|Conditions / Reason for Refusal:
||Condition (1) The development hereby permitted shall begin not later than three years from the date of this decision.
Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
Condition (2) Before the premises are first used as a Hot Food Takeaway a Filtration and Extraction System shall be installed in accordance with plan numbers 12.0308.02 and 03, the JM Aerofoil Fan Sound Performance data and the Short Cased Axial Fans Airflow data together with details of the fresh air inlet fans the latter having being earlier submitted to and agreed in writing by the Local Planning Authority. Once fitted in accordance with these details the Filtration and Extraction System shall thereafter be retained and maintained in accordance with the manufacturers advice.
Reason: To avoid detriment to public and residential amenity by reason of cooking smells and fumes.
REASON FOR GRANTING PLANNING PERMISSION
The development assists in retaining the vitality and viability of Kendal Town Centre in accordance with Policy CS7.5 of the adopted South Lakeland Core Strategy and would not be detrimental to the retail vitality of the Primary Shopping Area which saved Policy R10 seeks to protect. Subject to the attached conditions the development would not give rise to unneighbourly smells and would fit with existing hours and patterns of activity in the locality. The special architectural and historic character of this part of the Kendal Conservation Area would be preserved thereby according with saved Policy C16 of the South Lakeland Local Plan and Policy CS8.6 of the adopted South Lakeland Core Strategy. There are no other material planning considerations that indicate that planning permission should not be granted.