Agenda item

To consider the report of the Chief Planning Officer on an application for change of use at ground floor from bank (A2) to hot food takeaway (A5), with new shop front and extract flue to rear at 28 Austhorpe Road, Crossgates, Leeds, LS15 8DX.

(Report attached)

The report of the Chief Planning Officer proposed a change of use at ground floor from Bank (A2) to hot food takeaway (A5), with new shop front and extraction flue to the rear at 28 Austhorpe Road, Leeds.

The application was brought to Plans Panel by Councillor P Gruen on the grounds of highway safety, impact on residential amenity and proliferation of hot food takeaways which would give rise to concerns affecting more than neighbouring properties.

Members were shown plans and photographs at the meeting. The red line boundary and access arrangements to the rear were clarified at the meeting.

Members were informed that currently there was no specific occupier identified for the ground floor property.

Members were shown the location of the extraction flue on the plans submitted.

Additional comments made by Councillor P Gruen were considered in relation to the number of hot food takeaways in the area and the need for a cumulative impact assessment to which the community and businesses could contribute. It was noted that a cumulative impact assess for the area was due to go to Development Plans Panel in March. He also expressed concerns in relation to the maintenance of a clean, tidy, rubbish free area externally to the shop and reasonable opening hours so that residents do not suffer from late noise and inconvenience. He requested that the Panel properly conditioned, with, if necessary, enforcement action following in a timely manner.

It was noted that a third party had raised concerns in relation to rear access. However, this had been clarified earlier in the meeting.

Members also noted the following:

·  That deliveries could take place to the rear of the property

·  That only 3 customer delivery vehicles (motorbikes/scooters) to be on site at any one time

·  That the use of roller shutters would be submitted to planning prior to approval

·  That there were no highways safety issues

Professor Judge of Cross Gates Watch spoke at the meeting against the recommendation informing Members that a lot of information had been omitted from the officer’s report. He informed the Panel that the owner had said that he would not allow access across his land to the rear.

Professor Judge was of the view that the design of the takeaway was poor and may even be illegal with the siting of the toilet opening onto the food preparation area.

He had concerns in relation to the closing time of 23:30 hours as he believed that this time conflicted with the World Health Organisation recommendations in relation to sleep patterns. He suggested that 22:00 hours would be a more acceptable closing time.

Professor Judge also requested that Members note the following points:

·  That there was no adequate parking for customers or staff

·  That there was no specific area for deliveries

·  That there was a 24 hour taxi firm next door

·  That Crossgates had 20 hot food takeaways within a half mile of this location with only one fruit and vegetable store.

·  That neighbouring businesses had not been given permission to cross the land to the rear.

·  No separate storage for the stock or cardboard boxes available

·  Not sufficient toilets for the proposed number of staff

Mr Cook on behalf of the applicant attended the meeting and informed the Panel that the property had been vacant for 12 months and although it had been marketed it had only received one user for a firework shop which had been for a time limited period only.

Mr Cook went on to say that the vacant floors would play a vital role in housing. It was noted that the use of the vacant property as a bank had He was of the view that the area had a variety of shops and that the proposed takeaway would provide vitality to the area at different times of the day.

It was noted that the plans before Members provided bin stores and provision for cycles and motorcycle parking to the rear of the property.

Mr Cook said that there had been no consultation undertaken in the area.

It was noted that Highways had checked the rear access and had record of the plan of the adoption of the road which showed that the curtilage of the rear access extended to 28 Austhorpe Road.

Mr Cook informed the Panel that the applicant was currently in talks with a national operator who was requesting opening hours until 23:30. It was noted that the operator would require a licence to operate after 23:00 hours.

It was the view that the design and internal layout of the property were within in guidelines for health and safety legislation.

It was noted that the hot food takeaway would require an extraction flue and this had been included within the conditions set out in the submitted report.

It was also noted that a condition had been included in the submitted report for sound insulation. Therefore, there would be no amenity impact.

The Highways Officer at the meeting clarified that given the current lawful use of the site and the sustainable location the lack of dedicated parking was considered to be acceptable in these particular circumstances. The Highways Officer quoted paragraph 9.4.1 of the Council’s Parking SPD and the advice in the National Planning Policy Framework and the need to demonstrate ‘severe’ highway impacts if an application is to be refused.

Members raised concerns in relation to the location of the extraction flue. They were assured that the discharge of the flue was one metre above the window and was within DEFRA guidelines. However, the height of the flue was not fixed and it could go higher. It was also noted that there would be 3.6 metres between the window of the proposed flat and the flue and that this would be within legal limits.

Members were informed that Environmental Health and Ward Councillors would be consulted prior to the installation of external extraction equipment.

Members discussed the proposal of a cumulative impact assessment for the area and the benefits that such assessments had produced in other wards. The Panel was supportive of this suggestion. Members were informed that a Supplementary Planning Document in relation to hot food takeaways was due to be heard at the Development Plans Panel in March. However, there was no such policy as yet.

RESOLVED – Members to grant planning permission in accordance with officer recommendation subject to:

·  Amendment to condition 6: Details of extract ventilation details to be submitted and approved (officers to consult with Environmental Health on the submitted details and to ask them to have regard to any planning permission that may be granted for the use of the upper floors as studio flats. Officer also to consult with Ward Members on the submitted details) 

·  Amendment to condition 10 to limit delivery vehicles to motorbikes/scooters, deliveries from the premises should take place from the rear and no more than 3 motorbikes/scooters on site at any one time.

·  Additional condition: Details of any external roller shutters to be submitted and approved.

·  Letter to be sent to Licensing Team setting out the Plans Panel support for a cumulative impact policy for Cross Gates

Councillor Wadsworth left the meeting at the end of this item.