Agenda item

To consider a report of the Chief Planning Officer on an application for change of use of vacant ground floor shop (use class A1) to take away hot food shop (use class A5)

(report attached)

  Plans and photographs were displayed at the meeting

  Officers presented the report which sought approval for a change of use of a vacant ground floor shop to a hot food take away on Main Street Collingham

  While the application was acceptable in principle and Highways were satisfied with the proposals, there was an issue about the proposed opening hours, with concerns about the impact on residential amenity and nuisance in respect of odour and litter

  Members were informed that the applicant had been asked to consider closing at 21.30 but stated there were viability issues associated with this and had indicated he would appeal such a condition

The location of residential accommodation in the area, beyond that of

the upstairs flat was highlighted

  Regarding traffic movements, the vehicular access arrangements were outlined as were the parking restrictions.  The Panel’s Highways Officer stated that the existing parking demand, i.e. from the previous use of the premises as a newsagents had to be considered and that although it was accepted that a hot food take away would generate more trips, these were likely to be of shorter duration.  It was also accepted that turning would be difficult but that this could not substantiate a reason for refusal of the application

  The Panel considered the application and commented on the following matters:

·  the existence of another hot food take away in the area which closed at 21.00 and seemed to be a viable concern

·  the need for robust conditions on opening hours in the interests of protecting residential amenity

·  parking problems on Main Street

In discussing the issue of opening hours, as the Panel appeared to be

minded to refuse the application, the applicant’s agent who was in attendance was invited to address Members, with the following points being made to the Panel

·  that the scheme represented a significant investment in the area to provide a good facility

·  that only one additional hour towards the end of week was being sought and that the applicant would accept 21.00 or 21.30 hours on the other days but that the additional trading time was needed to ensure the viability of the business and without this additional time, the development might not proceed

·  that the applicant was a local resident and would employ local people

 For clarity the Chair sought to establish the hours being sought, with

the Panel being informed that Monday – Tuesday, 21.30 closing and 22.30 closing all other days.  Members were informed that the premises would not open before 16.00

  The Panel discussed the application, with the main issues being raised relating to:

·  hours of opening

·  highways issues

Members considered how to proceed.  An amendment to alter the

hours to 21.30 Monday – Tuesday and 22.30 all other days was made and seconded; the recommendation as set out in the submitted report was also made and seconded.  It was noted that local residents and the Parish Council had not been afforded an opportunity to address the Panel

  In view of the different views expressed by Panel, further discussion on the most appropriate way forward took place

  RESOLVED -  That determination of the application be deferred to the next meeting and that the Chief Planning Officer be asked to submit a further report which addressed the applicant’s preferred opening hours.  It was noted that the Officer recommendation might change in light of later opening hours