Agenda item

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

(report attached)

  Plans, photographs and drawings were displayed at the meeting.  A Members site visit had taken place earlier in the day

  Officers presented the report which sought permission for a change of use of an A1 shop to an A5 hot food take away in a small parade of shops on The Avenue, Alwoodley LS17

  Members were informed that the premises, which was currently vacant, was situated at the end of a parade of shops which was surrounded by residential properties

  The proposals were for a fish and chip shop with opening hours of 11.30am – 8.00pm, Monday – Saturday and no opening on Sundays.  No external seating would be provided and that the applicant had agreed to a condition requiring the provision of litter bins outside the premises for use by customers.  Officers pointed out that in terms of opening hours, the same hours had been accepted by a café unit further along the parade

  In respect of car parking and highway safety, as this was an existing unit, it was necessary to consider what the parking requirements were for the A1 use and whether, for the proposed A5 use, these would have a materially greater impact.  Having fully considered the matter and noted the number of concerns raised by local residents about highway safety, it was the view of Officers that the proposed use would not have significantly greater implications in terms of traffic movements and parking requirements.  At the early evening peak time for the fish and chip shop, other shops were closed, so levelling out any traffic impact caused by the proposals.  A condition requested by Highways had been included which restricted the use of the premises to A5 hot food take away to prevent it from becoming an A3, restaurant and café use

  In terms of external alterations to the unit, there would be the provision of a flue, which was relatively slim in appearance.  The flue would project 1.6m above the eaves level of the building, with this measurement being confirmed to Members in view of different heights being referred to in the submitted report.  To address concerns which had been raised locally about potential noise and odour from the flue, this had been positioned away from the flats above the premises

  The Panel heard representations from an objector who attended the meeting

  Members discussed the application and commented on the following matters:

·  the planning history of the site; that a similar application had been refused in 1990 and what had changed since then to merit this application being considered acceptable.  Members were informed that a previous application had been refused on the grounds of impact on residential amenity due to the late night opening which had been proposed.  This application was for hours closing at 8.00pm, which was felt to be acceptable.  Another reason had been the loss of a retail unit in a neighbourhood shopping parade, however policy changes now meant these restrictions no longer applied, with each case now having to be determined on its merits

·  the level of local opposition to the proposals and the need to consider the application on planning grounds

·  that a hot food take away in this location, so close to a large residential development was not acceptable

·  whether there was a need for such a unit in this location

·  that the bus terminus close to the premises would add to the parking problems associated with the proposed use of the premises

·  the possibility of a delivery service for hot food being operated from the premises.  Members were advised that this could be prevented by a condition

·  that tight restrictions on opening hours were to be imposed and that the proposal would bring back into use an empty shop unit

Members considered how to proceed.  Proposals both for and against

the Officer’s recommendation were made and seconded

  RESOLVED -  That permission be granted subject to the conditions set out in the submitted report and additional conditions requiring the provision of litter bins for customers and that no deliveries of takeaways to take place from the premises