Agenda item

To consider the report of the Chief Planning Officer for change of use from a vacant retail unit (Class A1) to a hot food takeaway (Class A5) including new shopfront and installation of extraction / ventilation equipment.

(Report attached)

The submitted report of the Chief Planning Officer proposed an application for the change of use of a vacant unit on Main Street, Garforth from a shop (A1) to a hot food takeaway (A5) with new shopfront and installation of extraction /ventilation equipment.

Members were informed that there is a car park to the rear of the unit with 2 designated spaces for the unit and a bin storage. Members noted that the car park is locked from 6pm until 7am.

Members were informed that bungalows back on to the rear of the car park with a distance of 21 metres which are separated by palisade fencing.

Members had visited the site earlier in the day and were shown photographs and plans at the meeting.

The new shop front would be of aluminium the same as other shop fronts in the centre.

Members noted that the conditioning unit was to be replaced with a new unit to eject fumes.

Members also noted a typo at 4.3 of the submitted report should read ‘allowed at appeal 6^th February 2014’

Sue McQuire the secretary of the Garforth Neighbourhood Forum attended the meeting. She told the Panel that there was a need in Garforth for a greater variety of shops as the majority on the Main Street are takeaways or hairdressers. She said that the report had omitted to take account of a survey conducted with householders in Garforth which asked to see less hairdressers and takeaway premises.

Ms McQuire said that the A3 and A5 uses conflicted with the policy of Leeds City Council. She informed the Members that Garforth was listed as one of the highest in the city for obesity.

Ms McQuire made a number of references to Leeds City Council policies and priorities including Child Friendly policies, Leeds Health and Wellbeing Strategy, Core Strategy and the mission for Leeds to be the best for health and wellbeing.

Ms Mcquire said that the report of the Chief Planning Officer omitted to include the concern that there are inaccuracies around the frontage measurements, and they would exceed the core strategy percentages of 30% non-retail on this parade.

Nigel Cussen on behalf of Dominos Pizza UK and Ireland and the outlet Operations Manager were at the meeting.

Mr Cussen informed the Members that the outlet would employ local people and would keep footfall in the area. He said that the spaces in the car park would be used for delivery people outside of normal operating hours. The car park would be locked and only the manager would have the key.

Members expressed their concerns that these type of car parks attracted anti- social behaviour. However, they were of the view that the car park in Garforth seemed to be well run.

The Operations Manager said that the car parking spaces would be used by staff not by delivery staff, therefore the car park would remain closed and locked. He said that there would normally be up to 4 delivery cars and they pick up orders from the front of the shop. He said that it was a quick turnaround and that delivery vehicles were not parked for long.

It was noted that the opening times as listed at number 3 of the conditions was not correct. The correct opening times should read 11:00am to 11:00pm

Members had noted that Garforth Academy was located close by and had concerns that students would visit the premises during the lunch period.

The Operations Manager explained that the predominant area of service for Dominios Pizza was delivery orders, with repeat business once in every five weeks.

Cllr. Nash recalled a South and West Plans Panel which had refused an application for a fast food outlet as it was close to a school. She told the Panel that this had been turned over at appeal and although it was still refused the inspector had refused it due the disturbance to residents.

Members expressed their concerns in regard to the proximity of the car park and bungalows to the rear as many of the residents living in them were elderly.

The Head of Development Management provided a brief overview of the issues for Members as follows:

·  Applicant had agreed to close and lock the car park between 6:30pm and 7:00am and that parking spaces would not be used for deliveries.

·  A Supplementary Planning Document (SPD) on takeaways and hot food outlets to be taken to Development Plan Panel.

·  No objections had been received from the school nearby.

·  Condition 3 of the submitted report to be amended to set opening hours as 11:00am to 11:00pm

RESOLVED – That the Plans Panel granted permission subject to the conditions set out in the submitted report with the amendment to condition 3 and an additional condition.

Condition 3 – Opening Hours 11:00am to 11:00pm

Additional condition - To restrict delivery vehicles from using the access road and parking area to the rear of the premise to limit any impact upon residential properties to the rear.

Under the provisions of Council Procedure Rule 16.5, Councillor S McKenna required it to be recorded that he voted against the decision to grant the permissions, as resolved by the Pane.