Change of use to A4.  Refurbishment of single storey extension at rear.  Demolish outbuilding and new rear extension.

 

Ward: Leominster South

In accordance with the criteria for public speaking, Mr Ayling spoke against the application and Mr Rimell the agent acting for the applicants, and Mr Goody a supporter, spoke in favour. 

 

Councillor P Jones was of the view that the revised scheme which incorporated the existing buildings would prove to be a considerable asset to the town but he had some concerns about the narrow access road to the rear of the premises which he felt to be unsuitable for delivery vehicles.  He therefore wondered if conditions could be imposed to require deliveries to be made from Corn Square.  The Sub-Committee discussed this aspect and the Development Control Manager said that it would be difficult to impose such a condition because the access road was not in the ownership of the applicants.  He suggested that attempts be made to negotiate a voluntary agreement and the Sub-Committee was in favour of this approach.

 

RESOLVED

 

That planning permission be granted subject to the following conditions, and that the Officers named in the Scheme of Delegation to Officers be instructed to conclude if possible, a voluntary agreement with the applicants not to use the rear access road for deliveries:-

 

1.       A01 (Time limit for commencement (full permission)).

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.       B01 (Samples of external materials).

 

Reason: To ensure that the materials harmonise with the surroundings.

 

3.       Before any work commences on site drawings showing the east and west elevations of the new development at its western end shall first be submitted to and be subject to the prior written approval of the local planning authority.

 

Reason: To ensure the development is satisfactory in appearance due to these elevations at that end not being submitted.

 

4.       Before any work commences on site details of the proposed boundary and surface treatments and also any parking/turning and landscaped areas within the site shall first be submitted to and be subject to the prior written approval of the local planning authority.

 

Reason: To protect the visual amenities of the area.

 

5.       No customer access to or from the site shall be allowed via the rear access track onto Church Street.

 

Reason: To define the terms to which this planning permission relates and to protect the residential amenities of nearby dwellings.

 

6.       F02 (Scheme of measures for controlling noise).

 

Reason: In order to protect the amenity of occupiers of nearby properties.

 

7.       Before any additional fixed ventilation, refrigeration or other noise penetrating plant is used on the premises, the applicant shall submit for the prior approval of the local planning authority a scheme of noise attenuating measures.  The approved scheme shall be implemented before the first use of the development to which it relates commences and shall be retained for the duration of use.

 

Reason: To safeguard amenity of the area.

 

8.       The utilisation of any outdoor areas for customer drinking and dining use shall not be permitted without the prior written approval of the local planning authority.

 

Reason: To safeguard the residential amenity of the area.

 

9.       F37 (Scheme of odour and fume control).

 

Reason: In order to ensure that fumes and odours are properly discharged and in the interests of the amenities of residential property in the locality.

 

10.     F38 (Details of flues or extractors).

 

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

 

11.     F41 (No burning of materials/substances during construction phase).

 

Reason: To safeguard residential amenity and prevent pollution.

 

12.     All machinery and plant shall be operated and maintained in accordance with BS5228:1997 “noise control of construction and open sites”.

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

 

13.     F16 (Restriction of hours during construction).

 

Reason: To protect the amenity of local residents.

 

14.     The open yard area at the eastern end of the site shall be used for deliveries only and not for staff or customer parking.

 

Reason: To define the terms to which this planning permission relates.

 

15.     E02 (Restriction on hours of delivery).

 

Reason: To safeguard the amenities of the locality.

 

16.     H29 (Secure cycle parking provision).

 

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

 

17.     H30 (Travel Plans).

 

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives.

 

Informatives

 

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

 

2.       N03 - Adjoining property rights.

 

3.       N14 - Party Wall Act 1996.

 

4.       The applicants should be aware that this planning permission does not over-ride any civil/legal rights enjoyed by adjacent property owners and that any development which physically affects or encroaches onto any adjoining property may well affect these rights.  As such, the applicants are advised to contact the owners of adjacent properties where these rights may be affected and seek legal advice on the matter prior to undertaking any building work.

 

5.       The applicants are advised to contact the Commercial Team of the Environmental Health Department at Herefordshire Council to discuss the Food Safety and Hygiene implications of the proposed development to ensure they comply with the legislative requirements of the Food Safety Act 1990 and related regulations.

 

The applicant is also advised to contact the Licensing Team of the Environmental Health Department at Herefordshire Council to discuss any issues of compliance with the Licensing Act 2003 and related legislation.

 

6.       HN25 - Travel plans.

7.       N19 - Avoidance of doubt.