Town and County Planning Act 1990 – Full Planning Application – Change of use of ground floor commercial unit (Use Class E) to Hot Food Takeaway (Use Class Sui Generis) – 88 Burnley Road, Padiham, Lancashire, BB12 8QN
Applicant: Mr Norman Nazir
Agent: Mr Shams-Ul Alam
In accordance with council procedure rule 16.4, Councillor Alan Hosker requested a named vote in relation to this application. The request was rejected as less than one quarter of Members of the Committee voted in support of the request.
Decision: That planning permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this planning permission.
REASON: Required to be imposed by 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 shall be carried out in accordance with the approved plans listed on this notice below.
REASON: To ensure the development is implemented in accordance with the approved plans and to avoid ambiguity
3. The extraction equipment as proposed shown on ‘Drawing Number – Job Number: (88BURN) – Classification (20) – Area: PL – Number 03’ shall be installed prior to commencement of the hereby approved use, maintained to minimise noise and odour emissions and retained for the duration of the approved use.
REASON: To prevent loss of amenity to nearby residential premises arising from cooking odours and / or extraction system noise in accordance with Policy SP5 of the Local Plan.
4. The proposed widening of the doorway to the lower ground level of the rear existing outrigger and the provision of the proposed refuse and recycling storage hereby approved shall be implemented prior to the commencement of the use as shown on: • Drawing Number – Job Number: (88BURN) – Classification (20) – Area: PL – Number 03
REASON: To ensure an acceptable standard of residential amenity in accordance with Policies TC7 and SP5 of the Local Plan.
5. The approved use shall be restricted to the following times: • 11am to 11pm Monday to Thursday and Sundays; and • 11am to 12am (Midnight) Friday to Saturday and Bank Holidays
REASON: To safeguard the amenities of the adjoining premises and the area generally; in accordance with Policy SP5 of the Local Plan.
6. Unless otherwise agreed in writing with the Local Planning Authority, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, or any equivalent Order following the revocation and re-enactment thereof (with or without modification), shall be used as a Hot Food Takeaway (Use Class Sui Generis) and for no other use within these use classes as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended).
REASON: To ensure that the property is used solely as its intended use as any other use within use class may not be considered acceptable in the interest of amenity of the area and the area generally in accordance with Policies SP1, SP4, SP5 and TC7 of the Local Plan.
At this point, Councillor Anne Kelly left the meeting.