Agenda item

Change of use from Use Class A1 (Shops) to Use Class A5 (Hot Food Takeaway) to include installation of extractor outlet to rear.

Recommendation :

Change of use from Use Class A1 (Shops) to Use Class A5 (Hot Food

Takeaway) to include installation of extractor outlet to rear

The application was for planning permission for the change of use of ground floor retail unit from a Butchers (A1) to a Hot Food Takeaway (A5). The proposed business would operate with an internal ventilation system, so no external flue would be required for the extraction of odours from the cooking areas of the building. No external alterations were proposed as part of this application for the change of use.

There was no evidence base upon which to suggest the change of use to a hot food takeaway would cause an increase in anti-social behaviour. Therefore, the proposed change of use, with suitable conditions relating to CCTV and opening hours, was considered to have an acceptable impact on adjoining occupiers in the surrounding area.

The change of use to an A5 unit would retain a sufficient proportion of A1 units within the designated retail parade, so was not to undermine its functionality. The proposed extraction system was considered to have an acceptable impact on the residential amenity of the neighbouring occupiers in terms of odour and noise disturbance and the change of use to a hot food takeaway would have an acceptable impact on the character of the area. Therefore, the application was recommended for approval.

The lead petitioner did not speak on behalf of the petition submitted to the Council and had asked a Ward Councillor to speak on the petitions behalf.

The applicant spoke on behalf of the application:

-          With regard to anti-social behaviour the applicant had taken expert advice and installed CCTV to prevent any potential anti-social behaviour.

-          The CCTV coverage would be 24/7, include inside and outside the premises.

-          The recording would be available for the police if required.

-          Notices would be put up requesting customers to leave quietly, dispose of litter and to be courteous to residents.

-          Training records of staff would be available to police. All staff would be trained.

-          The applicant would join the Neighbourhood Watch Team. He would be willing to work together with local residents and the police.

-          The applicant would take on any advice from the Police/SNT and Council.

-          The applicant stated that another off-licence close by closed at 10pm because of anti-social behaviour. That there was not any anti-social behaviour anymore.

-          The applicant was confident that with trained staff and CCTV this would act as a deterrent to any possible anti-social behaviour.

-          He would be happy to accept any conditions on the application and suggestions/advice. 

Members clarified that the nearby off-licence had not been instructed to close early and that the owner made a choice to close the store at 10pm. The licence was until 11pm and if the owner wished to stay open until 11pm then he had the option to do so.

The Ward Councillor spoke on behalf of the petition:

-          The Ward Councillor spoke in support of the residents who signed the petition.

-          It was stated that a lot of elderly people lived in the area.

-          There was a lot of anti-social behaviour in the area.

-          It was noted that a lot of the issues with regard to anti-social behaviour had diminished.

-          The Ward Councillor asked the Committee to note the very strong comments from the SNT, and that it was unusual for the Police to make such comments on a planning application.

-          The Ward Councillor also asked the Committee to note the waste area listed in the reports/plans was a right of way.

Members noted that in the last 10 years on Committee that such a strong statement from the Police had never been received. Members noted the comments from the Police and also noted that the applicant was willing to install CCTV inside and outside the premises.

Members asked for legal opinion on whether this needed Home Office agreement to be used. The Council’s legal officer stated that overt CCTV cameras used by the local authority, not for the purposes of specific covert targeting would not require RIPA authorisation. Reference in conditions to be re-worded to include appropriate public signage. The following informative could be included, the CCTV cameras mentioned in condition 4 should be placed and used in line with the Information Commissioners CCTV Code of Practice and the Data Protection Act 1998 and any successive legislation or codes of practice.

Members were very concerned any problems with regard to anti-social behaviour that may arise if the application was approved and were not convinced any problems would not occur.

Members also commented on the waste management and where it was located. It was not clear where the waste bins would be located. Also with the extraction system and whether this covered noise and vibration effectively.

It was noted that a dispersal notice was issued a few years ago in the area. Members felt that more discussion was required with the Police with regard to this application.

Members asked for more clarification on CCTV, clear indication on the waste storage and information on noise and vibration. Members also requested a site visit before determination.

The recommendation for deferral was moved, seconded and on being put to the vote was unanimously agreed.

Resolved – That the application be deferred.