Agenda item

Item starts at 1 hour and 56 minutes into the recording.

1.     The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 23/00879/FUL in respect of the relocation of the approved commercial kitchen extractor vent at 6A Victoria Road, Mortimer Common.

2.     Lewis Richards introduced the report to Members, which took account of all the relevant policy considerations and other material planning considerations. In conclusion the report detailed that the proposal was acceptable in planning terms and officers recommended that the Development Control Manager be authorised to grant planning permission subject to the conditions outlined in the main and update reports.

3.     In accordance with the Council’s Constitution, Mr Graham Bridgman, Parish Council representative, and Councillor Nick Carter, Ward Member, addressed the Committee on this application.

Parish Council Representation

4.     Mr Graham Bridgman in addressing the Committee raised the following points:

·         The Parish Council had no objection to the relocation of the extractor fan and that the proposal should improve the issues with the smell and noise.

Member Questions to the Parish

5.     Members did not have any questions of clarification.

Ward Member Representation

6.     Councillor Nick Carter in addressing the Committee raised the following points:

·         That the issue of the smell was raised with the Parish Council and was dismissed, because it was not considered a planning matter and it was stated that the odour had allegedly dissipated after two days, which was untrue.

·         Questions were raised over why the original filter did not remove the odour and whether the extractor fan was fit for purpose.

Member Questions to the Ward Member

7.     Members did not have any questions of clarification.

Member Questions to Officers

8.     The Committee was informed that if the issues with smell persisted, Environmental Health would get involved.

Debate

9.     Councillor Somner opened the debate by expressing that this application aimed to fix the pre-existing issues.

10.  Councillor Somner proposed to accept Officer’s recommendation and grant planning permission subject to the conditions listed in the main report and update report. This was seconded by Councillor Cottam.

11.  The Chairman invited Members of the Committee to vote on the proposal by Councillor Somner, seconded by Councillor Cottam to grant planning permission. At the vote the motion was carried.

RESOLVED that the Development Control Manager be authorised to grant planning permission subject to the following conditions:

Conditions

1.   The development hereby permitted shall begin before the expiration of three years from the date of this permission.

Reason: To comply with 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 hereby permitted shall be carried out in accordance with the approved plans and documents listed below:

Site Location Plan received on 26/04/2023

220930-AE100 – Approved Site Block Plan received on 26/04/2023

220930-AP101 – Proposed Floor Plan received on 26/04/2023

220930-AP201 – Amended Proposed Elevation received on 20/09/2023

220930-AP202 – Amended Proposed Elevation received on 20/09/2023

220930-AP903 – Kitchen Extractor Detail received on 26/04/2023

Reason: For the avoidance of doubt and in the interest of proper planning.

3.   The materials to be used in the development hereby permitted shall be as specified on the proposed elevation plans.  Where stated that materials shall match the existing, those materials shall match those on the existing development in colour, size and texture.

Reason: To ensure that the external materials are visually attractive and respond to local character. This condition is imposed in accordance with the National Planning Policy Framework (2023), Policies CS14 and CS19 of the West Berkshire Core Strategy (2006-2026), Policy GD5 of the Stratfield Mortimer Neighbourhood Development Plan 2017, Supplementary Planning Document Quality Design (June 2006), and the Town/Village Design Statement for Stratfield Mortimer 2007.

4.   The hours of work for all contractors for the duration of the site development shall unless otherwise agreed by the Local Planning Authority in writing be limited to:

7:30 am. to 6:00 pm. on Mondays to Fridays, 8:30 am. to 1:00 pm. on Saturdays and NO work shall be carried out on Sundays or Bank Holidays.

Reason: To safeguard the amenities of surrounding occupiers. This condition is imposed in accordance with the National Planning Policy Framework (2023), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policies OVS4 and OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

5.   The commercial use (Use Class E) shall not be open to customers outside the following hours, 07:30- 23:00 on any day.

Reason: To safeguard the amenities of surrounding occupiers.  This condition is imposed in accordance with the National Planning Policy Framework (2023), Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policies OVS5 and OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

6.   The development hereby approved shall not be brought into use until the fume extraction and filtration equipment have been installed at the premises in accordance with submitted Drawing No. AP903 ‘Kitchen Extractor Details’ dated 30/09/2022 by Studio Noi and in accordance with the details submitted in emails from Fetdah Cura to Erica Myers dated 4 July 2023 (14:27) and 5 July 2023 (13:51). The equipment shall thereafter be retained, operated and maintained in its approved form and in accordance with the manufacturer’s recommendations for so long as the use hereby permitted remains on site.

Reason: To ensure that no nuisance or disturbance is caused to the occupiers of neighbouring properties.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS14 of the West Berkshire Core Strategy (2006-2026) and Policies OVS5 and OVS6 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

Informative

1. This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development.  In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.