By reason of the proposal's close proximity to residential properties directly to the front and rear of the application site and the nature of Class A5 uses and the proposed long hours of operation, especially during the evening and at weekends, it is considered by the local planning authority that the proposal would result in an unacceptable level of disturbance to nearby residents by reason of the level of activity and its associated noise from visitors and car movements. Visitor numbers would be substantially increased over that expected with the permitted use. In addition the impact on neighbouring occupiers will be exacerbated by the lack of parking within the locality which is likely to result to indiscriminate parking on the roadside nearby residential dwellings leading to further disturbance especially during the evening. For these reasons it is considered the proposal would have an unacceptable impact on the residential amenity of neighbouring properties by reason of noise and disturbance and as such would be contrary to the intentions of saved policy EV/1 of the Borough of Charnwood Local Plan.

It is considered by the local planning authority, that the application fails to demonstrate that cooking odour and noise associated with the proposal could be satisfactorily mitigated. In addition, due to the lack of information regarding the location and appearance of the the necessary ventilation, filtration and sound proofing equipment, the local planning authority is unable to be satisfied that the proposal would not appear as a detrimental and incongruent feature within the street scene to the detriment of the visual amenity of the area. For this reason it is considered the proposal does not satisfactorily demonstrate that the development would not have a detrimental impact on the amenity of neighbouring occupiers, nor be suitably designed and in keeping with the existing building. Accordingly the proposal would be contrary to the intentions of saved policies EV/1 and EV/39 of the Borough of Charnwood Local Plan.

By reason of the proposed Class A5 use, other uses within the locality and important its important corner location within the District Centre, the proposal would have a detrimental impact on the vitality and vibrancy of the designated District Centre. It is considered for these reasons the proposal is contrary to the intentions of saved policies ST/1 and CA/8 of the Borough of Charnwood Local Plan, as the proposal fails to protect or enhance the vitality and viability of the District Centre and could contribute to the marginalisation and/or fragmentation of the retail function of this centre.