DECISION: GRANT (FULL PLANNING)

SUBJECT TO 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:

a)      Block Plan, received by the Council 13/02/2023

b)      Site Location Plan, received by the Council 13/02/2023

c)      Proposed Floor Plan, received by the Council 13/02/2023

d)      Existing and Proposed Elevations, received by the Council 13/02/2023

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

3.          The rating level, LAr,Tr, of sound emitted from all fixed plant at the development hereby permitted shall not exceed LA90,15min background sound levels by more than 5 dB between the hours of 0700-2300 at the nearest sound sensitive premises and shall not exceed the LA90,15min background sound level between 2300-0700 at the nearest sound sensitive premises. All measurements shall be made in accordance with the methodology of BS 4142:2014+A1:2019 (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments.

Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property.

Any deviations from the LA90 time interval stipulated above shall be agreed in writing with the Local Planning Authority.

Reason: To protect the amenities of nearby residents and comply with Policy OSS4 (ii) of the Rother Local Plan Core Strategy and paragraphs 174 and 185 of the National Planning Policy Framework 2021.

4.          Before the use hereby permitted commences, a written scheme for the disposal of foul and surface water drainage that meets the requirements of the local sewerage undertaker shall be submitted to and approved in writing by the Local Planning Authority. No part of the development shall be brought into use until the drainage system has been constructed in accordance with the approved scheme. The approved scheme shall be maintained for the life of the approved development.

Reason: To protect the amenity of the locality, especially for people living and/or working nearby, in accordance with Policy SRM2 of the Rother Local Plan Core Strategy.

5.          Prior to the occupation of approved buildings suitable and sufficient waste storage facilities shall be provided for the safe and secure on site storage of waste derived from the business to ensure that no detriment to amenity from odour, flies or vermin arises. A scheme detailing the provisions to be made for the safe storage and regular removal of waste must be submitted to and approved in writing and not altered without the prior written approval of the Local Planning Authority and shall be maintained for the life of the approved development.

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 and paragraphs 174 and 185 of the National Planning Policy Framework 2021.

6.          The use hereby permitted shall not be open to customers before the hours of 12:30 or after 22:30 on Friday and Saturday and before 15:00 or after 22:00 on Wednesday and Thursday and before12:30 or after 20:00 on Sundays and Public Holidays.

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 and paragraphs 174 and 185 of the National Planning Policy Framework 2021.

NOTES:

1.      Food preparation areas on the premises must comply with requirements of current food hygiene legislation (EC Regulation 852/2004). Any mechanical ventilation plant must meet the requirements of the noise condition above.

2.      The Applicant is advised to consult directly with Police Licensing at Sussex Police before making plans for licensed premises serving alcohol or conducting other licensable activities at this site. Sussex Police Licensing Team may have some of their own requirements to be implemented into the premises before they are satisfied it meets the above licensing objectives on the day-to-day operation of the premises.

3.      The Applicant’s attention is drawn to the SBD website where the Secured by Design (SBD) Commercial Development 2015 document can be found. This is a comprehensive document that encapsulates both commercial developments where the public have no formal access, e.g. factory or office buildings, and those where public access is integral to the commercial use such as retail premises, leisure centres and public buildings.

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 assessing the proposal against all material considerations, including planning policies and any representations that have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

(Councillor Gray declared a Personal Interest in this matter in so far as she lived in Colebrooke Road which backed onto the site and in accordance with the Members’ Code of Conduct remained in the room during the consideration thereof).