Agenda item

Town and Country Planning Act 1990

Variation of Condition 3 of COU/2021/0536 (Hours of Operation)

148 – 150 Colne Road, Burnley, Lancashire, BB10 1DT

Decision

That planning consent be granted subject to the following conditions.

Conditions and reasons for conditions

1.     Unless explicitly required by condition within this consent, the development hereby permitted shall be carried out in complete accordance with the proposals as detailed on drawings:

Existing and Proposed Plans: 2077/01 Rev A.

Reason: For the avoidance of doubt and to clarify which plans are relevant to the consent.

2.     The use of the premises hereby permitted shall only be operated between the following hour: 11:00 – 00:00 Monday to Sunday including Bank Holidays.

Reason: To define the scope of the consent hereby approved and in order to protect nearby residential amenity.

3.     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 café (Use Class E) at ground floor with ancillary storage and office at first floor (Use Class E) 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, TC2 and EMP3 of the Local Plan.

4.     The proposed refuse provision hereby approved shall be implemented prior to the commencement of the use hereby approved. Thereafter the approved facilities together with the means of access thereto shall be maintained and carried out as approved and be retained for the benefit of the lifetime of the development hereby permitted.

Reason: In the interests of amenity in accordance with Policies SP5 of the Local Plan.

5.     Prior to the extraction flue being first brought into use all external parts of the flue and cowl and associated fitments shall be coloured black/a dark matt finish and retained as such at all times in the future.

Reason: In the interests of amenity in accordance with Policies SP5 of the Local Plan.

6.     Notwithstanding the submitted details, prior to implementation of the extended opening hours hereby approved a Noise Management Plan shall have been submitted to, and agreed in writing by, the Local Planning Authority. For the avoidance of doubt the submitted document shall provide details for the control of patrons when leaving, especially late at night, use of any outside space, the noise monitoring procedure, procedure for addressing any complaints received, and details of mitigation methods (if required). The approved plan shall thereafter be adhered to during the use of the facility hereby approved and any mitigation measures undertaken prior to the first use of the development thereby approved.

Reason: To ensure the satisfactory management of the site in the interests of general amenity of the area and to safeguard where appropriate neighbouring residential amenity.