Inspectors Report Recommendation

peak period, simply because of the weight of traffic in the vicinity of a controlled junction.

1. I conclude that the proposed use is suitable for the locality, and that, subject to the imposition of suitable conditions, it is unlikely to be harmful to the residential amenities of immediate residential neighbours, and is unlikely to lead to illegal parking such that there would be impairment to the free flow of traffic and highway safety. The conditions required to control the appeal proposal are those set out in paragraph 39 above, together with the notes, subject to a change to the days and hours of operation in condition 3, as I set out in my recommendation below, and a change to condition 4 to make reference to the application plan. In relation to the hours of opening, I consider that 0800-2200 should not be antisocial, and that Sunday and bank holiday opening should be allowed within the hours 12 noon to 1900. In a locality such as this, the business activity of the appeal proposal should not materially affect the overall level of activity and noise.

Recommendation

I recommend that the appeal be allowed with the effect that the decision of the Planning Committee is reversed and planning approval granted. This approval should be subject to the following conditions and notes:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the change of us of existing retail use to a fish and chip takeaway (use class Sui Generis), restaurant and coffee house (Use Class 3) as shown on drawing number 0610/PLO1 date stamped 12 July 2006.
3. The use hereby permitted shall not be open to customers outside 0900-2200 hours on Mondays to Saturdays. The use hereby permitted shall not be open on Sundays and Bank Holidays outside 1200-1900 hours.
4. No development shall take place until a scheme for the extraction of cooking fumes, vapours and odours, generally in accordance with that illustrated on drawing number 0610/PLO1, has been submitted to and approved in writing by the planning authority and thereafter it shall be installed prior to the first use of the units as a takeaway, restaurant and coffee house.
5. Any scheme submitted in accordance with condition 4 shall include provision for the colour coating of any external ducting installed as part of that scheme.
6. Any scheme submitted in accordance with condition no's 4 and 5 shall be retained for so long as the permitted uses subsists and maintained at all times in accordance with the manufacturer's instructions.

Notes. Note 1: The applicant is advised to consult the Fire Safety Department as this type of property may fall within the scope of the Fire Precautions Act 1975 or the Fire Precautions