order to comply with Policies BE1 and S9 of the Unitary Development Plan and Policy 7.15 of the London Plan and in the interest of the residential amenities of the area.

6.  The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans approved under this planning permission unless previously agreed in writing by the Local Planning Authority. 

REASON: In order to comply with Policy BE1 of the Unitary Development Plan and in the interest of the visual and residential amenities of the area.

INFORMATIVE 1:  You are advised that this application may be liable for the payment of the Mayoral Community Infrastructure Levy under the Community Infrastructure Levy Regulations (2010) and the Planning Act 2008. The London Borough of Bromley is the Collecting Authority for the Mayor and this Levy is payable on the commencement of development (defined in Part 2, para 7 of the Community Infrastructure Levy Regulations (2010). It is the responsibility of the owner and /or person(s) who have a material interest in the relevant land to pay the Levy (defined under Part 2, para 4(2) of the Community Infrastructure Levy Regulations (2010).

If you fail to follow the payment procedure, the collecting authority may impose surcharges on this liability, take enforcement action, serve a stop notice to prohibit further development on the site and/or take action to recover the debt. 

Further information about Community Infrastructure Levy can be found on attached information note and the Bromley website www.bromley.gov.uk/CIL

INFORMATIVE 2:  Thames Water recommends the installation of a properly maintained fat trap on all catering establishments. Thames Water further recommend, in line with best practice for the disposal of Fats, Oils and Grease, the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel. Failure to implement these recommendations may result in this and other properties suffering blocked drains, sewage flooding and pollution to local watercourses. Further information on the above is available in a leaflet, 'Best Management Practices for Catering Establishments' which can be requested by telephoning 020 8507 4321 or on the Water UK website at www.water.org.uk”