Variation of conditions

[BakersDozen]

Licensing have approved extended opening hours on a fast food outlet beyond 23:30pm to 1am but planning have declined it.

The hot food business is using the approval from licensing to remain open until 1am but obviously this still applies from planning:-

1 The proposed variation would be likely to result in an increase in the number of vehicles being parked on the public highway with a consequent increase in the likelihood of highway danger to road users. The application is therefore considered to be contrary to the provisions of policies H19 and T14 of the ** Local Plan.

I have spoken to planning and they stated, the owner must have seeked legal advice and is confident he can remain open until 1am.

So what is right and what is wrong here?

[atticus]

The word "seeked" is incorrect.

[BakersDozen]

it was not my choice of word or words,

I'm trying not to spam the thread

[tph]

The planning argument is a weak one. It would imply that it will be busier after 23:30 than it was before. I would have thought that noise would be more of an issue.

[theycantdothat]

If any planning permission which granted a change of use to a takeaway restricted the opening hours, then any extension of the hours is only permissible if the condition is varied or cancelled under planning rules, whatever other necessary permissions have been obtained.

[BakersDozen]

If any planning permission which granted a change of use to a takeaway restricted the opening hours, then any extension of the hours is only permissible if the condition is varied or cancelled under planning rules, whatever other necessary permissions have been obtained.

and they say


It is important to note that just because there may be a breach of planning control this in itself, is not sufficient reason to take enforcement action. The Council must firstly decide, having given regard to the policies contained within the Development Plan, guidance contained within the National planning Policy Framework (NPPF) and all other material planning considerations whether or not it is expedient to take formal action. Expediency is a test of whether the unauthorised activities are causing harm to the environment or amenity of the area. Therefore enforcement is discretionary and each case must be assessed on its own merits. Guidance from Central Government is that enforcement action should be a last resort and Councils are expected to give those responsible for a breach of planning control the opportunity to put matters right or seek to regularise the breach before resorting to formal action. If formal action is pursued it must be proportionate and fair. In light of this, and as set out above the Council has requested the submission of a planning application or compliance with the open times planning condition. In the event that no planning application is received, and it has been established that there is a breach of the relevant planning condition the Council will then decide, what action, if any, will be taken.

[theycantdothat]

and they say

It is important to note etc

All that is fair enough. I think planning departments have always proceeded along those lines. In these days of cutbacks they are more or less forced to. At least they have written to the occupier.