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Agenda item
Store 4, Bottle Alley, (HS/FA/20/00688)
Minutes:
Proposal
Change of use to a flexible use of Class E (commercial and service) and Sui generis (takeaway)
Application No
HS/FA/20/00688
Conservation Area
Yes - Eversfield Place
Listed Building
No
Public Consultation
Yes – Council application on Council owned land
The Planning Services Manager presented the application for a change of use to a flexible use of Class E (commercial and service) and Sui generis (takeaway) of store 4, Bottle Alley, St Leonards on Sea (HS/FA/20/00688)
Councillors were shown plans and photographs of the store.
There were no external alternations to the site proposed in the application. The proposal for a flexible use will enable any of the proposed uses to be implemented, or changed to, within a ten-year period without the need for multiple planning permissions. The use in operation at the end of the ten-year period becomes the lawful use of the property from that date onwards.
Proposed uses within Class E are E(a) retail; E(b) café or restaurant; E(d) indoor sport/recreational fitness; and a sui generis takeaway. If the kiosk is to be used to serve food it is required to be pre-cooked off site so that an extractor fan is not necessary.
Other possible uses within Class E were not considered acceptable as they have no direct connection to, and do not enhance, the leisure and recreation aspect associated with the seaside location. What is more, they are identified as more vulnerable uses for flooding and therefore not permitted in a Flood Zone 3a without additional permissions.
Councillors debated the proposal.
Councillor Roberts proposed approval of the recommendation, seconded by Councillor O’Callaghan
RESOLVED (unanimously) that full planning permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
2. The development hereby permitted shall be carried out in accordance with
the following approved plans:
Location plan (ESAD 1654), site plan (BF/L1/5/3/2A), existing floor plan
(BF/L1/5/3/7) and proposed floor plan (BF/L1/5/3/8)
3. The premises shall not be used except between the following hours:
05:00 - 23:00 Monday - Friday,
05:00 - 23:00 Saturdays,
05:00 - 23:00 Sundays or Bank Holidays.
Any proposed changes to the above opening times shall be submitted and
approved by the Local Planning Authority.
4. The hereby approved flexible use of the premises excludes the following
uses:
Class E(c), Class E(e), Class E(f) and Class E(g).
5. Any retail (Class E(a)) use implemented on site should be of a mixed use
with a clear connection to leisure and recreation activities.
6. Notwithstanding the provisions of The Town and Country Planning (General
Permitted Development) (England) Order 2015 (or any order revoking and
re-enacting that Order with or without modification), no further change of use
shall take place unless first authorised in writing by the Local Planning
Authority.
7. Any hot food must be pre-cooked off site and heated on site in a microwave.
8. Any waste and recycling shall be securely stored within the footprint of the
building and taken to the closest collection point on the relevant collection
day.
Reasons:
1. This condition is imposed in accordance with the provisions of Section 91 of
the Town and Country Planning Act 1990.
2. For the avoidance of doubt and in the interests of proper planning.
3. To ensure a satisfactory standard of development.
4. To comply with Policies FA2 and FA6 of the Hastings local Plan - Hastings
Planning Strategy (2014) and Policy CQ1 of the Hastings Local Plan -
Development Management Plan (2015).
5. To comply with Policies FA2 and FA6 of the Hastings local Plan - Hastings
Planning Strategy (2014) and Policy CQ1 of the Hastings Local Plan -
Development Management Plan (2015).
6. To ensure that any further change of use is appropriate to the area and level
of flood risk.
7. To ensure a satisfactory form of development in the interests of the
character and amenity of the area.
8. To avoid harm to local amenity from waste nuisance.
Notes to the Applicant
1. Failure to comply with any condition imposed on this permission may result
in enforcement action without further warning.
2. Statement of positive engagement: In dealing with this application Hastings
Borough Council has actively sought to work with the applicant in a positive
and proactive manner, in accordance with paragraph 38 of the National
Planning Policy Framework.
3. There shall be no material external alterations made to the store without
further planning permission first being applied for and approved in writing by
the Local Planning Authority. You are strongly advised that any external
alterations are designed for appropriate flood protection to help protect the
store as it is at high risk of sea flood (Environment Agency zones 2 and 3).
4. The Crime & Disorder Act 1998 heightens the importance of taking crime
prevention into account when planning decisions are made. Section 17 of
the Act places a clear duty on both police and local authorities to exercise
their various functions with due regard to the likely effect on the prevention
of crime and disorder. If you are planning to replace or alter any of the
external openings within the store then appropriate security standards
should be adopted. For further information please see
www.securedbydesign.com or contact Sussex Police. Any material external
alterations to the openings of the store will require planning permission.
5. The Food Business Operator will be required to register the food
establishment with the Local Council 28 days prior to opening. The
registration form can be found online at
http://www.hastings.gov.uk/environmentalhealth/food_safety/businesses/food packs/caterers/
6. The applicant is strongly advised to contact the Environmental Health
Division before services, fixtures and fittings etc. are installed for advice on
satisfying the requirements of Health and Safety Law.
Supporting documents:
- MAP_HS_FA_20_00688 Store 4 Bottle Alley, item 251b PDF 275 KB
- HS-FA-20-00688 Store 4, Bottle Alley, St Leonards-on-sea, item 251b PDF 120 KB
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