Mr A Ali C/O Graham Simpkin Planning Ltd F.A.O Susan Simpkin 2 The Parade Ash Road Hartley Longfield DA3 8BG

25 August 2020 PLANNING DECISION NOTICE

APPLICANT: Mr A Ali

DEVELOPMENT TYPE: All other minor development

APPLICATION 20/502819/FULL REFERENCE:

PROPOSAL: Change of use of existing restaurant to mixed use as A1 retail convenience shop and A3 restaurant, together with single storey extension, internal and external alterations, associated parking and turning, ancillary plant and ATM machine and retention of first floor staff accommodation.

ADDRESS: Spice Lounge, 118 Heath Road, Coxheath, , , ME17 4PN

The Council hereby GRANTS permission/consent for the proposal referred to above subject to the following Condition(s):

MKPS – Working in Partnership with: Maidstone Borough Council Please Note: All planning related correspondence for MBC should be sent to: Mid Kent Planning Support, Maidstone House, King Street, Maidstone ME15 6JQ Email: [email protected] Access planning services online at: www.maidstone.gov.uk; or submit an application via www.planningportal.co.uk (1) The retail unit hereby approved shall be begun before the expiration of three years from the date of this permission;

Reason: In accordance with the provisions of 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 materials to be used in the construction of the external walls of the extension hereby approved shall match that of the existing building and shall be maintained as such thereafter;

Reason: To ensure a satisfactory appearance to the development.

(3) Prior to the commencement of development above damp-proof course level, details of all fencing, walling and other boundary treatments (including what will enclose the plant and bin store), shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details before the first occupation of the buildings and maintained as such thereafter;

Reason: To ensure a satisfactory appearance to the development; and in the interests of residential amenity.

(4) Prior to the first use of any plant (including ventilation, extraction, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission, details of it shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details thereafter. The scheme shall ensure that the noise generated at the boundary of any noise sensitive property shall not exceed Noise Rating Curve NR35 (in areas of low background sound levels a target of NR30 shall be achieved) as defined by BS8233: 2014 Guidance on sound insulation and noise reduction for buildings and the Chartered Institute of Building Engineers (CIBSE) Environmental Design Guide 2006. The equipment shall be maintained in a condition so that it does not exceed NR35 as described above, whenever it's operating. After installation of the approved plant, no new plant or ducting system shall be used.

Reason: In the interests of residential amenity.

(5) Prior to the first use of any plant (including ventilation, extraction, refrigeration and air conditioning) or ducting system to be used in pursuance of this permission, a scheme and maintenance schedule for the extraction and treatment of fumes and odours generated from cooking or any other activity undertaken on the whole site, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be designed in accordance with the DEFRA publication Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems January 2005, and the development shall be carried out in accordance with the approved details thereafter.

Reason: In the interests of residential amenity. (6) The retail unit hereby approved shall only be open to customers between the hours of 07:00 to 23:00 hours Mondays to Saturdays and 08:00 to 22:00 hours on Sundays and Bank Holidays.

Reason: In the interest residential amenity.

(7) No deliveries associated with the retail unit hereby approved shall be taken at, or despatched from, the application site outside of the hours of 07:00 to 21:00 hours Mondays to Sundays and Bank Holidays.

Reason: In the interest residential amenity.

(8) Prior to the first use of the retail unit hereby approved, a minimum of one operational electric vehicle charging point for low-emission plug-in vehicles shall be installed onsite, and shall thereafter be retained and maintained as such for that purpose;

Reason: To promote reduction of CO2 emissions through use of low emissions vehicles.

(9) The vehicle parking spaces, as shown on the submitted plans, shall be permanently retained for parking and shall not be used for any other purpose;

Reason: In the interest of parking provision.

(10) The retail unit hereby approved shall only be used for purposes within Use Class A1 (retail) of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or permitted under the provisions of the Town and Country Planning (General Permitted Development) () Order 2015 or any statutory instrument revoking and re- enacting those Orders with or without modification;

Reason: In order to properly assess the impact of any future potential change of use and to protect neighbouring amenity by ensuring that specific consideration is given to these uses which could result in a loss of amenity.

(11) The development hereby permitted shall be carried out in accordance with the following approved plans: P-03 R1; P-04 R1; P-05 R1; P-06 R1; P-07 R1; P-08 R1; P-09; and site location plan (1:1250).

Reason: For avoidance of doubt.

Informative(s):

(1) The proposed development is CIL liable. The Council adopted a Community Infrastructure Levy on 25th October 2017 and began charging on all CIL liable applications approved on and from 1st October 2018. The actual amount of CIL can only be confirmed once all the relevant forms have been submitted and relevant details have been assessed and approved. Any relief claimed will be assessed at the time planning permission is granted or shortly after. (2) The applicant is strongly advised to consult with 's Designing out Crime Officers to discuss site specific security measures and the Police's Secured by Design initiative www.securedbydesign.com.

(3) It is the responsibility of the applicant to ensure, before the development hereby approved is commenced, that all necessary highway approvals and consents where required are obtained and that the limits of highway boundary are clearly established in order to avoid any enforcement action being taken by the Highway Authority. Across the county there are pieces of land next to private homes and gardens that do not look like roads or pavements but are actually part of the road. This is called 'highway land'. Some of this land is owned by The Kent County Council (KCC) whilst some are owned by third party owners. Irrespective of the ownership, this land may have 'highway rights' over the topsoil. Information about how to clarify the highway boundary can be found at: https://www.kent.gov.uk/roads-and-travel/what-we-look-after/highway-land/highway- boundary-enquiries The Council’s approach to this application:

In accordance with paragraph 38 of the National Planning Policy Framework (NPPF), February 2019 the Council takes a positive and proactive approach to development proposals focused on solutions. We work with applicants/agents in a positive and creative way by offering a pre- application advice service, where possible, suggesting solutions to secure a successful outcome and as appropriate, updating applicants / agents of any issues that may arise in the processing of their application.

In this instance: The application was approved without delay. The applicant/agent was advised of minor changes required to the application and these were agreed.

If your decision includes conditions, there is a separate application process to discharge them. You can apply online at, or download forms from, www.planningportal.co.uk (search for 'discharge of conditions').

If your decision includes conditions that need to be discharged, please be advised that there is a separate application process to discharge them which includes a fee. For more information on this please visit https://www.planningportal.co.uk/info/200126/applications/60/consent_types/12 and to submit an application for approval of details (discharge conditions) please use this link https://www.planningportal.co.uk/applications

Please be advised that irrespective of whether your proposal requires planning permission or not, it may still require Building Regulation Approval. For more information on this please visit our website https://www.maidstone.gov.uk/home/primary- services/planning-and-building/primary-areas/building-control

IMPORTANT - YOUR ATTENTION IS DRAWN TO THE ATTACHED NOTES NOTIFICATION TO APPLICANT FOLLOWING REFUSAL OF PERMISSION OR GRANT OF PERMISSION SUBJECT TO CONDITIONS

This decision does not give approval or consent that may be required under any act, bylaw, order or regulation other than Section 57 of the Town and Country Planning Act 1990.

Appeals to the Secretary of State

If you are aggrieved by the decision of your local planning authority (LPA) to refuse permission for the proposed development, or to grant it subject to Conditions, then you can appeal to the Secretary of State (SoS) under Section 78 of the Town and Country Planning Act 1990. Please see “Development Type” on page 1 of the decision notice to identify which type of appeal is relevant.

 If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice and if you want to appeal against the LPAs decision on your application, then you must do so within 28 days of the date of this notice.

 If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal against the LPA’s decision on your application, then you must do so within 28 days of the date of service of the enforcement notice, or within 6 months [12 weeks in the case of a householder or minor commercial application decision] of the date of this notice, whichever period expires earlier.

 If this is a decision to refuse planning permission for a Householder application or a Minor Commercial application and you want to appeal the LPA’s decision, or any of the conditions imposed, then you must do so within 12 weeks of the date of this notice.

 In all other cases, you will need to submit your appeal against the LPA’s decision, or any of the conditions imposed, within 6 months of the date of this notice.

Appeals can be made online at: https://www.gov.uk/planning-inspectorate. If you are unable to access the online appeal form, please contact the Planning Inspectorate to obtain a paper copy of the appeal form on tel: 0303 444 5000.

If you intend to submit an appeal that you would like examined by inquiry then you must notify the Local Planning Authority ( [email protected] ) and Planning Inspectorate ([email protected]) at least 10 days before submitting the appeal. Further details are on GOV.UK.

The SoS can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal.

The SoS need not consider an appeal if it seems to the SoS that the LPA could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order.