For:      Mr Bailey 

Ward: Golden Cross with Weobley

The Principal Planning Officer reported the receipt of a letter of support and the following response from the applicant to the recommendation and conditions:

1. Noted: Environmental Health Department has received no complaints.
   
   2. Re: deep fat frying.  This does not take place at the premises nor will it.
   
   3.  We have requested quotes from a local builders to install a new driveway/access to avoid having to pass over a shared drive.  We have written approval and conditions from Highways for this.
   
   4.  We have removed any potential noise nuisance of refrigerated vehicles by siting a power socket at the rear of our property – away from neighbours, as advised.
   
   EO1 - Restriction on hours of working
   Mon to Fri – 7am – 6pm
   Saturday 7am to 1pm – this is Wedding Day – we occasionally need to leave or return outside these specified hours.
   Sundays – we occasionally have events on Sundays eg Christenings but more often than not we are washing up!
   No working on Bank/public holidays
   
   E02 – Restriction on hours of delivery
   We will happily ask that our suppliers comply with this though we can only exert limited authority on this.  
   Occasionally, to meet Food Hygiene regulations we will have to refrigerate a returning van before it can be emptied the next morning.
   
   E06 – Restriction on use
   “The premises shall be used for the preparation, cooking and packing of food goods for the purposes of outside catering and retail.”  As explained to Miss Brimson.
   
   E15 – Restriction on separate sale
   Noted
   
   E25 – Personal and time limited permission
   We seek two years time limit – assume this is a typo.
   
   F03 – Restriction on specified activities
   Noted
   
   F38 – Details of flues or extractors
   Noted
   
   F40 – No burning of materials/substances
   Noted

The Principal Planning Officer said that this implied that the applicant would not be able to comply with the conditions and if this was the case, permission could not be granted and enforcement action was likely.  She also felt that if the applicant was not be able to operate within these limitations he should seek alternative accommodation.

In accordance with the criteria for public speaking, Mr Bailey spoke in favour of his application and said that he would meet all the conditions stipulated by the Officers if planning permission was granted.

Councillor JHR Goodwin the Local Ward Member was of the view that it was important for permission to be granted with the proposed conditions to regulate the business for the protection of the amenity of adjoining properties. He considered that the two year temporary permission applied for would give time for the situation to be properly assessed.

RESOLVED

That planning permission be approved subject to the following conditions:

1 -     E01 (Restriction on hours of working )

         Reason: To safeguard the amenities of the locality.

2 -     E02 (Restriction on hours of delivery )

         Reason: To safeguard the amenities of the locality.

3 -     E06 (Restriction on Use )

         Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity.

4 -     E15 (Restriction on separate sale )

         Reason: It would be contrary to the policy of the local planning authority to grant consent for a separate dwelling in this location.

5 -     E25 (Personal and time limited permission ) Mr S Bailey, one year

         Reason: The nature of the development is such that it is only considered acceptable in this location having regard to the applicant's special circumstances.

6 -     F03 (Restriction on specified activities )

         Reason: To protect the amenities of nearby properties.

7 -     F38 (Details of flues or extractors )

         Reason: In the interests of the amenity of the area.

8 -     F40 (No burning of material/substances )

         Reason: To safeguard residential amenity and prevent pollution.

9 -     Within one month of the date of this permission, a plan detailing the existing and proposed car parking spaces within the application site shall be submitted to and approved in writing by the local planning authority. These spaces shall be provided within 2 months of the date of this permission and kept free for the parking of vehicles only until the expiry of the permission.

         Reason:  To ensure the provision of car parking provision for staff and delivery vehicles within the application site in the interests of highway safety.

Informatives:

1 -     N15 - Reason(s) for the Grant of PP/LBC/CAC

2 -     N19 - Avoidance of doubt