Agenda item

A04 - F/TH/18/0501 - 59 High Street, Margate

Minutes:

PROPOSAL: Change of use from retail (A1) to bar (A4), restaurant (A3) and E-Sports and casual gaming (Sui generis).

 

Speaking in favour of the application was Mr Beasley.

 

Speaking as ward councillor was Councillor Johnston.

 

It was proposed by the Chairman and seconded by the Vice Chairman:

 

“THAT the officer’s recommendation be adopted, namely:

 

‘That the application be APPROVED subject to the following conditions:

 

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

 

GROUND;

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

 

 2  The proposed development shall be carried out in accordance with the submitted application as amended by the revised drawing numbered 18-010-PL02 Rev C and received 31 May 2018.

 

GROUND;

To secure the proper development of the area.

 

 3  Prior to the commencement of the development hereby approved, details of the construction of the ceilings and floors that separate the (residential and commercial unit) shall be submitted to and approved by the Local Planning Authority.  The ceilings and floors shall resist the transmission of airborne sound such that the weighted standardised difference (DnT, W + Ctr) shall not be less than 60 decibels. The weighted standardised difference (DnT, W) a spectrum adaption term, Ctr, is quoted according to BS EN ISO 16283-1:2014 Acoustics. Field measurement of sound insulation in buildings and of building elements. Airborne sound insulation.  The work shall then be carried out in accordance with the approved details prior to occupation of the premises and be retained thereafter.

 

GROUND:

In the interest of residential amenity and in pursuance of policy D1 of the Thanet Local Plan.

 

 4  An acoustic assessment of compliance with condition (3) shall be submitted to the Local Planning Authority prior to use of the premises hereby permitted.  Any further mitigation measures recommended in the assessment to meet the criteria stated within condition (3) shall be submitted in writing for the written approval of the Local Planning Authority within 1 month of the assessment.  All works which form part of the approved scheme of further mitigation measures shall thereafter be implemented in accordance with a timetable to be agreed in writing by the Local Planning Authority and thereafter maintained.

 

GROUND:

In the interests of the residential amenities of the occupiers of surrounding dwellings in accordance with Policy D1 of the Thanet Local Plan.

 

 5  Prior to the first operation of the premises, a scheme and maintenance schedule for the extraction and treatment of fumes and odours generated from cooking or any other activity undertaken on the premises, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed in accordance with the DEFRA publication Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems January 2005.  Any equipment, plant or process provided or undertaken in pursuance of this condition shall be installed prior to the first operation of the premises and these shall thereafter be operated and retained in compliance with the approved scheme.

 

GROUND;

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan

 

 6  Prior to the first operation of the premises hereby approved, details of waste storage shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with such details as are agreed and thereafter maintained.

 

GROUND:

To secure a satisfactory standard of development and in the interests of the amenities of the area, in accordance with policy D1 of the Thanet Local Plan.

 

 7  Prior to the commencement of the use hereby permitted, the main entrance doors to the premises shall be fitted with a slow closure device. The device shall be fitted and maintained as operational for the life of the development.

 

GROUND:

In the interest of residential amenity and in pursuance of policy D1 of the Thanet Local Plan.

 

 8  Prior to the first operation of the ground floor hereby approved, details of a noise limiting device to include proposed maximum levels and all sources of amplification to be connected to the device shall be submitted to and approved in writing by the Local Planning Authority. The noise limiting device shall be installed and operational in accordance with the approved details and maintained at all times thereafter

 

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan

 

 9  The premises forming the subject of this permission shall not be used for the purposes hereby approved other than between the hours of 07:00 to 01:30 Monday to Sunday as agreed in correspondence from the applicants agent received 04 July 2018.

 

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan.

 

10  Deliveries and collection from the site shall only be accepted during the hours of Monday to Saturday 08:00am to 18:00pm.

 

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan.

 

11  The E-Sports and casual gaming (Sui generis) shall be located within the basement area only, as shown on the approved floor plan numbered 18-010-PL02 Rev C received 31 May 2018.

 

GROUND:

In the interest of residential amenity and in pursuance of policy D1 of the Thanet Local Plan.

 

12  Noise from the running/operation of any ventilation plant, as measured within neighbouring or adjoining residential premises, not in the occupation of the proprietors of the business hereby permitted, shall not exceed a sound level in excess of that described by the undermentioned noise rating curve numbers in the frequency range 31.5Hz to 8KHz:-

 

Between the hours of 08:00 and 20:00 hours on any day - noise rating curve 30

Between the hours of 20:00 and 0800 hours the next day on any day - noise rating curve 25

 

As defined by BS8233: 2014 Guidance on Sound Insulation and Noise Reduction for Buildings and the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2006.

 

GROUND:

To safeguard the residential amenities currently enjoyed by the occupiers of nearby residential properties in accordance with Policy D1 of the Thanet Local Plan and the National Planning Policy Framework.’”

 

The motion was put to the vote and declared CARRIED.

 

Supporting documents: