Site address:
Ground Floor, 18 Gloucester Road, Bishopston, Bristol BS7 8AE.
Description of development:
Change of use of ground floor from retail Class A1 to Cafe/Restaurant A3 use in conjunction with the adjacent premises, The Blue Lagoon, 20 Gloucester Road, Bishopston, BS7 8AE.

(Proposed opening hours Monday - Thursday 07.30 - 24.00, Friday - Saturday 07.30 - 01.30 and 07.30 - 24.00 Sunday).
Applicant:
Mr Aly Hussein
Agent:
Eco2 Energy Saving Ltd
Committee/delegation date:
18.07.13
Important: Compliance with conditions
• Please read the conditions and understand their requirements and restrictions
• Some conditions may relate to a specific element of work, and require details to be submitted and approved before any work on that element commences.
• Some conditions will require action before you start the development and it is imperative that you seek to have these discharged before any work commences.
• If you fail to comply with the conditions this may result in a breach of planning control and this may lead to enforcement action.
• Failure to comply with conditions may also result in the development not being lawful.
• The council monitors compliance with planning conditions.
Application No: 13/02339/F
Page 2 of 5
DECISION: GRANTED subject to condition(s)
Condition(s)
Time limit for commencement of development
1. Full Planning Permission
The development hereby permitted shall begin before the expiration of three years from the date of this permission.
Reason: As required by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Act 2004.
Pre occupation condition(s)
2. Implementation/installation of extract/ventilation system - shown on approved plans
No building or use hereby permitted shall be occupied or the use commenced until the extract/ventilation systems shown on the approved plans have been installed in accordance with the approved plans, and thereafter shall be permanently retained.
Reason: To safeguard the amenity of nearby premises and the area generally.
3. Odour Management Plan
No development shall take place until there has been submitted to and approved in writing, by the Local Planning Authority, an Odour Management Plan, setting out cleaning, maintenance and filter replacement policies. The plan should include a written recording system to record and demonstrate when all such work is carried out. The approved odour management plan shall be complied with throughout the duration of the use.
Reason: To safeguard the amenity of nearby premises and the area generally.
Post occupation management
4. The hours of operation of the premises are as follows:
- 0730 to 2400 Sunday to Thursday (plus 30 minutes for staff to vacate the premises);
- 0730 to 0130 Friday and Saturday (plus 30 minutes for staff to vacate the premises).
Reason: To safeguard the residential amenity of nearby occupiers.
5. Except for access and egress, all windows and doors in the premises shall remain closed whenever amplified music is played and all doors and windows shall be kept closed between the hours of 23.00 -0800, except in emergencies and/or unless otherwise agreed in writing by the Local Planning Authority.
Reason: To safeguard the residential amenity of nearby occupiers.
6. No consumption of food or drinks shall take place in outdoor areas between the hours of 2300 to 0730.
Application No: 13/02339/F
Page 3 of 5
Reason: To safeguard the residential amenity of nearby occupiers.
7. Activities relating to the collection of refuse and recycling (including disposal and collection of bottles/glass) shall only take place between 08.00 and 18.00 Monday to Saturday and not at all on Sundays or Bank Holidays.
Reason: To safeguard the residential amenity of nearby occupiers.
8. Activities relating to deliveries shall only take place between 08.00 and 18.00 Monday to Saturday and not at all on Sundays or Bank Holidays.
Reason: To safeguard the residential amenity of nearby occupiers.
9. Refuse storage and recycling facilities
All refuse and recyclable materials associated with the development shall be stored within the identified bin storage area in the approved plans except for a period two hours prior to collection when refuse may be placed within the frontage of the application site for the purposes of collection only, unless otherwise agreed in writing with the Local Planning Authority. No refuse or recycling material shall be stored or placed for collection on the public highway or pavement.
Reason: To safeguard the amenity of the occupiers of adjoining premises, protect the general environment, and prevent obstruction to pedestrian movement, and to ensure that there are adequate facilities for the storage and recycling of recoverable materials.
10. Restriction of noise from plant and equipment
The rating level of any noise generated by plant & equipment as part of the development shall be at least 5 dB below the background level as determined by BS4142: 1997- "Method of rating industrial noise affecting mixed residential and industrial areas".
Reason: To safeguard the amenity of nearby premises and the area generally.
List of approved plans
11. List of approved plans and drawings
The development shall conform in all aspects with the plans and details shown in the application as listed below, unless variations are agreed by the Local Planning Authority in order to discharge other conditions attached to this decision.
Site location plan, received 23 May 2013
B121319-02 B Proposed ground floor plan, received 23 May 2013
B121319-01 Existing ground floor plan, received 23 May 2013
Existing and proposed elevations, received 23 May 2013
12966 Canopy and ductwork details, received 23 May 2013
Electrostatic precipitation report, received 23 May 2013
Noise and acoustic report, received 23 May 2013
Quote for ventilation canopy, received 23 May 2013
Plant details, received 5 July 2013
Further plant details, received 11 July 2013
Application No: 13/02339/F
Page 4 of 5
Reason: For the avoidance of doubt.
Reasons for granting approval
Taking account of Section 38(6) of the Planning and Compulsory Purchase Act 2004, it has been concluded that the development accords with the policies of the Development Plan comprising the Joint Replacement Structure Plan adopted September 2002, The Bristol Core Strategy 2011 and the saved Adopted Bristol Local Plan, December 1997, so far as material to the application and the National Planning Policy Framework – March 2012 and all other material planning considerations listed below including emerging Development Plan policies:
BCS7 Centres and Retailing
BCS10 Transport and Access Improvements
BCS23 Pollution
ME2 Location and Design of Developments
ME4 Controlling the Impact of Noise
M1 Transport Development Control Criteria
S5 Frontages: Primary
S8 Control of Food and Drink Uses
PAN 17 Diversity in Shopping Centres (early 1999)
Supplementary Planning Guidance : Assessment of Food and Drink Uses (September 2001) - Gloucester Road
DM1 Presumption in favour of sustainable development
DM7 Town centre uses
DM8 Shopping areas and frontages
DM10 Food and drink uses and the evening economy
DM23 Transport development management
DM32 Recycling and refuse provision in new development
DM33 Pollution control, air quality and water quality
In dealing with the application we have worked with the applicant in a positive and pro-active manner and have implemented the requirement in the National Planning Policy Framework paragraph 187.
Development Management
Brunel House, St. George’s Road, Bristol BS1 5UY
Date of Notice: 18.07.13
It is important that you read the following “Additional information”
Page 5 of 5
Additional information for application no 13/02339/F
Planning permission – important provisos
1. If planning permission has been granted, please note that your Notice of Decision refers only to consideration of your proposal under the Town and Country Planning Acts. It is not a building regulations approval and does not mean that you can disregard other Acts or Regulations, or avoid any other legal obligations. Some of these obligations, of particular relevance to your proposal are referred to elsewhere in this note.
2. It must be stressed that the information included on this Notice of Decision may not include all your legal obligations, and it does not grant you rights to carry out works on or over land, or to access land that is not within your control or ownership.
Compliance with the approved plans and conditions
3. The development hereby approved must be implemented in accordance with the approved plans and any conditions set out in the Notice. Some of the conditions may specify that works are to be carried out, and/or details submitted and approved before all or a part of the development is started. These will appear in the ‘Pre Commencement Conditions’ section of the Notice.
4. If work on implementing this permission is started without these requirements being fully met, the development may be unauthorised and the permission invalidated, and could lead to enforcement proceedings or in some cases to prosecution

 

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