Agenda item

Installation of replacement and new external patio area, and change of use of first floor and external area to restaurant (A3) use (Part retrospective) at 7 - 9 High Street, Aylesford.

RESOLVED:    That the application be

APPROVED in accordance with the submitted details set out in the report of the Director of Planning, Housing and Environmental Health; subject  to:

(1)         A suitable legal mechanism (condition or legal undertaking) to provide control over the hours of use of the garden area as described in paragraph 6.13

(2)         The conditions, reasons and informatives set out in the main report of the Director of Planning, Housing and Environmental Health

(3)         Amended Conditions 2 and 6, as set out below:

2.  Within 1 month from the date of this permission, details of the acoustic protection measures to be installed at first floor level shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be installed on the site within 1 month of the date of approval and shall be retained in perpetuity.

Reason:  In the interests of residential amenity.

6.  Within 1 month from the date of this permission, details of a privacy screen to be of an imperforate design and not less than 2 metres in height to be positioned on the first floor terrace on the boundary with number 11 High Street, and a 2 metre high imperforate fence at ground floor level on the boundary with number 11 High Street shall be submitted to and approved in writing by the Local Planning Authority.  The approved screen shall subsequently be installed on the site within 1 month of the date of the approval and shall be retained in perpetuity.

Reason:  In the interests of amenity of adjoining neighbours.

(4)     Additional Conditions 7, 8 and 9 as set out below:

7.  The existing external lights on the patio shall be switched off between the hours of 23.00 and 08.00 and terrace area between 21.00 and 08.00

Reason:  In the interests of amenity of adjoining properties.

8.  A suitably worded condition limiting the illumination of the lighting on the outside of the building fronting the High Street to the hours that the restaurant is open for business in accordance with the terms of this permission.  Final details to be submitted to and approved by the Local Planning Authority.

Reason:   In the interests of residential amenity.

9. A suitably worded condition controlling bin storage location and design with the  final details to be submitted to and approved by the Local Planning Authority.

Reason:   In the interests of residential amenity.

Final wordings of Conditions 8 and 9 to be agreed by the Director of Planning, Housing and Environmental Health in liaison with the Director of Central Services.

(5)     Addition of Informative:

1.       The applicant is asked to consider the possibility of taxi and vehicular collection of patrons being made from the rear car park area, and to discourage congregation of persons outside the front of the property in order to protect the residential amenity of the occupants of the neighbouring dwellings.

[Speakers:  Ms A Cain, Mr G Sharpe, Ms A Hazelden, Mrs L Sharpe and Mr M Bowden – members of the public ]