Change of use from public house/bar (Sui Generis) to use class E (Commercial, Business and Service)

1. Time Limit The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. Approved Plans The development hereby approved shall be carried out in accordance with the following plans and specifications. (a) Location Plan (date: 01.11.2025) Reason: To ensure a satisfactory form of development and for the avoidance of doubt.
3. Restrictions on Permitted Changes of Use Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 Schedule 2 Part 3 (or any order revoking or re-enacting that order with or without modification), the development hereby approved shall be restricted to the following uses within the E use class: • E(a) – Retail Shop • E(c) – Financial and Professional Services • E(e) – Medical Services • E(g)(i) – Office The use of the premises for any other purpose not specified above is not permitted without planning permission first being obtained from the Local Planning Authority. Reason: To adequately control the use of the site having regard to the nature of the site and the particular circumstances of the application to protect the amenity of the area and in the interests of amenity having regard for Policies CS4, CS5, DC1 and section 12 of the NPPF.
4. Entertainment Premises Noise Assessment No live music or amplified sound shall be played at the premises hereby approved other than that which is in accordance with a noise assessment which shall first be submitted to and approved in writing by the Local Planning Authority. The assessment shall identify noise sensitive premises, determine the existing and expected noise levels, and detail a scheme of sound attenuation and mitigation as required. Such a scheme shall be capable of restricting noise breakout from the building at one metre from the façade of noise sensitive premises to ensure that: • The LAeq (5 mins) with entertainment noise on does not exceed the representative background noise level LA90 (5mins) (without entertainment noise). • An internal level of NR20 is achieved at the nearest residential premises when entertainment noise is played. Any attenuation and/or mitigation detailed within the approved scheme shall be implemented on site before any live music or amplified sound is played at the premises hereby approved and must be retained on site in an operational state for the lifetime of the development. Reason: To ensure a satisfactory form of development in the interests of the amenities of residents having regard for Policies DC1, CS5 of the Local Plan and section 12 of the NPPF.
5. Hours of Opening The hours of opening shall be restricted to be between the hours of 11:00am and midnight. Reason: In the interests of amenity of residents having regard for Policy DC1 of the Local Plan and section 12 of the NPPF.
6. Deliveries and Collections Deliveries and collections to the rear of the premises, including waste collection, must be restricted to between the hours of 08:00 and 19:00 Monday to Saturday and 09:30 and 18:30 Sunday and Bank Holidays. Reason: In the interests of amenity of residents having regard for Policy DC1 of the Local Plan and section 12 of the NPPF.
7. REASON FOR APPROVAL This application is satisfactory in that the change of use from drinking establishment to mixed E use class accords with the principles of the National Planning Policy Framework (NPPF) and the local policy requirements. In particular, the commercial, service or business use will not prejudice the character and function of the designated town centre but will complement its existing commercial and community uses and it will not be detrimental to any adjoining or surrounding properties. The traffic generated, car parking and noise associated with the use will not be of a level likely to result in an unacceptable impact on nearby premises. The application is therefore considered to be an acceptable form of development, fully in accordance with the relevant policy guidance and there are no material considerations, which would indicate that the development should be refused.
8. Odour and Particulate Impact Assessment Prior to the operation of any commercial kitchen as part of any use hereby permitted, an odour and particulate impact assessment shall be submitted to and approved in writing by the local planning authority. The assessment, which must be carried out by a competent and suitably experienced specialist air quality or odour consultant, shall identify the impact of cooking odours and grease released to the air from the premises and detail methods to control them to prevent harm to the amenity. The report shall be carried out in accordance with the Institute of Air Quality Management "Guidance on the assessment of odour for planning" 2014 or an alternative appropriate assessment tool agreed in advance with the Local planning Authority. The report shall include relevant details of the position of internal ventilation extraction canopies, the position and height of the flue outlet and the type of filtration and/or odour control units or other fume treatment to be installed. The systems and filtration and odour control units shall be installed before the first operation of the associated use, and they shall be maintained in accordance with the manufacturer's recommendations including the frequency of replacement filters and shall be retained in an operational state for the lifetime of the building. Reason: To ensure a satisfactory form of development in the interests of the amenities of the immediate area having regard for Policies DC1, CS5 of the Local Plan and section 12 of the NPPF.
9. INFORMATIVES Building Regulations Compliance with Building Regulations may be required. Before commencing works, it is recommended that discussions take place with the Building Control section of this Council. You can contact Building Control on 01642 729375 or by email at buildingcontrol@middlesbrough.gov.uk. Where a building regulations approval is obtained which differs from your planning permission, you should discuss this matter with the Local Planning Authority to determine if the changes require further consent under planning legislation. Commercial Premises Before any fixed plant and machinery, including refrigeration and air conditioning equipment, is used on the premises it shall be enclosed with sound insulating material and mounted in a way which will minimise transmission of airborne and structure-borne. Before any ventilation and fume extraction system is used on the premises it shall be enclosed with sound insulating material and mounted in a way which will minimise transmission of structure borne sound in accordance with a scheme to be approved in writing by the Local Planning Authority. Further advice is available from the Community Protection Service.

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