Agenda item

Ward: Stoneygate

Proposal: Change of use from bank (Class A2) to restaurant/ hot food take away (Class A3/A5); construction of chimney to facilitate internal ventilation flue

Applicant: Mr SUMEET SINGH

The Planning Officer introduced the report. The Officer drew Members attention to the supplementary report and Officer recommendation of an additional condition.

A representative of the applicant addressed the Committee in support of the application.

A local resident addressed the Committee and spoke in behalf of herself and other residents of the local area in objection to the application.

Members of the Committee considered the application and Officers responded to the comments and questions raised.

The Chair moved to that the application be approved subject to the amended conditions in the supplementary report. This was seconded by the Vice Chair and upon being put to the vote was CARRIED.

RESOLVED:

That the application be APPROVED subject to the conditions in the supplementary report.

              CONDITIONS

1.           The development shall be begun within three years from the date of this permission. (To comply with Section 91 of the Town & Country Planning Act 1990.)

2.           Prior to first use of the restaurant the flue and ventilation details shown on the approved plan shall be fitted in full accordance with the approved details and manufacturers guidance and shall be retained thereafter. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

3.           The external elevations shall be constructed in facing bricks to match those existing. (In the interests of visual amenity, and in accordance with Core Strategy policy CS03.)

4.           There shall be no live or amplified music or voice played which would be detrimental to the amenities of occupiers of nearby properties. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.) 

5.           No machinery shall be installed or operated nor shall any processes be undertaken which are detrimental to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

6.           The use shall not be carried on outside the hours of 07:30 to 23:00 daily. (In the interests of the amenities of nearby occupiers, and in accordance with policy PS10 of the City of Leicester Local Plan.)

7.           This consent shall relate solely to the submitted plans received by the City Council as local planning authority on 04/12/2019, unless otherwise submitted to and approved by the City Council as local planning authority. (For the avoidance of doubt.)

              NOTES FOR APPLICANT

1.           The City Council, as local planning authority has acted positively and proactively in determining this application by assessing the proposal against all material planning considerations, including planning policies and representations that may have been received and subsequently determining to grant planning permission with appropriate conditions taking account of those material considerations in accordance with the presumption in favour of sustainable development as set out in the NPPF 2019.

2.           No consent is granted or implied for the advertisement, for which a separate application may be necessary