SINGLE STOREY REAR EXTENSION TO CREATE KITCHEN AND RESTAURANT WITH ENTRANCE ONTO CAR PARK, INTERNAL ALTERATIONS TO LAYOUT AND CONVERT FIRST FLOOR FROM C2 RESIDENTIAL USE TO ANCILLARY WC’S, OFFICE AND BEDSIT, ALTER CAR PARK LAYOUT AND WIDEN VEHICULAR ACCESS.

Mr John, an objector,  was present and addressed the committee setting out his concerns in relation to the application.

Mr Dooley, the applicant, was present and addressed the committee in support of the application.

The site was located in a residential area and the public house use was clearly established. The Brave Nelson was also designated as an asset of community value. The NPPF stated that to help achieved economic growth, local planning authorities should plan proactively to meet the development needs of businesses (paragraph 20) and planning decisions should ensure established facilities and services were able to develop and modernize in a way that was sustainable and retained for the benefit of the community (paragraph 70). The principle of expanding the building to provide larger facilities for the public house and a restaurant was therefore considered acceptable and this was supported by the majority of committee members.  It was considered that a ‘drinking pub’ would cause more problems for neighbours than a pub with a restaurant, particularly as in this case food was only to be served in the evenings during the week and 12.00pm to 12.00am at weekends.

Following a full discussion, Cllr Bridge MOVED and Cllr Russell SECONDED that application 17/01442/FUL  - The Brave Nelson, 138 Woodman Road, Warley, Essex CM14 5AL – be APPROVED subject to the conditions set out in the agenda with the exception of condition no.10 and with the addition of the following condition:

The opening hours of the restaurant will be 6pm – midnight Monday – Friday,  12 Noon – 12 Midnight Saturday, Sunday and Public Holidays.  All customers to be off the premises by 12 Midnight.

A vote was taken on a show of hands and Members voted as follows:

FOR:  Cllrs Bridge, Faragher, Mrs Pound, Reed, Russell, Mrs Slade and Wiles (7)

AGAINST:  Cllr Newberry (1)

ABSTAIN:  Cllr Mynott (1)

The Motion was CARRIED 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.

Reason:  To comply 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 not be carried out except in complete accordance with the approved drawing(s) listed above and specifications.

Reason:  To ensure that the development is as permitted by the local planning authority and for the avoidance of doubt.

3          The materials to be used in the construction of the external surfaces of the building hereby permitted shall match those used in the existing building.

Reason:  In order to safeguard the character and appearance of the area.

4          No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for:

i.          the parking of vehicles of site operatives and visitors

ii.         loading and unloading of plant and materials

iii.        storage of plant and materials used in constructing the development

iv.        hours of working and hours during which deliveries may be taken at the site

Reason:  In the interests of highway safety, visual and neighbour amenity. Given the nature of these necessary details, it is fundamental that this information is provided prior to any development being commenced.

5          Notwithstanding the width of the extended vehicular access shown on planning drawing 2395 LO1. The vehicular access for the car park and shall be relocated towards the east of the proposal site frontage and shall be provided with a dropped kerb crossover with a total width of no more than 8 metres. The access shall be constructed at right angles to the existing carriageway and shall be provided with an appropriate dropped kerb vehicular crossing of the footway. Full details to be submitted and agreed with the Local Planning Authority prior to its first use.  The development shall be undertaken in accordance with the approved plans.

Reason: To ensure that vehicles can enter and leave the highway in a controlled manner in the interest of highway safety.

6          A minimum width of 9 metres of part of the existing and redundant dropped kerb access immediately to the west of the re-provided vehicular access shall be suitably and permanently closed incorporating the reinstatement to full height of the footway and kerbing immediately the revised access (as described in condition 5 above) is brought into first beneficial use. Full details to be submitted and agreed with the Local Planning Authority.

Reason: To ensure the removal of and to preclude the creation of unnecessary points of traffic conflict in the highway in the interests of highway safety.

7          Any mechanical ventilation must be capable of supplying fresh air to the kitchen with at least 20 air change/hour. Additionally, a ventilation hood located over the oven and heating appliance equipped with a grease filter should be installed. An activated carbon filtration system will need to be installed after the grease filter.

The extraction system will require adequate noise and vibration attenuation measures and details, assessment and recommendations of the system will be required by the Planning authority concerning its proposed acoustic performance. The system will normally be required to terminate at least 1m above the highest roof level.

The level and the efflux velocity of the discharge shall be a minimum of 15m/sec.

A suitable flue termination such as Scandinavian sleeve must be provided.

These details shall be submitted to and approved in writing by the local planning authority prior to the occupation of the development hereby approved and the approved details shall be provided prior to the first occupation of the development hereby permitted.

Reason: In the interests of the residential amenity of the adjoining residents.

8          A suitable and sufficient grease trap shall be installed within the foul drainage system. Details of which shall be submitted to and approved in writing by the local planning authority prior to the first occupation of the development hereby approved. The development shall be constructed in accordance with the approved details and the grease trap shall be provided prior to the first occupation of the development.

Reason: In the interests of the residential amenity of the adjoining residents.

9          No development above ground level shall be undertaken until full refuse facility details have been submitted to and approved in writing by the local planning authority. The approved facilities shall be provided on site prior to the first occupation of the development hereby approved and thereafter permanently retained.

Reason: In the interests of the residential amenity of the adjoining residents.

10.       No development above ground level shall be undertaken until a scheme of hard and soft landscaping has been submitted to and approved in writing by the local planning authority. The submitted scheme shall indicate the existing trees shrubs and hedgerows to be retained, the location, species and size of all new trees, shrubs and hedgerows to be planted or transplanted, those areas to be grassed and/or paved. The landscaping scheme shall include details of all hard-surfacing materials. The landscaping scheme shall be completed during the first planting season after the date on which any part of the development is commenced or in accordance with a programme to be agreed in writing by the local planning authority. Any newly planted tree, shrub or hedgerow or any existing tree, shrub or hedgerow to be retained, that dies, or is uprooted, severely damaged or seriously diseased, within five years of the completion of the development, shall be replaced within the next planting season with another of the same species and of a similar size, unless the local planning authority gives prior written consent to any variation.

Reason:  In order to safeguard and enhance the character and appearance of the area.

11.    The opening hours of the restaurant will be 6pm – midnight Monday – Friday,  12 Noon – 12 Midnight Saturday, Sunday and Public Holidays.  All customers to be off the premises by 12 Midnight