Agenda item

The Planning Officer introduced the report, and informed Members that  the lack of need for the A1 shop had been accepted, and that the change of use to a hot food takeaway outlet was acceptable in principle given there was no other community need, including use as a one bedroomed affordable flat.  He reported that the application was supported by a Noise and Odour Report which had satisfied the Environmental Health Officer,  and subject to a condition relocating the chimney to the ridge, there would be no adverse impact or harm to the conservation area.

The following spoke under the Public Participation at Meetings Scheme:

·         Mr James Mee, Supporter

·         Mrs Julie Graham, Objector

·         Mrs Penny Sedgewick, Objector

·         Mr David Graham, Objector

·         Cllr Heather Rodgers, Hathersage Parish Council, Objector

·         Mr Darren Ashton, Business Partner of Applicant

Although Members had some concerns over the amenity impact on neighbours, and possible problem with odours coming from the premises, it was felt that with regular maintenance of the extraction and filter system, the problem could be minimised.  There were other commercial food premises within the locality, but to date there had been no complaints from the local residents regarding odour nuisance.

Members asked for an amendment to Condition 4 to add the word “serviced” so the Condition reads “The specification for the extraction and filtration systems shall thereafter be operated, serviced and maintained” and an extra Condition relating to the provision of a bin for customers to use during opening hours.

The Officer recommendation to approve the application was moved and seconded.

The Officer recommendation to approve the application subject to an amendment to Condition 4 and an additional Condition relating to the provision of a bin, was moved, seconded, put to the vote and carried.

RESOLVED

To APPROVE the application subject to the following conditions or modifications:

1.    Standard time limit

2.    The development shall not be carried out other than in complete accordance with the submitted plans A3_01, A3_04,  and specifications subject to the following considerations or modifications.

3.    Opening hours, Monday to Friday 11:30 to 21:00 and on Saturdays, Sundays and Bank Holiday Mondays 11:00 to 21:00.

4.    Before the use hereby permitted takes place, the final detailed specification and design for the extraction and filtration system shall be installed in accordance with a scheme to first be submitted to and approved by the National Park Authority. The approved scheme shall achieve a target level of no more than 33dbLAeq 1m from the façade of the nearest dwelling (assessed in accordance with BS4142:2014). The specification for the extraction and filtration system shall thereafter be operated, serviced and maintained in accordance with that approval throughout the lifetime of the development to prevent noise and odour nuisance.

5.    Prior to commencing the use hereby permitted the extraction unit and systems stated in the ‘Purified Air - Specification & Defra Report’ shall be installed and throughout the lifetime of the development these shall be permanently maintained in accordance with the submitted ‘Purified Air – Preventative Maintenance Contract’.

6.    The chimney hereby approved shall be made of natural gritstone and sited on the ridge to match the existing chimneys on the same terrace of properties.

7.    During opening hours, a bin shall be made available for customers to use for disposal of rubbish.

15:25 Cllr Kath Potter and Cllr Chris Carr left the meeting