Agenda item

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

Recommendation : Refusal

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

Officers introduced the report and referred members to the addendum sheet that had been circulated. The Ward Councillors comments had been omitted from the report but had been included on the addendum sheet.

In accordance with the Council’s Constitution a representative of the petitioners addressed the meeting making the following points:-

• The main concerns against the application was in relation to the late opening hours and the odours that would come from the premises.

In accordance with the Council’s Constitution the agent addressed the meeting making the following points:-

• The shop was within a core area.
• There was an off licence close by, that opened early and closed at midnight.
• There were also other off licences in the same parade as the application site.
• The shop would have its own bin container at the rear of the shop.
• The shop was unlikely to cause traffic issues as it was to be a takeaway.
• The proposed unit had been shut for nearly a year not 6 months, as stated.
• There were currently no kebab shops in the area and this would provide an alternative food outlet in the neighbourhood.

A member raised concerns about the ventilation flue system that would take the cooking odours away from the residential properties above.

Officers advised that there was no proposal for a flue outlet to the rear.  The current ventilation was below the balconies of the flats above the premises. As officers felt that it would be difficult to provide a flue system that was visually acceptable in this location.

Members felt that a further reason for refusal could be added as officers felt that the layout at the rear, would make it difficult for a suitable flue system to be provided.   It was suggested and agreed that an additional reason for refusal be added. The wording of the additional reason for refusal to be agreed with the Chairman and Labour Lead.

In answer to an issue raised in relation to how the application contributed to the Hillingdon Local Plan, officers advised the committee that the application site was outside of the core area.  If the application had been considered acceptable officers would have recommended approval.

The recommendation for refusal contained in the report and an additional reason for refusal was moved, seconded and on being put to the vote was agreed.

Resolved – That the application be Refused for the reasons set out in the officer’s report and an additional reason for refusal regarding the ventilation flue for the food outlet.

Additional Reason for Refusal

The proposal fails to provide, and fails to demonstrate that such provision can be made, mitigation measures regarding the control of smell, fumes and other emissions from the site. The proposal would thus be detrimental to the residential amenity of adjoining occupiers and contrary to Policies BE19 and OE1 of the Hillingdon Local Plan: Part Two - Unitary Development Plan Saved Policies (November 2012).