Agenda item

Town and Country Planning Act 1990 - Full Planning Application. Change of use from shop to hot food takeaway (Sui-Generis). Re-submission of COU/2020/0081 327 Manchester Road, Burnley, Lancashire, BB11 4HD

APPLICANT: Mrs Yasemin Yildiz

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 ‘Proposed change of use of No. 327 Manchester Road Burnley – Existing and Proposed Plans – REV A’ 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 No process shall be carried on nor machinery installed which could not be carried on or installed in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

REASON: To safeguard the amenities of the nearby residential area, in accordance with policy SP5 Burnley’s Local Plan 2018

5. The use hereby approved, including the operation of external plant and machinery, shall not operate outside the hours of 0700 and 2300.

REASON: To protect the amenities of nearby residents, in accordance with policies NE5 and SP5 of the Burnley’s adopted Local Plan 2018

6. The use hereby approved shall not start until a detailed scheme for the collection and dispersal of cooking odours has been submitted to and approved in writing by the local planning authority. Such scheme as may be approved shall be implemented before the use starts and thereafter maintained in good working order at all times.

REASON: To protect the surrounding environment, including occupiers of nearby premises, from nuisance from cooking odours, in accordance with Policy TC7 of the Burnley’s adopted Local Plan 2018

7. Before the external ventilation flue is used on the premises, it shall be enclosed with sound insulating material and/or mounted in a way that will minimise transmission of noise (including vibration) in accordance with a scheme to be approved in writing by the Local Planning Authority, and be thereafter maintained.

REASON: To protect the character and amenities of neighbouring areas by ensuring that measures are implemented to avoid any noise nuisance, in accordance with Policy TC7 of the Burnley’s adopted Local Plan2018

8. The approved use shall be restricted to the following times: • 16:00 to 22:00 Monday to Saturday; and • 16:00 to 21:00 Sundays 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.

9 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.