Planning Application No: 45/2006/6388
7 Day Notice: YES / NO
1.
Site Description
1.1
The application site is within the centre of Ingleton to the rear of Pearson’s Butchers
and the Copper Kettle on Main Street. The site comprises a recently constructed
rendered building which gained planning permission as a storage building to be used
by the Copper Kettle café / tearoom.
1.2
Land ownerships in this part of the village are very complex, and the arrangement of
buildings is somewhat haphazard. In addition to being adjacent to Pearson’s
Butchers, the Copper Kettle and other commercial properties there are also several
residential properties in the vicinity of the application site. Residential flats are sited
above many of the commercial properties, a recently converted small property is
located directly to the south west of the application site, and a larger detached
property known as Church Croft is found to the south.
1.3
The site lies within the boundary of the conservation area and is on the boundary of
the core retail areas.
2.
Proposal
2.1
Planning permission is sought for the change of use of the building from a storage
use to a butchery preparation area. It is understood that the building is to be used as
ancillary accommodation for Pearson’s Butchers and that one of the main uses of the
building will be for the cooking of products for sale at the shop.
2.2
The application has been submitted with details of an extraction flue that is to exist
out of the roof of the single storey building, bridge across an existing rear
passageway to a two storey structure, and terminate at 1 m above eaves level.
3.
Planning History
3.1
Planning Ref: 45/2004/4330 permitted the erection of a storage building on 2 July
2004.
3.2
Planning Ref. 45/2006/6177 also proposed the change of use of this building from a
storage building to Butchers premises, but was refused for the following reason: -
3.3
‘The Local Planning Authority is not satisfied that the development proposal can be
undertaken without unacceptably harming the amenities of the occupiers of
neighbouring residential properties (particularly by reason of cooking odours
emanating from the premises). The proposal is therefore considered to be contrary
to the requirements of policy ENV16 of the Adopted Craven District (Outside the
Yorkshire Dales National Park) Local Plan.’
3.4
Other planning history exists, but none is of any particular relevance to this proposal.
4.
4.1
5.
Planning Policy Background
Local plan policies of relevance comprise ENV16, BE11 and T2.
Parish/Town Council Comments
5.1
Ingleton Parish Council has made the following comments
5.2
‘The parish council wished to express support for a local tradesman intending to
develop and expand his business, but also recognised that nearby residents had a
right to be protected from environmental nuisance that may be caused. The
members’ felt that every effort should be made to locate the extractor fan and duct in
a position which does not incommode the nearby flat’
6.
Consultations
6.1
The Highways Authority has raised no objections.
6.2
Environmental Health has made no objections. They have commented that the
proposed extraction system should deal with potential noise / odour problems
associated with extraction of air from a pie preparation area. They have commented
that should post installation problems occur then action for statutory nuisance could
still be initiated if necessary.
7.
Representations
7.1
3 letters of representation have been received. 2 letters of objection have been
received that raise the following issues: -
7.2
The extractor fan and duct will be sited directly adjacent to the balcony and bedroom
window of an existing flat. There are therefore concerns about odours and noise
from this installation. It is unnecessary to install the equipment in this location when
other options are available.
7.3
Neighbours have recently had problems with a compressor sited close to the
bedroom window of the flat.
7.4
1 letter of support have been received that raise the following comments: -
7.5
The proposed use does not unacceptably impact on neighbouring Church Croft.
7.6
The butchery business has been improved considerably by the present owner with
benefit to the village in general.
8.
8.1
9.
Summary of Principal Planning Issues
The key planning issues are considered to be the impact on neighbours’ amenities
that may result from this change of use from a small storage building to a butchery
preparation area for the adjacent butchers shop, and the impact on the character and
appearance of the conservation area.
Analysis
9.1
The building in question is very small in size and in both the current approved and
proposed use will be used for employment purposes in connection with an existing
adjacent business. There is no problem in principle with this change of use.
9.2
A key planning issue is the impact that this change of use will have on the amenities
of neighbours. Policy ENV16 is a General Pollution policy and is of some relevance
to this application. It states that proposals will be refused if pollution would have an
unacceptable impact.
9.3
The previous application proposed no commercial extraction equipment other than
domestic scale fans. It was also not considered appropriate to attach a condition
requiring commercial extraction equipment due to the difficulties of siting an
extraction flue. As the application premises is single storey building and adjoining
uses include residential property, some of which is two storey in height, it was
considered difficult to vent odours out above the height of windows serving
neighbouring residential properties (a very high flue protruding out of the single
storey building was not considered to be a visually acceptable solution).
9.4
This scheme now proposes a flue exiting out of the single storey building, bridging
across a rear passageway to attach to a different two storey building in the
applicant’s control. The flue will be sited close to the rear balcony of a first floor flat,
but Environmental Health has commented on this amended arrangement and is
satisfied that it will overcome residential amenity problems. It should be noted that
whilst the flue pipe is adjacent to the balcony, it would not terminate until 1 metre
above eaves level of the two storey building.
9.5
Whilst overcoming residential amenity problems the visual impact of the flue on
Ingleton conservation area should be considered. The flue would certainly not have
a positive impact on the conservation area. However, it would be sited to the rear of
existing commercial properties in a location that is not particularly publicly visible.
The location is largely commercial in nature (albeit also including residential), and in
this setting the flue pipe is not considered to unacceptably harm the conservation
area. Painting of the flue in an appropriate colour (such as to match adjacent
stonework) will help to improve the flue visually and therefore an appropriate
condition is recommended.
9.6
The scheme is considered to be acceptable with respect to all other local plan
policies and planning issues. Comments have been made that an alternative siting
for the flue should be found away from existing residents. The applicants have put
this proposal forward as a solution to overcome the previous refusal. The application
has been assessed on the basis of the submitted plans and is considered to be
acceptable.
10.
10.1
11.
Recommendation
Approve with conditions
Summary of conditions
11.1
Standard time limit.
11.2
Prior to the first use of the premises for the cooking of food produce the extraction
equipment and flue (as detailed on the submitted plans) shall be installed and shall
be so retained thereafter.
11.3
Unless otherwise agreed in writing with the Local Planning Authority, the flue shall
terminate at a height of 1 m above the eaves of the 2 storey butchers premises upon
which the flue is to be attached.
11.4
Reason: For the avoidance of doubt, in the interests of protecting residential amenity
and to ensure compliance with Local Plan Policy ENV16.
11.5
The application premises shall only be operated on an ancillary basis to the existing
butchers premises. At no time in the future shall its use and operation be separated
from the adjoining butchers shop.
11.6
Reason: In the interests of residential amenity, highway safety and to ensure
compliance with local plan policies ENV16 and T2.
11.7
Within 1 month of its installation, and unless otherwise agreed in writing with the
Local Planning Authority, the flue shall be painted in colour and with a product that
has previously been agreed in writing with the Local Planning Authority.
11.8
Reason: In the interests of protecting the character and appearance of Ingleton
Conservation Area and to ensure compliance with Local Plan policy BE11.
Reason for Approval
The proposed change of use is in principle acceptable in this village centre location. The
impact of the new use on the residential amenity of existing neighbours is an important
consideration (particularly with respect to cooking odours), but it is considered that the
proposed measures that accompany the application are satisfactory and will overcome
residential amenity problems. Subject to a condition requiring the painting of the flue, in
accordance with details agreed with the Planning Authority, the visual impact of the flue is
considered acceptable given its location and limited public visibility. The proposal is
acceptable with respect to all other material planning issues and considerations. The
scheme is therefore in accordance with Local Plan policies ENV16 and BE11.