Agenda item

Application Ref:

EPF/0627/22

Application Type:

Change of use

Case Officer:

Muhammad Rahman

Site Address:

46 Pyrles Lane

Loughton

Essex

IG10 2NN

Proposal:

Change of use from vacant shop (Class E) to takeaway (Sui Generis) with installation of an extractor flue to the rear and new shopfront.

Ward:

Loughton Fairmead

Parish:

Loughton

View Plans:

https://eppingforestdcpr.force.com/pr/s/planning-application/a0h8d000000Nyn8

Decision:

Approve with Conditions

Conditions: (9)

1

The development hereby permitted shall begin not later than three years from the date of this decision.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

2

The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans: Location Plan, PL-0203-EBP, PL-0203-PBP, PL-0405-EPFP, PL-0405-EPES, and PL-0803-EPES.

Reason: For the avoidance of doubt and to ensure the proposal is built in accordance with the approved plans.

3

Prior to first use of the development hereby permitted, details of foul drainage for the kitchen shall be submitted to and approved by the Local Authority, in writing. Drains serving the kitchens in the development shall be fitted with a grease separator, as detailed in the Building Regulations 2000, Approved Document H (Drainage and waste disposal), to comply with prEN 1825-1 and designed in accordance with prEN 1825-2 (Installations for separation of grease) or other effective means of grease removal. The approved drainage shall be retained and maintained while the site is in use. 

Reason: To protect the environment, human health, surface and groundwater in accordance with policies RP5A & DBE9 of the adopted Local Plan 1998 & 2006, policies DM9 & DM21 of the Local Plan Submission Version 2017, and the NPPF.

4

The extract, ventilation and odour details hereby approved, shall be installed before the use hereby permitted commences and so retained. The equipment shall thereafter be maintained in accordance with the manufacturer's instructions for the lifetime of the development and operated at all times when cooking is being carried out.

Reason: To safeguard the amenity of adjoining properties and to protect the general environment from the impact of cooking smells, odours and noise in accordance with policies CP7, DBE9 & RP5A of the adopted Local Plan 1998 & 2006, policies DM9 & DM21 of the Local Plan Submission Version 2017, and the NPPF.

5

The use hereby permitted shall only be open to customers between the hours of 10am to 10pm daily.

Reason: In order to minimise disturbance to local residents, in accordance with policies RP5A and DBE9 of the adopted Local Plan and Alterations 1998 & 2006, policy DM21 of the Local Plan Submission Version 2017, and the NPPF.

6

No deliveries shall be taken at or dispatched from the site outside the hours of 10am to 6pm on Mondays to Fridays, 10am to 1pm on Saturdays, nor at any time on Sundays, Bank or Public Holidays.

Reason: In order to minimise disturbance to local residents, in accordance with policies RP5A and DBE9 of the adopted Local Plan 1998 & 2006, Policy DM21 of the Local Plan Submission Version 2017, and the NPPF.

7

The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those specified on the approved plans.

Reason: To ensure a satisfactory appearance in the interests of visual amenity of the area, in accordance with policy DBE10 [or DBE1 if structure is not a residential extension] of the adopted Local Plan 1998 & 2006, and Policy DM9 of the Local Plan Submission Version 2017, and the NPPF.

8

The use hereby permitted shall be operated in accordance with the Management Strategy by ADA Group (dated 3 May 2022).

Reason: In order to minimise disturbance to local residents, in accordance with policies RP5A and DBE9 of the adopted Local Plan 1998 & 2006, policy DM9 and DM21 of the Local Plan Submission Version 2017, and the NPPF 2019.

9

The rating level of noise (as defined by BS4142:2014) emitted from any mechanical equipment installed must not exceed the prevailing background noise level. The measurement position and assessment shall be made according to BS4142:2014 +A1:2014. 

Reason: To maintain reasonable levels of protection for the occupiers of the development from external noise and in accordance with policies RP5A and DBE9 of the adopted Local Plan and Alterations and polices DM9 and DM21 of the Local Plan Submission Version 2017, and the NPPF.

Informatives: (1)

10

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 may 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.