Agenda item

Change of use from retail (Class A1) to hot food takeaway (Class A5)

42 Derby Road, Stapleford, Nottinghamshire, NG9 7AA

Change of use from retail (ClassA1) tohot food takeaway (Class A5)

42 Derby Road, Stapleford, Nottinghamshire, NG9 7AA

CouncillorJ W McGrath had requested that thisapplicationbe determinedby PlanningCommittee.

There was one late item, a written statement from CouncillorJ W McGrath, which was considered by the Committee.

There were no public speakers.

The Committee considered that the changing nature of the high street meant that there were fewer traditional businesses such as butchers and more restaurants and food service venues.  The plan for Stapleford Town Centre was also noted, as it had looked in detail at bringing empty shop units back into use.  There was a discussion about deliveries and it was noted that there was a no stopping area in front of the unit.

It was proposed by Councillor R D MacRae and secondedby CouncillorG Marshall thatthe itembedeferredto allow for Stapleford Town Council to have a meeting at which the proposal was discussed.  It was noted that Stapleford Town Council had been consulted as part of the planning process.  On being put to the meeting the motion fell.

RESOLVED that planning permission be granted subject to the following conditions:

1.     The development hereby permitted shall be commenced before the expiration of three years beginning with the date of this permission.

2.     The development hereby permitted shall be carried out in accordance with the ‘Site Location Plan’ (18902 01), the ‘Site Plan’ (18902 02) and the ‘Existing and Proposed Plans and Elevations’ (18902 101) received by the Local Planning Authority on 27 December 2018.

3.     No development shall commence until details of the storage of waste on the site have been submitted to and approved in writing by the Local Planning Authority. The storage of waste shall take place in accordance with the agreed details.

4.     No development shall commence until details of suitable ventilation and filtration equipment have been submitted to and approved in writing by the Local Planning Authority. The ventilation and filtration equipment shall be installed in accordance with the agreed details.

5.     The use hereby permitted shall not be open to customers, nor be open for takeaway deliveries, except between 10.00 – 00.30 hours.

Reasons

1.     To comply with S91 of the Town and Country Planning Act 1990 as amended by S51 of the Planning and Compulsory Purchase Act 2004.

2.     For the avoidance of doubt.

3.     No such details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory in the interests of the amenities of nearby residents and in accordance with Policy E34 of the Broxtowe Local Plan (2004).

4.     No such details were submitted with the application and the development cannot proceed satisfactorily without the outstanding matters being agreed in advance of development commencing to ensure the details are satisfactory in the interests of the amenities of nearby residents and in accordance with Policy E26 of the Broxtowe Local Plan (2004).

5.     In the interests of the amenities of nearby residents and in accordance with the aims of Policy E34 of the Broxtowe Local Plan (2004).

Note to applicant

1.     The Council has acted positively and proactively in the determination of this application by working to determine it within the eight week determination timescale.

2.     The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards.  If any coal mining feature is encountered during development, this should be reported immediately to the Coal Authority on 0345 762 6848. Further information is also available on the Coal Authority website at: www.gov.uk/government/organisations/the-coal-authority

3.     Any external ventilation/filtration equipment may require planning permission. All plant, machinery and equipment installed or operated in connection with the carrying out of this permission shall be so enclosed and/or attenuated that noise there from does not, at any time, increase the ambient equivalent continuous noise level as measured according to the current British Standard BS4142 at any adjoining or nearby residential property.

4.     The internal layout, design and construction of the premises must meet with the current Food safety and Health & Safety requirements and the food activity will need to be registered with the council. The applicant must contact the Council’s Food and Occupational Safety Section on 0115 917 3485.