Agenda item

Change of use from Takeaway (Sui Generis) to Restaurant (Class E) and erection of shed in rear yard.

It was RESOLVED: That the application 23/00337/FP be GRANTED planning permission subject to the conditions and reasons set out in the report with authority given to the Assistant Director of Planning and Regulation in consultation with the Chair of Planning Committee, to amend or add to the suggested draft conditions set out in this report, prior to the decision notice being issued, where such amendments or additions would be legally sound and most effectively deliver the development that the Planning Committee has resolved to approve.

The Committee considered a report in respect of application 23/00337/FP seeking the change of use from Takeaway (Sui Generis) to Restaurant (Class E) and the erection of a shed in the rear yard.

The Senior Planning Officer informed Members the site was a vacant takeaway unit with a rear yard. There was a residential care home to the rear, pedestrian access to the side and stairs leading up to the flats above. There would only be a small amount of the proposed shed visible above the fence.

The Chair invited Ozan Tek, an objector, to address the Committee.

Mr Tek raised concerns with the early morning shutters and the tables and chairs proposed outside the front of the shop, mainly due to noise issues due to their bedroom being above. He also had concerns with the smell adding to the other smells in the area from other takeaways such as the pizza and kebab takeaway shops and litter from customers. He expressed concerns over parking issues as it was already busy and would increase the footfall and urged the Committee to consider parking permits for residents or visitor parking in place.

The Chair thanked Mr Tek for his contribution to the meeting.

The Senior Planning Officer advised that the café was acceptable under the new use class E which covered commercial business and service. It would also bring a vacant unit back into use and in the long term would improve the viability of neighbourhood centres. She reminded Members that competition of trade is not a planning consideration.

The Senior planning Officer informed the Committee that there were no alterations to the existing property other than the erection of a shed which would be screened by the existing fence. The outside tables and chairs would be controlled by environmental health who had imposed some conditions, which were to prevent tables and chairs being out before 8am Monday-Friday and before 9am on the weekend and bank holidays. Operating hours would be 6am-6pm and there were no concerns raised on this matter. She noted that these times were early, but this was not unusual for neighbourhood centres. She added that the closing time was similar to the opening time of other shops in the area and the overlap isn’t significant. There was enough parking to accommodate customers and no issues for parking or highway safety were raised.

A Member asked how many seats would be outside. It was advised that the number of outside seating had not been provided but this was a licensing matter, not a planning matter.

A few Members raised concerns with the opening times. The Senior Planning Officer advised that the newsagents in the area operate similar times and also had flats above and haven’t received any complaints. She reminded Members that opening times were controlled through the Licensing Committee and were not a planning consideration.

A Member asked what the outside shed was used for and was advised that it was for storage.

Some Members expressed concerns with the shutters. It was advised that a condition on the shutters wasn’t something they could impose. Environmental health had not received any complaints and deemed it acceptable. It was also advised that the two shutters were both for the same unit, a large shutter for the window and a small shutter for the door.

Another Member asked whether the change of use restricted it from being used as a takeaway as well. The Senior Planning Officer advised that class E covers what used to be use class A1. Takeaways were sui generis which was another category. If the owners wanted to offer home delivery, this could not be controlled. The Development Manager added that small restaurant and café businesses could do a small amount of takeaway as long as their operation was mostly dine-in.

It was RESOLVED: That the application 23/00337/FP be GRANTED planning permission subject to the conditions and reasons set out in the report with authority given to the Assistant Director of Planning and Regulation in consultation with the Chair of Planning Committee, to amend or add to the suggested draft conditions set out in this report, prior to the decision notice being issued, where such amendments or additions would be legally sound and most effectively deliver the development that the Planning Committee has resolved to approve.

Conditions:

1.    The development hereby permitted shall be carried out in accordance with the following approved plans: 3817 01; 3817 02; 3817 03;

2.    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

3.    Prior to the use hereby permitted being implemented, a scheme for the installation of equipment to control the emission of fumes and odour from the premises shall be submitted to and approved in writing by the Local Planning Authority. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer’s instructions. As a minimum to control the cooking fumes/odour from the lowlevel extract system the following filtration shall be installed in the system: grease filters, prefilters and carbon filters.

4.    The rating noise level (specific sound corrected for any acoustic features) of the plant should be 10dB below the representative background noise level (L90) at 1 meter from the nearest noise sensitive receptor. The method of assessment shall be carried out in accordance with BS4142:2014 +A1(2019) (Methods for rating and assessing industrial and commercial sound). A test shall be carried out after all the mechanical plants and associated equipment have been fully installed and before the use commences. The result of the test is to be submitted to the Local Planning Authority for approval.

5.    Prior to the use hereby permitted being implemented, an Odour Management Plan, setting out cleaning, maintenance, and filter replacement policies according to the proposed or existing system shall be submitted to and approved in writing, by the Local Planning Authority. The plan should include a written recording system to record and demonstrate when all such work is carried out. The approved odour management plan shall be complied with throughout the duration of the use.

6.    There shall be no use of any external tables or seating areas before 8am on Monday to Friday or prior to 9am on any Saturday, Sunday or Bank Holiday.