Agenda item

Change of use from Use Class A1 (Shops) to Use Class A5 (Hot Food Takeaway) and demolition of existing outbuilding to the rear.

Recommendation : Approval

Change of use from Use Class A1 (Shops) to Use Class A5 (Hot Food Takeaway) and demolition of existing outbuilding to the rear.

Officers introduced the report giving a brief summary of the application.

In accordance with the Council's constitution a representative of the petitioners addressed the meeting.  The agent was not present at the meeting.

The petitioner made the following points:-

·         The site is located close to residential properties.

·         The proposal would damage the quality of life for local residents.

·         There was only a 10 foot gap to the closest bedroom window.

·         The proximity of the site would result in odours and noise, which would significantly affect residents in the adjoining flats.

·         The site was directly opposite a school and there were concerns about healthy eating options for the pupils attending the school.

·         In another Borough a Court had overturned a decision on a takeaway in close proximity to a school.

·         The business would be reliant on mopeds to deliver takeaways, which would cause residents noise and disturbance 12 hours a day, 7 days a week.

·         The proposal would cause disturbance to the elderly and families with young children that live close to the site

·         Residents would be unable to open windows in the summer due to the noise and odours emanating from the site.

·         Residents had enjoyed peace and quiet since the previous use had been closed, by the Police and the Courts.

·         The concerns raised in relation to noise and disturbance that would be caused by the delivery mopeds could not be dealt with by condition.

·         The Greenway was a classified road with no parking due to restrictions.

·         There was a pedestrian crossing located in close proximity to the site.

·         Parking currently takes place on the forecourt of the shop and there were concerns about vehicle and pedestrian safety.

·         The takeaway would not provide a viable service to the community.

·         Requested that the Committee refuse the application.

A letter that had been received from a Ward Councillor in support of the petitioners was circulated to Members of the committee.

In answer to a question raised in relation to condition 7 related to the hours use of and condition 8 covered deliveries to the site.  As the Committee were concerned about the clarity of condition 8 officers suggested and it was agreed by the Committee that condition 8 be amended to make it clearer.

Officers advised the Committee that in relation to concerns raised in regard Healthy Eating and the proposal being in close proximity to a school, Hillingdon does not a have a policy in place on this and Members should not give any weight to these concerns.

A Member asked whether the concerns raised in relation to the noise and disturbance by the delivery mopeds had been taken into consideration.

In answer to a question raised in relation to the mopeds being used for delivery officers advised that this had been taken into account.  If the Committee had concerns a condition could be added to cease the use of delivery mopeds being used to an earlier time.

In answer to a question raised Members were informed that to access the forecourt in front of the proposed takeaway it would be necessary for the mopeds to go across the pavement and there was no crossover.

A Member stated that there had been an attempt to introduce a policy on the location of takeaways close to schools, although this had not been successful.   Each application had to be treated on its own merits, the proposal was close to a very busy school and the traffic arrangements were not felt to be acceptable. There were concerns that having mopeds crossing the pavement, its location on a busy road would be dangerous and the hours of operation were felt to be excessive. 

It was suggested that the application be refused as it was not an appropriate use and would be unneighbourly to surrounding residential properties.  There were also serious concerns about the health & safety in relation to the delivery mopeds being used from the site.  There was a requirement on all Local Authority's to promote healthy eating so would be unable to support this application. If the application was further down The Greenway there would not be the same concerns.

In relation to the parking concerns the Highway Engineer advised the Committee that the parking standards were the same for A1 and A4/5.  The peak hours for traffic would be between 8 - 9 in the morning and 5 - 6 in the evening.  Consideration needed to be given to the schools opening and closing times.

It was moved and seconded that the application be deferred to enable the Members to make a site visit.  On being put to the vote there were three in favour and three against the Chairman used his casting vote and the request for a site visit was lost.

Officers suggested that as Members had concerns about the healthy eating programme that if refusal was agreed that an informative be added to highlight the Committees concerns.

It was then moved and seconded that the application be refused for reasons of noise, disturbance and vehicle and pedestrian safety and an informative as suggested on the Healthy Eating concerns.  On being put to the vote refusal was agreed. The reasons for refusal to be agreed by the Chairman and Labour Lead.

Resolved : That the application be Refused for the following reasons:-

1. The proposed development including the hours of operation and the provision of a motor cycle delivery service is likely to result in noise, disturbance and activity above the level acceptable in a predominantly residential area. The proposal is therefore contrary to Policy OE1 of the Hillingdon Local Plan: Part Two - Saved UDP Policies (November 2012).

2. The proposal would result in vehicles parking on the highway in close proximity to a pedestrian crossing and school  which would result in a danger and inconvenience to highway users, to the detriment of public and highway safety. Therefore the proposal would not comply with Policies AM2 and AM7 of the Hillingdon Local Plan: Part Two - Saved UDP Policies (November 2012).