Appeal 6001163

The appeal is allowed and planning permission is granted for change of use from A2 (office) to A3 (restaurant) with ancillary A5 without complying with condition No 3 attached to planning permission [name]/03283/014, dated 18 December 2018, but subject to the conditions in the attached schedule.

The appeal property is operating as a restaurant and hot food takeaway. The appellant wishes to extend the opening hours from those originally imposed to 08:00 – 02:00 daily.

The Council refused the application for the reason that it would be harmful to the living conditions of neighbouring occupiers, due to noise and disturbance from the operation of the restaurant/take-away and comings and goings at unsociable hours.

The main issue is therefore the effect that varying the opening hours would have on the living conditions of neighbouring occupiers, with particular regard to noise and disturbance.

The appeal site is located on the eastern side of [site address] within a row of terraced properties which have commercial units at ground floor and residential use on the upper floors. There is a service road to the rear of the appeal site, beyond which are further residential properties on [address]. On the opposite side of [site address] are large commercial units and their associated parking areas.

At my site visit during a weekday afternoon, I saw that the site is in a vibrant and busy mixed-use area. [site address] is a principal route through Slough and I saw constant vehicle movements, including frequent bus services stopping in close proximity to the site. As a result, there was a continuous level of background noise associated with traffic flows and general activity in the area. [name] appreciate my visit can only be a snapshot in time, I have no reason to believe that what I experienced was not typical of circumstances at this site. However, I also acknowledge that activity levels and associated ambient noise levels are likely to reduce overnight.

The evidence submitted indicates that commercial premises in the area have a variety of opening hours. Both parties refer to two nearby premises at 246 and 248 [site address] which operate as restaurants with ancillary takeaway facilities and which were granted planning permission to open until 02:00. The Council states that, since those permissions were granted, the concentration of late-night uses in the area has intensified as the former bank premises at 230-234 [site address] has been split into three individual businesses.

I observed a number of takeaways, restaurants, bars and cafés in the vicinity of the appeal site. It is suggested that the arrival of customers at, and their congregation outside, these premises during the evenings and early hours of the morning has resulted in of noise and disturbance, to the detriment of neighbouring occupiers.

However, there is no evidence submitted to show that those units with later opening hours have generated unacceptable levels of noise and disturbance. There is also nothing before me to demonstrate that there is an over concentration of restaurant / takeaway uses resulting in noise and disturbance to neighbouring occupiers. Moreover, I note that the Council’s Environmental Protection consultee confirms they have no complaints recorded.

Thus, in the absence of substantive evidence to the contrary, I do not find that allowing the appeal premises to open until 02:00 would be harmful to the living conditions of neighbouring occupiers. Consequently, I find no conflict with Core Policy 8 of the Slough Local Development Framework Core Strategy Development Plan Document 2008. This policy requires, amongst other things, that development respects its location and surroundings and does not give rise to unacceptable levels of pollution, including noise.

Planning Practice Guidance (PPG) makes clear that decision notices for the grant of planning permission under section 73 should also restate the conditions imposed on earlier permissions that continue to have effect. As the development that was originally granted planning permission has been started, it is not necessary to impose a time limit condition. I have no information before me about the status of the other conditions imposed on the original planning permission, therefore I shall impose all those that I consider remain relevant. In the event that some have in fact been discharged, that is a matter which can be addressed by the parties. I have modified the wording of some conditions in accordance with the PPG for reasons of precision and enforceability.

Based on the above considerations, I conclude that the proposal accords with the development plan and the appeal should be allowed.

The development hereby approved shall be implemented only in accordance with the following plans and drawings hereby approved unless otherwise agreed in writing by the Local Planning Authority. (a) [name]. 2018-0202-001, Dated 14.11.2018 (b) [name]. 2018-0202-002, Dated 13.11.2018 (c) [name]. 2018-0202-003, Dated 13.11.2018 (d) Undated 5no. A4 sheets relating to [name] TCBBx2/TCBTx2 Series (e) Design & [name], [name] 2018

The premises shall only be open for customers between 08:00 – 02:00 Monday – Sunday.

The use shall not take place until such time as residual and recycling bins have been provided on site in accordance with details to be approved in writing by the Local Planning Authority. The refuse bins shall be retained on site thereafter.

Prior to first occupation details of measures for the disposal of fats, oils and grease, installation details for a fat trap(s), the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel (inline with best practice guidance) hereby granted permission have been submitted to and approved by the Local Planning Authority and these approved details shall be implemented on site prior to first occupation of the development and shall be maintained in perpetuity.

The use hereby permitted shall not operate unless a ventilation system is installed which includes a filtration system capable of neutralising odours. The filtration system shall at all times be installed, maintained and operated so as to prevent nuisance to neighbouring residents caused by cooking odours.

All plant, machinery and equipment (including refrigeration, extractor flue and air conditioning systems) to be used by the reason of the granting of this permission shall be so installed, maintained and operated so as to prevent the transmission of noise and vibration into any neighbouring premises.

No public/customer entrance or exit shall be provided via the doors to the rear of the premises. The public/customers shall only enter and exit the premises using the entrance fronting [site address] .

All loading and unloading of delivery vehicles shall take place at the rear of the premises and there shall be no means of vehicular access or loading/unloading of goods at the front of the premises. No vehicles for delivery purposes may arrive, depart, be loaded or unloaded except between the hours of 08:00 and 18:00 Mondays to Fridays, and 08:00 and 13:00 hours on Saturdays, and at no time on Sundays and [name]. End of Conditions