DECISION: APPROVE FULL PLANNING PERMISSION

CONDITIONS

1.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with section 91 of the Town and Country Planning Act 1990 (as amended by section 51 of the Planning and Compulsory Purchase Act 2004).

2.    The development hereby permitted shall be carried out in accordance with the following approved plans and details:

Site/ Location Plan, 21007-01, received 24.01.22

21007-10 Rev F Proposed Ground Floor, received 30.03.22

21007-02 Rev A Existing Ground Floor, received 24.01.22

21007-03 Existing Elevations, received 24.01.22

21007-11 B proposed elevations amended, received 30.03.22

Reason: For the avoidance of doubt and in the interests of proper planning.

3.    Before the kitchen extraction system and outdoor condenser units are used on the premises, they shall be acoustically attenuated as specified in the ‘Acoustic Impact Assessment’ report by Enviroconsult (Report Reference: 288/PapaJohn (Bexhill), 9 March 2022) and the ‘Supporting Information on the Proposed Extraction System and Plant’ submitted with the application. They shall be mounted in a way which will minimise transmission of structure-borne sound and vibration. Additionally, the extraction system shall be provided with all grease baffle filters and activated carbon filters specified in the latter document, the whole system to be maintained as described in section 9.0 of that document. The noise mitigation scheme shall be maintained for the life of the approved development and shall not be altered without the prior written approval of the Local Planning Authority.

Reason: To protect the amenity of the locality, especially for people living and/or working nearby, in accordance with Policy OSS4 (ii) of the Rother Local Plan Core Strategy.

4.    Before the unit is occupied for the approved use, change of use is begun the airborne sound insulation performance of the separating floor/ceiling between the commercial property and the residential premises above shall be determined and, if necessary, insulated against airborne and impact sound to achieve a minimum airborne sound insulation performance of 5 dB better than the standard for ‘Residential purposes formed by material change of use’ detailed in the Building Regulations Approved Document E (i.e. DnT,w + Ctr 43 + 5 dB). Written details of the scheme, including calculations showing that this performance standard can be achieved, shall be submitted to and be approved in writing by the Local Planning Authority before the occupation of the unit of the development commences. The Applicant shall certify to the Local Planning Authority that noise mitigation measures agreed have been installed and shall be permanently maintained thereafter.

Reason: To protect the residential amenities of the occupiers in the above flats, in accordance with Policy OSS4 (ii) and (iv) of the Rother Local Plan Core Strategy.

5.   The hot food takeaway and pizza delivery shall only operate between the hours of 11:00hrs to 23:00hrs from Sundays to Thursdays and; 11:00hrs to 24:00hrs on Fridays and Saturdays.  Deliveries shall be restricted to take place only between the hours of 07:00hrs and 19:00hrs.

Reason: To protect the residential amenities of the locality, in accordance with Policy OSS4 (ii) and (iv) of the Rother Local Plan Core Strategy.

NATIONAL PLANNING POLICY FRAMEWORK:  In accordance with the requirements of the National Planning Policy Framework (paragraph 38) and with the Town and Country Planning (Development Management Procedure) (England) Order 2015, the Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.