Agenda item

PROPOSAL: Change of use from restaurant (Use Class A3) to restaurant and hot food takeaway (Use Class A3 and A5) erection of single storey side extension following partial demolition of building, alterations to external materials finish and fenestration, alterations to site layout, reconfiguration of car parking, landscaping and associated works, including installation of drive through with 2No. customer order displays and mini-roundabout, together with erection of 3m high acoustic fencing to southern boundary

 

A statement in favour of the application from Mr Fox was read out by an officer.

 

A statement raising points of concern from Ms McKenzie was read out by an officer.

 

Speaking under council procedure rule 20.1 was Councillor Whitehead.

 

Speaking as ward councillor was Councillor Garner.

 

Also speaking under council procedure rule 20.1 was Councillor Keen.

 

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 drawings numbered 7762-SA-8046-P002 H, 7762-SA-8046-P004 L, 7762-SA-8046-P005 D, 7762-SA-8046-P004 D and 16138-VL-MCD_L01 Rev C received 04 March 2020, the amended lighting details and plan entitled 'Lias Design Notes and Luminaire Schedule' and 'Proposed Lighting Layout' received 11 May 2020 and the submitted 'Standard Patio Area Supporting Specifications' and 'Goal Post Height Restrictor and COD/Canopy' details received 20 August 2019 

 

GROUND;

To secure the proper development of the area.

 

 3  Prior to the commencement of the use hereby permitted, all of the recommended odour abatement measures as set out within '7.0 Recommended Odour Abatement Measures' and the odour and grease treatment measures as outlined within 8.0 'Odour Control Measures' to 9.0 'Maintenance', including 8.4 'Odour and Grease Treatment Stage 2' within the submitted Odour Control Assessment report received 24 October 2019 shall be provided and thereafter maintained. The external extraction flue shall terminate 1m above the eaves and discharge vertically unimpededed at 15m/s flue discharge efflux velocity. Carbon filters must be replaced every 6 months or in accordance with the manufacturer recommendations. 

 

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 paragraph 127 of the National Planning Policy Framework.

 

 4  Prior to the commencement of the use hereby permitted, full design and installation details of the external extraction flue, including detailed specifications shall be submitted to, and approved in writing by, the Local Planning Authority. The external extraction flue shall be installed in accordance with the approved details and thereafter maintained in accordance with the manufacturers recommendations.

 

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 paragraph 127 of the National Planning Policy Framework.

 

 5  The rating level of noise emitted from the plant and equipment associated with the development hereby approved to be installed on the site shall be at least 5dB below the background noise level (LA90,T) or 35dBA,r, whichever is highest, at the nearest residential facade.  All measurements shall be defined and derived in accordance with BS4142: 2014.

 

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 paragraph 127 of the National Planning Policy Framework.

 

 6  4No. Electric Vehicle Charging points shall be provided within 6 months of the commencement of the use hereby permitted and thereafter maintained and kept in good working order thereafter as specified by the manufacturer, as shown on the approved plan numbered7762-SA-8046-P004 L received 04 March, and confirmed in the email correspondence received from the agent dated 01 April 2020. 

 

GROUND;

In the interest of air quality and amenity in accordance with EP5 of the Thanet Local Plan and paragraph 181 of the National Planning Policy Framework. 

 

 7  The mitigation measures as set out in Section 6 of the Emission Mitigation Assessment reference J3983A/F1 received 21 February 2020 for the construction and operational phases of the development shall be implemented in accordance with the details and timescales specified.

 

GROUND;

In the interest of air quality and amenity in accordance with EP5 of the Thanet Local Plan and paragraph 181 of the National Planning Policy Framework. 

 

 8  The use of the premises hereby approved shall not be used other than between the hours of 03:00 - 23:00 Monday - Sunday including Bank Holidays.

 

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 paragraph 127 of the National Planning Policy Framework.

 

 9  Prior to the commencement of the first use of the development hereby approved, details of the proposed 3m high acoustic barrier as shown on the approved plan 7762-SA-8046-P004 L received 04 March 2020, to be erected along the southern boundary of the development site, including details of its ongoing maintenance, shall be submitted to and approved by the Local Planning Authority. The 3m acoustic barrier shall be installed in accordance with the approved details and thereafter permanently retained and maintained. 

 

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 paragraph 127 of the National Planning Policy Framework.

 

10  The overflow car park to the south east of the application site shall not be used between the hours of 21:00 - 07:00 Monday - Sunday including Bank Holidays and shall be closed to vehicles through the proposed retractable bollards between these hours, as shown on the approved plan numbered 7762-SA-8046-P004 L received 04 March 2020 and as confirmed in the email correspondence received from the agent dated 19 December 2020. 

 

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 paragraph 127 of the National Planning Policy Framework.

 

11  Within 3 months of the commencement of the use hereby permitted, the noise level of the Customer Order Point speaker/s at 0.5 metres shall be limited to no more than 82dB LAeq, 1min. This shall be commissioned by a suitably qualified acoustic consultant and a report issued indicating this has been met, including an accepted management method for ongoing maintenance of this limit. The report shall be submitted to and approved by the Local Planning Authority and the Customer Order Display Facilities shall be implemented in accordance with the approved report, and thereafter maintained. 

 

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.

 

12  Prior to the commencement of the use hereby permitted the proposed lighting provision as outlined within the submitted lighting details and plan entitled 'Lias Design Notes and Luminaire Schedule' and 'Proposed Lighting Layout' received 11 May 2020 and the proposed CCTV provision as outlined within the submitted CCTV Details Entitled 'NB8046 Broadstairs McDonald's VSS' received 21 November 2019 shall be provided and thereafter maintained. 

 

GROUND;

In the interest of public safety in accordance with Thanet Local Plan Policy D1 and paragraph 95 of the National Planning Policy Framework.

 

13  Prior to the commencement of any development on site, a Construction Management Plan  to include the following details shall be submitted to and approved by the Local Planning Authority: 

 

(a) Routing of construction and delivery vehicles to / from site

(b) Parking and turning areas for construction and delivery vehicles and site personnel

(c) Timing of deliveries

(d) Provision of wheel washing facilities

(e) Temporary traffic management / signage

(f) Measures to control noise affecting nearby residents

(g) Dust control measures 

 

The construction of the proposed development shall be carried out in accordance with the approved details. 

 

GROUND;

In the interests of highway safety and neighbouring amenity, in accordance with Policy D1 of the Thanet Local Plan and the National Planning Policy Framework.

 

14  Prior to the commencement of the use hereby permitted, the proposed highway and parking layout, including the vehicle parking spaces, as shown on the approved plan numbered 7762-SA-8046-P004 L received 04 March 2020 shall be provided and thereafter maintained for that purpose. 

 

GROUND;

In the interests of highway amenity and highway safety, in accordance with Policies D1 and TR16 of the Thanet Local Plan.

 

15  Prior to the commencement of the use hereby permitted, the secure cycle parking facilities, as shown on the approved plan numbered 7762-SA-8046-P004 L received 04 March 2020  shall be provided and thereafter maintained.

 

GROUND;

In the interests of promoting increased cycling in accordance with Policy TR12 of the Thanet Local Plan.

 

16  Prior to the commencement of the use hereby permitted, details of the 'Keep Clear' marking in the retail park access road as shown on the submitted proposed highway site entrance plan numbered AMA/50006/SK006 received 21 February 2020 shall be submitted to, and approved by the Local Planning Authority. The 'Keep Clear' markings will be implemented in accordance with the approved details and thereafter maintained. 

 

GROUND;

In the interests of highway amenity and highway safety, in accordance with Policies D1 and TR16 of the Thanet Local Plan.

 

17  Prior to the commencement of the use hereby permitted, a Delivery and Servicing Management Plan, to include the following details:

 

Timing of delivery/service vehicle visits to ensure sufficient manoeuvering room for such vehicles and adequate customer parking is available;

Area required for maneuvering/parking of delivery/service vehicles;

Measures to be taken to ensure the necessary manoeuvring/parking area is available when required,

 

shall be submitted to, and approved in writing by, the Local Planning Authority. Deliveries and servicing shall be carried out in accordance with the approved Delivery and Servicing Management Plan.

 

GROUND;

In the interests of highway amenity and highway safety, in accordance with Policies D1 and TR16 of the Thanet Local Plan.

 

18  Prior to the commencement of the use hereby permitted, all hard and soft landscaped works shall be carried out in accordance with the approved landscaping plan numbered 16138-VL-MCD_L01 Rev C received 04 March 2020 and shall be thereafter maintained for the lifetime of the development. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of a similar size and species.

 

GROUND;

In the interests of the visual amenities of the area and to adequately integrate the development into the environment in accordance with Policies D1 and D2 of the Thanet Local Plan.’”

 

Councillors Garner and Keen did not participate in the debate or vote on the motion. Further to debate, the motion was put to the vote and declared CARRIED.

 

Councillor Albon asked for it to be noted that he had voted against the motion.