Town and Country Planning Act 1990 Town and Country Planning (General Development Procedure) Order 1995

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Dec 8, 2013 (3 years and 4 months ago)

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Pegasus Planning Group (Clifton)
2-10 Kings Parade Mews
Clifton
Bristol
BS8 2RE


Dear Sir/Madam

Town and Country Planning Act 1990
Town and Country Planning (General Development Procedure) Order 1995

Address to which the proposal relates: Application No: 09/03095/FUL
Loch Fyne Fish Restaurant 24 Milsom Street City Centre Bath BA1 1DG

Description of proposal: Date registered: 11th September 2009
Change the use of rear courtyard from garden to alfresco dining area (Use Class A3),
demolition of existing garden shed, installation of doorway to the alfresco area and modify an
existing staircase to allow access.

Name of Applicant:


With reference to the above application for planning permission, please find enclosed a copy of the
Local Planning Authority's notification of decision. Your attention is drawn to the notes that
accompany the decision notice which give guidance on matters such as making appeals, serving
purchase notices and compensation issues. However, if you require further assistance on any of the
above areas, please contact Planning Services.

Yours faithfully


Planning Services

Minicom:

(01225) 477535
Trimbridge House, Trim Street, Bath, BA1 2DP Fax: (01225) 394199
Telephone: (01225) 394100 DX: 8047 (Bath)
Development_control@bathnes.gov.uk Date: 6th November 2009
www.bathnes.gov.uk Our Ref:

09/03095/FUL


Bath & North East Somerset Council
(PEFULZ)
Please read the notes that accompany this decision notice.
Town and Country Planning Act 1990
Town and Country Planning (General Development Procedure) Order 1995

NOTIFICATION OF DECISION

Application Type: Full Application Application No: 09/03095/FUL

Address to which the proposal relates: Loch Fyne Fish Restaurant 24 Milsom Street City Centre
Bath BA1 1DG

Description of Proposal: Change the use of rear courtyard from garden to alfresco dining area
(Use Class A3), demolition of existing garden shed, installation of doorway to the alfresco
area and modify an existing staircase to allow access.

Application submitted by:


The above development is PERMITTED in accordance with the application, plans and drawings
submitted by you subject to the condition(s) set out below:

1 The development hereby permitted shall be begun 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) and to
avoid the accumulation of unimplemented planning permissions.

2 There shall be no more than 50 customers in the courtyard at any time.

Reason: To safeguard the amenities of nearby occupiers.

3 The use hereby approved for the outdoor seating area shall not be carried on and no customer
shall be served or remain within the courtyard outside the hours of 1100 to 2100 Monday to Sunday
including bank holidays.

Reason: To safeguard the amenities of nearby occupiers.

4 No food shall be prepared or cooked in any part of the courtyard at any time without the prior
written agreement of the Local Planning Authority.

Reason: In the interests of neighbouring amenity.

5 No amplified sound shall be generated at any time within the site.

Reason: To safeguard the residential amenities of occupiers of nearby properties.

6 No development shall commence until a schedule of materials and finishes of the courtyard
paving, and samples of the materials to be used in the construction of the outdoor seating area, have
been submitted to and approved in writing by the Local Planning Authority. The development shall
thereafter be carried out only in accordance with the details so approved.

Reason: To safeguard the character and appearance of the Listed Building and the Bath
Conservation Area

7 The development hereby permitted shall only be implemented in accordance with the plans as set
out in the plans list below.

Bath & North East Somerset Council
(PEFULZ)
Please read the notes that accompany this decision notice.

Reason: To define the terms and extent of the permission.

PLANS LIST:

Site Location Plan, Block Plan, 1336/A1/05, /06/12, Design and Access Statement date stamped
26/8/09, Heritage Statement date stamped 25/8/09, 8337/2, /3 date stamped 11/9/09, 1336/A1/13
and /10A date stamped 02/11/09 (on uniform).

REASONS FOR GRANTING APPROVAL:

1. The decision to grant approval has taken account of the Development Plan, relevant emerging
Local Plans and approved Supplementary Planning Guidance. This is in accordance with the
Policies set out below at A.

A. Bath and North East Somerset Local Plan (including waste and minerals policies) 2007 Policies
BH1, BH.2, BH.6, D.2 and D.4

2. The proposed development would not materially affect the amenities of the neighbours or result in
any detrimental impact on the historic character of the listed building, the character and appearance
of the Conservation Area or on the setting of the Bath World Heritage Site.

ADVICE NOTE:
Where a request is made to a Local Planning Authority for written confirmation of compliance with a
condition or conditions attached to a planning permission or where a request to discharge conditions
is submitted a fee shall be paid to that authority. Details of the fee can be found on the "what
happens after permission" pages of the Council's Website. Please send your requests to the
Registration Team, Trimbridge House, Trim Street, Bath, BA1 2DP. Requests can be made using
the 1APP standard form which is available from the Planning Portal at www.planningportal.gov.uk.


Date of Decision: 6th November 2009



IMPORTANT NOTE - The above decision refers to Planning Permission only and does not grant or
imply Listed Building Consent, Advertisement Consent, Building Regulation or other consents under
any other legislation.
APPEALS TO THE FIRST SECRETARY OF STATE
• If you are aggrieved by the decision of your local planning authority to refuse permission for the
purposed development or to grant it subject to conditions, then you can appeal to the Secretary
of State under section 78 of the Town and Country Planning Act 1990.
• If you want to appeal against your local planning authority’s decision then you must do so within
6 months of the date of this notice (8 weeks for Advertisement appeals).
• Appeals must be made using a form which you can get from the Planning Inspectorate at
Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN or online at
www.planningportal.gov.uk/pcs
.
• The Secretary of State can allow a longer period for giving notice of an appeal, but he will not
normally be prepared to use this power unless there are special circumstances which excuse
the delay in giving notice of appeal.
• The Secretary of State need not consider an appeal if it seems to him that the local planning
authority 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.
• In practice the Secretary of State does not refuse to consider appeals solely because the local
planning authority based their decision on a direction given by him.

PURCHASE NOTICES
• If either the local planning authority or the Secretary of Sate refuses permission to develop land
or grants it subject to conditions, the owner may claim that he can neither put the land to a
reasonably beneficial use in its existing state nor render the land capable of a reasonably
beneficial use by the carrying out of any development which has been or would be permitted.
• In these circumstances, the owner may serve a purchase notice on the Council (District
Council, London Borough Council or Common Council of the City of London) in whose are the
land is situated. This notice will require the Council to purchase his interest in the land in
accordance with the provisions of Part V1 of the Town and Country Planning Act 1990.

COMPENSATION
• In certain circumstances compensation may be claimed from the local planning authority if
permission or consent is refused or granted subject to conditions by the First Secretary of State
on appeal or on reference of the application to him.
• These circumstances are set out in Section 114 and related provisions of the Town and Country
Planning Act 1990 and Section 27 of the Planning (Listed Buildings and Conservation Areas)
Act 1990.