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No.Condition Text
1.This permission seeks a material amendment to planning permission 3PL/2016/1299/CU. The development must commence in accordance with the time scale and conditions set out in the original permission unless varied by this permission. Reason for condition:- To comply with section 92 of the Town & Country Planning Act 1999 (as amended).
2.The development must be carried out in strict accordance with the application form, and approved documents and drawings as set out in the table at the end of this notice. Reason for condition:- To ensure the satisfactory development of the site.
3.The approved extraction system shown on the submitted drawings shall be installed in accordance with the approved details. The kitchen extract system shall provide odour control by means of filters or otherwise to the standards recommended in annexe B of 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhausts Systems (2005)' produced by Defra. The extract system shall be installed and maintained to the standard required by the manufacturer. Only those extraction systems, extract vents, air conditioning units or cooling fans which have been agreed shall be installed on site. The stack shall not include any type of cowl or collar which would restrict flow at the discharge point or cause the extracted air to be directed downwards. Reason for condition:- In the interest of the amenities of nearby residents
4.Within 1 month of the date of this decision, a noise attenuation scheme that would ensure the development shall not generate a noise level measured at the nearest residential boundary greater than 5dBA above the existing background level shall be submitted to and approved by the Local Planning Authority. Measurements to be taken using the methodology of BS4142: 1997. All measurements to be taken with a sound level meter of IEC 651 Type 1, or BS EN 61672 Class 1, standard (or the equivalent relevant UK adopted standard in force at the time of the measurements) set to measure using a fast time weighted response. This should be calibrated in accordance with the procedure specified in BS 4142: 1997 (or the equivalent relevant UK adopted standard in force at the time of the measurements). The scheme shall be completed in accordance with the approved details prior to first use. Reason for condition:- In the interest of the amenities of nearby residents
5.An adequate system for waste storage and for collection of waste for disposal shall be provided for all commercial waste within lidded bins. The storage of any waste or used cooking oil shall be within sealed containers and removed and disposed of regularly by a registered contractor. Reason for condition:- In the interest of the amenities of nearby residents
6.No customer shall be permitted on the premises outside the hours of 11:00 to 21:00 Monday to Saturday; 11:00 to 21:00 on Bank Holidays or at anytime on Sundays. Reason for condition: In the interest of the amenities of nearby residents.
7.The extraction system/flue shall be no higher than 1m above the ridge of the building. Reason for condition:- In order to protect the special architectural or historic interest of the building.
8.NOTES: Guidance on the Control of Odour and Noise from Commercial Kitchen Exhausts Systems can be purchased from HMSO, product code PB10527, or downloaded free of charge at the following web address: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/69280/pb10527-kitchen-exhaust-0105.pdf
9.Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. You or your agent or any person responsible for implementing this permission should inform the Development Control Section immediately of any proposed variation from the approved plans and ask to be advised to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
10.If the formal discharge of any condition is required, it will be necessary for you to submit to the Council all relevant details, together with a completed application for the "Discharge of Conditions" and the fee as appropriate.
11.The Local Planning Authority has acted positively and proactively in determining this application, and by assessing the application against all material considerations, including national guidance, planning policies and representations that have been received during the public consultation exercise, and by identifying matters of concern within the application and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal in as timely a manner as possible, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. Copies of all documentation submitted in connection with this application can be viewed online at http://www.breckland.gov.uk/content/planning-search-0
12.Appeals against planning decisions If you are aggrieved by the decision of your local planning authority to attach any particular condition/s to this permission, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990. If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against your local planning authority's decision on your application, then you must do so within: 28 days of the date of service of the enforcement notice, or within 6 months (12 weeks in the case of a householder appeal) of the date of this notice, whichever period expires earlier. If you want to appeal against your local planning authority's decision then you must do so within 6 months of the date of this notice. Appeals must be made using a form which you can get from the Secretary of State at Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.co.uk The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.