Conditions / Refusal Reasons
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.
Reason: By virtue of Sections 91 to 95 of the Town and Country Planning Act 1990 as amended by section 51 of the Planning and Compulsory Purchase Act 2004.
That the development hereby approved shall be carried out in accordance with the details shown on the following approved plans, 2107 02 Rev A, LOC 001, 2107 03, 2107 04, 2107 02 and 2017 04, except as controlled or modified by conditions of this permission.
Reason: To secure the proper planning of the area in accordance with Development Plan policies.
The exterior of the development hereby permitted shall only be constructed in the materials specified on the plans/supporting documents hereby approved or in materials which shall previously have been approved in writing by the Local Planning Authority.
Reason: In the interests of the visual appearance of the development in accordance with Policies DES1, DES2 and ENV8 of the South Oxfordshire Local Plan 2035.
The hours of use for the outside space shall be restricted to 10:00-22:00 Monday to Saturday and 10:00-18:00 on Sundays and public holidays with the exception of people in transit to and from the toilet facilities.
Reason: To ensure that the development is not unneighbourly in accordance with Policy DES6 of the South Oxfordshire Local Plan 2035.
Prior to the first use of the development hereby approved a scheme for the control of noise from the building shall be submitted to and approved in writing by the Local Planning Authority. Any equipment, plant or process provided or undertaken in pursuance of this condition shall be operated and retained in compliance with the approved scheme.
N.B. this condition is intended to control noise from the inside of the building and should consider noise control from points of access and egress - for example the proposed access points, sealing the building from internal noise, upgrading the acoustic specification of windows where necessary, ensuring that any ventilation points and entry for fresh air feeds are appropriately acoustically protected.
Reason: To protect the occupants of nearby residential properties from noise disturbance in accordance with Policy ENV12 of the South Oxfordshire Local Plan 2035.
Prior to the first use of the development hereby approved details about the noise and odour control techniques from the kitchen extraction shall be submitted to and approved, in writing, by the Local Planning Authority.
A noise report must be produced in accordance with "BS 4142 (2014), Method for rating industrial and commercial sound" and include the following information;
o Noise levels produced by the [air conditioning units etc] at the nearest noise sensitive location
o The rating level of the noise - is it tonal or intermittent?
o The times of operation of the equipment
o The background noise level at the nearest noise sensitive location
It is strongly recommend that the applicant engages a competent acoustic consultant to undertake this assessment.
Technical details of the kitchen extract regarding odour shall also be supplied, these should include;
o The height of the termination of the extract with reference to the surrounding roof levels,
o The effective stack height - calculated from the efflux velocity (air speed as it leaves the duct), the wind speed at the top of the stack (based on prevailing weather conditions), and the internal diameter of the stack.
o The type of odour abatement (charcoal filters etc)
o The performance of odour filters.
o Information regarding the types and quantities of food being prepared.
Thereafter, the development shall not be carried out other than in accordance with the approved details.
It is recommended that the applicant refer to the Defra 'Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems' (January 2005) for further information. This guide can be located at:
www.defra.gov.uk/environment/noiseresearch/kitchenexhaust/index.htm
Reason: To protect the occupants of nearby residential properties and/or Businesses from noise and odour disturbance in accordance with Policy ENV12 of the South Oxfordshire Local Plan 2035.