Agenda item

Erection of a free standing ice cream kiosk on forecourt

Item 8 (e) – 71A Victoria Road West, Thornton Cleveleys, Lancashire, FY5 1AJ

17/01077/FUL

 RCA Interiors.  Erection of a free standing ice cream kiosk on forecourt.  71A Victoria Road West, Thornton Cleveleys, Lancashire, FY5 1AJ.

This application was before the Planning Committee because it was considered to be a distinctive and unusual development and the Local Planning Authority had not previously dealt with anything of this nature before. It could also have had the potential to set a precedent for similar proposals, which could generate a high level of public interest. Committee Members therefore had the benefit of a site visit before the public meeting, to enable Members to understand the proposal and its setting upon the main road, as well as the photos taken by the case officer.

The Committee considered that the development should not be permitted as permanent development having regard to policy SP14 of the Wyre Borough Local Plan and that an additional condition requiring removal after four years would be required if permission were to be granted.

The application was approved as per the recommendation in the report of the Head of Planning Services, subject to the conditions and for the reasons set out in his report and to an additional condition with reasons as follows:

 Conditions and Reasons

1.  The development must be begun before the expiration of three years beginning with the date of this permission.

Reason: This condition is required to be imposed pursuant to 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 shall be carried out, except where modified by the conditions to this permission, in accordance with the Planning Application received by the Local Planning Authority on 20th November 2017 including the following plans/documents:

            Ground Floor Plan (Revised) Drwg No 1 1404

            Kiosk Plans and Elevations Drwg No 2 1404

            Shutter Plans Drwg No 3 1404

            Revised Location Plan

The development shall be retained hereafter in accordance with this detail.

Reason: For the avoidance of doubt and so that the Local Planning Authority shall be satisfied as to the details.

3.  The development shall be carried out using those materials specified on the approved plan, namely 

Steel box framing RAL 7026 granite grey

Oak timber panel inserts (sample of this material also provided)

Reason: To safeguard the visual amenities of the locality and in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

4.  Notwithstanding the details submitted for the shutter, building work shall not commence until details of the style, design and colour of the shutter are submitted to and approved in writing by the Local Planning Authority. The development shall be carried out using the approved materials.

Reason: To safeguard the visual amenities of the locality and in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999). The details are required prior to the commencement of the development because they were not submitted with the application.

5.  No amplified recorded or live music shall be played at any time in the kiosk hereby approved.

Reason: To avoid an unacceptable impact on residential amenity by virtue of noise in accordance with Policy SP14 of the adopted Wyre Borough Local Plan (July 1999) and the National Planning Policy Framework.

6.  The use of the kiosk hereby permitted shall not operate outside the hours of 08.00 to 20.00.

Reason: In the interests of the amenity of occupiers of neighbouring and nearby residential properties in accordance with Policy SP14 of the adopted Wyre Borough Local Plan (July 1999).

7.  Noise and vibration from all plant, machinery and equipment connected with the use of the kiosk hereby permitted shall be inaudible inside noise sensitive premises (with their windows open or closed) and within their outside amenity areas (to include balconies).

Reason:  To minimise the risk of noise pollution that may cause nuisance and harm the amenity and/or health of occupiers of nearby buildings, in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999) and the National Planning Policy Framework.

8.  The use of the kiosk hereby approved shall not involve the cooking or sale of hot food.

Reason:  To minimise the risk of odours that may cause nuisance and harm the amenity of occupiers of nearby buildings, in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999),

9.  When in place the kiosk shall be securely anchored to the ground at all times.

Reason: The site is located in Flood Zone 3 and so to prevent it from becoming mobile during a flood event to ensure an appropriate development in accordance with the National Planning Policy Framework.

10.  The kiosk authorised by this permission shall be removed not later than 1st October of each calendar year and immediately following each such removal there shall be carried out such works as may be required for the reinstatement of the land to its condition before the development took place.  The kiosk shall not subsequently be placed again on the site before 1st March of each calendar year.

Reason : To enable the Local Planning Authority to retain a measure of control over the development in a prominent location thereby safeguarding the amenities of the area in accordance with policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

11.  The use of the kiosk shall be restricted to purposes which are ancillary to the main use of 71A Victoria Road West and shall not be used as a separate unit.

Reason: To prevent the over-development of the site in accordance with Policy SP14 of the Adopted Wyre Borough Local Plan (July 1999).

12. The kiosk authorised by this permission shall be removed and the land restored to its former condition on or before 6th June 2022.

Reason: The development is such that it would not be permitted as permanent development having regard to Policy SP14 of the adopted Wyre Borough Local Plan.