Table of Contents
I.
Introduction and background ....................................................................... 3
Introduction
Background
Consultation
Implementation
Monitoring Process
II.
Policy Context ................................................................................................. 7
National Policy
Local Policy
III.
Approach to Planning .................................................................................. 11
Vitality and Viability of Centres
Residential Amenity
Healthy Eating
IV.
Do you require planning permission? ......................................................... 15
Planning Policy Considerations
Other Matters
Summary
V.
Appendices ..................................................................................................... 0
Appendix 1 Core Strategy and Urban Core Plan
Policies CS7, CS14 and NC1
Appendix 2 Licensing Act 2003 - Late Night
Refreshment License
Appendix 3 Maps of centres within Newcastle’s retail
hierarchy showing locations of hot food takeaways as
at September 2015
Appendix 4 City-wide Map showing locations of hot
food takeaways
Appendix 5 City Wide Plan showing School Exclusion
Zones
Appendix 6 Plans showing individual School Exclusion
Zones
Appendix 7 Guidance on Extraction Systems
Appendix 8 Provision of Sanitary Accommodation
Appendix 9 Starting a New Food Business
Introduction and background
Introduction
1.1
This Supplementary Planning Document (SPD) will provide additional guidance to
support Policies CS7, CS13, CS14 and NC1 of the Core Strategy and Urban Core Plan
(2015), Unitary Development Plan (UDP) (Saved 2007) policies H2, EN1.1, T2, T4.5, T5.3,
T7.1 and Pol 7 and relevant national guidance relating to town centres and hot food
takeaways.
1.2
This SPD sets out the Council’s approach in relation to planning control of hot food
takeaways and includes a number of planning considerations which will be used to
determine planning applications for hot food takeaways.
1.3
The Town and Country Planning (Use Classes) Order 1987 (as amended) subdivides
different development types into separate classes of use. Hot food takeaways are
designated as Use Class A5. The definition of Use Class A5 is an establishment whose
primary business is for the sale of hot food for consumption off the premises. The
proposed layouts of such premises provide a guide as to its primary function. In
determining the dominant use of the premises consideration will be given to:

The proportion of space designated for hot food preparation and other servicing
in relation to designated customer circulation space; and/or

1.4
The number of tables and chairs to be provided for customer use.
Hot food take aways can also form part of a mixed use with cafes or retail units. This
form of development would be a sui generis use (not within any use class), and this
SPD would be a material consideration in determining these applications.
1.5
This SPD will set out guidance on the following:

Over concentration and clustering

Proximity to secondary schools

Protection of residential amenity

Highway impact

Hours of operation

Odours and noise abatement

Disposal of waste products
1.6 The SPD will be a material consideration in the determination of planning
applications for hot food takeaways.
Background
1.7
Newcastle City Council adopted the Core Strategy and Urban Core Plan (CSUCP) in
March 2015. The CSUCP is the central document in Newcastle’s Local Plan and forms
part of the Council’s Development Plan and will guide all decisions about individual
development proposals.
1.8
The CSUCP has a number of strategic objectives which will be delivered by the
policies in the Plan. In particular, strategic objectives SO3, SO4 and S010 are relevant.
Strategic objectives SO3 and SO4 are related to Newcastle’s position as a regional
retail centre, the role of which should be improved and expanded. The CSUCP should
ensure the provision of quality district and local centres with a diverse range of shops
and services. Strategic objective SO10 aims to “provide the opportunity for a high
quality of life for everyone and enhance the wellbeing of people to reduce all
inequalities”.
1.9
Policies CS7 ‘Retail and Centres’, CS14 ‘Wellbeing and Health’ and NC1 ‘Newcastle
Central Sub-Area’ will help to deliver these objectives (See Appendix 1 for full policy
wording). Policy CS7 aims to protect the vitality and viability of centres in the retail
hierarchy by encouraging a balance of retail and supporting uses which are
appropriate in scale to the relative position of each centre in the hierarchy.
1.10 Policy CS14 aims to maintain and improve the wellbeing and health of communities
by ensuring access to local employment opportunities, healthy housing, open space,
cultural and community facilities, healthy food and care and health facilities. In
particular, Policy CS14 details the Council’s ambitions to control the location of
unhealthy eating establishments.
1.11 The supporting text that accompanies policy CS14 states “In certain locations there is
an issue where unhealthy eating establishments cluster together, reinforcing the ease
of access to unhealthy foods. This will be considered further in a subsequent Local
Development Document (LDD), however, until Newcastle’s Development and
Allocations LDD is prepared, interim planning guidance on managing unhealthy
eating establishments is required in a Supplementary Planning Document”.
1.12 Policy NC1 promotes the continued success of the Central Sub-Area, through
protecting the retail centre and enhancing the role of Newcastle as the regional
centre by permitting A1 and A3 uses within the primary retail frontages and permitting
A1, A2, A3 and other supporting uses within the secondary retail frontages.
1.13 Policy CS13 Transport is also relevant. This policy aims to ensure development is
located where the use of sustainable transport modes can be maximised, car trips
can be minimised and proposals connect safely to and mitigates the effects of
development on the existing transport networks.
1.14 SPDs are used to provide more detail on policies/policy approaches in a higher tier
plan. This SPD will therefore supplement the policies in the CSUCP and Saved UDP and
will be a material consideration for decision making purposes.
1.15 The SPD also supplements City-wide policy:

Newcastle’s Wellbeing for Life Strategy, discussed later in this document.
Consultation
1.16 The Council is strongly committed to involving as many people as possible in the
preparation of an SPD to ensure that stakeholders and the community have an
opportunity to have their say. The Council is legally required by Regulations 11 to 16
of the Town and Country Planning (Local Planning) (England) Regulation 2012,
alongside the Newcastle Statement of Community Involvement (SCI) (2013) to carry
out early engagement during the scoping exercise and formally consult on the draft
SPD.
1.17 The Council prepared a hot food takeaway scoping report in March 2015. Public
consultation on this scoping report was carried out between 29 June and 27 July 2015.
The scoping report was available on the Council’s website during this period and the
Council also informed:

All Council Members,

All contacts on our Local Plan database,

Parish Councils,

Health Providers,

Local MPs, and

All Secondary Schools
1.18 In total 32 responses to this consultation were received. Of these 17 were from
residents, 10 were from organisations, 2 were from Members and 3 were from
community groups. All responses received informed the preparation of the Draft SPD.
1.19 This Draft SPD will be subject to six weeks consultation. Responses received to this Draft
will be used to inform the adopted SPD.
Implementation
1.20 Once adopted, the SPD will be used to determine planning applications for hot food
takeaways within use class A5 and with mixed use developments which include a hot
food takeaway element. The policy approach will also be used to inform the
development of future policies within the Development and Allocations Local
Development Document.
Monitoring Process
1.21 The successful implementation of this SPD will be monitored through the Council’s
Annual Monitoring Report (AMR), using indicators for example use of this SPD in
determining planning applications and number of new hot food take away premises
granted.
Policy Context
2.1
Local Plan policies have an important role to play in developing vital and viable retail
centres which achieve an appropriate balance between retail and non-retail
supporting uses, for example hot food takeaways, while assisting with reducing the
growing levels of obesity.
National Policy
2.2
The National Planning Policy Framework (NPPF), published in March 2012 is a material
consideration in the determination of planning applications. The NPPF states that the
purpose of the planning system is to contribute to the achievement of sustainable
development. There are three dimensions to sustainable development - economic,
social and environmental. The economic role is to contribute to building a strong,
responsive and competitive economy. The social role is to support strong, vibrant and
healthy communities. The environmental role is to contribute to protecting and
enhancing the natural, built and historic environment.
2.3
The NPPF sets out 12 core land-use planning principles that should underpin decisiontaking. Six of these core principles are directly relevant to the aims of this SPD, namely
to :

Be genuinely plan-led, empowering local people to shape their surroundings;

Proactively drive and support sustainable economic development to deliver the
homes, business and industrial units, infrastructure and thriving local places that the
country needs;

Not simply be about scrutiny, but instead be a creative exercise in finding ways to
enhance and improve the places in which people live their lives;

Seeking to secure high quality design and a good standard of amenity for all
existing and future occupants of land and buildings;

Contributing to conserving and enhancing the natural environment and reducing
pollution;

Take account of and support local strategies to improve health, social and cultural
wellbeing for all, and deliver sufficient community and cultural facilities and
services to meet local needs
2.4
The NPPF aims to ensure the vitality of town centres by encouraging local planning
authorities to set out policies for the management and growth of centres, including
making clear which uses will be permitted in certain locations and promoting
competitive town centres that provide customer choice and a diverse retail offer1.
1
National Planning Policy Framework (2012), page 7
2.5
The NPPF also focuses on promoting healthy communities emphasising how planning
can play an important role in facilitating social interaction and creating healthy,
inclusive communities. The NPPF states that planning policies and decisions should aim
to achieve amongst other things, strong neighbourhood centres and active street
frontages. This section of the NPPF also requires planning decisions to guard against
the loss of valued facilities and services2.
2.6
The Planning Practice Guidance, (PPG) published by the Government in 2014, is an
on-line planning tool providing greater clarity on the planning system. The PPG
emphasises that health and wellbeing should be considered by local authorities in
plan making and decision taking including promoting access to healthier food.
Local Policy
2.7
In addition to policies within the CSUCP discussed earlier in this document, the Unitary
Development Plan (UDP) (Saved 2007) also forms part of the approved development
plan for the city.
2.8
The following saved UDP policies are considered to be consistent with the NPPF and
relevant to the consideration of this planning application:
2.9
Policy H2 of the UDP seeks to protect residential amenity and sets out a number of
criteria by which applications for development will be assessed. These include
protecting the character of the locality, ensuring satisfactory daylight, sunlight,
outlook and privacy for all dwellings, avoiding the introduction of new accesses traffic
or parking as would increase visual intrusion, noise or disturbance or prejudice road
safety, and ensuring that non-residential development will not harm residential
amenity.
2.10 Saved UDP Policy EN1.1 seeks high standards of design in all developments. These
policies aim to ensure that new development is well related to its site and
surroundings, does not seriously affect nearby development, is of good design, and
enhances the city’s environment and distinctive identity.
2.11 Saved UDP Policies T2, T4.5, T5.3, and T7.1 relate to traffic management, parking,
cycling and the provision of transport infrastructure. Policy T4.5 states that
development shall provide parking that meets operational needs, the provision should
be met by the implementation of parking standards on site or the payment of a
commuted sum for alternative provision. Policy T5.3 states that cycling will be
encouraged by ensuring cyclists’ needs are considered as part of new development
2
National Planning Policy Framework (2012), page 17, paragraph 69 & 70
and where appropriate, requiring that facilities, including parking, are provided, to
satisfy operational requirements and standards. Policy T7.1 recognises that new
development will generate demand for access to public transport, delivery vehicles,
cars, bicycles and pedestrians and that any new development must have regard to
road safety, the environmental effects of traffic, and the ability of the highway
network to cater for these demands.
2.12 Saved UDP Policy Pol 7 relates to noise and vibration, stating that development which
generates noise sufficient significantly to affect existing ambient sound or vibration
levels in residential areas or other noise sensitive areas will only be allowed if it
complies with the attenuation and monitoring requirements of the Development
Control Policy Statement 22 Noise and Vibration.
2.13 The Council’s Interim Planning Guidance (IPG) on Transport Assessments, Travel Plans
and Parking (adopted April 2010) is also relevant. This guidance is a material
consideration in the assessment and determination of any planning application.
2.14 After 2300hrs the provision of late night refreshment is regulated by the Licensing Act
2003. Further information is provided in Appendix 2.
2.15 Newcastle City Council is one of the partners on the Wellbeing for Life Board made up
of organisations and people working together to improve the wellbeing and health of
everyone in Newcastle. The Board has developed a Wellbeing for Life Strategy for the
city. The overarching ambition is – “people who live, work or learn in Newcastle
equally enjoy positive wellbeing and good health”. The strategy focuses on five ways
to wellbeing for life, one of which ‘Take Notice’ includes a reference to enjoying
healthy food3. The Decent Neighbourhoods section also highlights the need to
provide “a layout, shops, services, parks and green spaces that make active living
and healthy eating easy to do”.4
2.16 The Public Health Outcomes Framework sets out a range of outcomes that local
authorities can use to better understand the health of their population. These
indicators are useful in enabling local authorities to target health improvement work.
The indicators directly relevant to this document are:
a. Excess weight in 4-5 and 10-11 year olds
b. Excess weight in adults5
Newcastle’s Wellbeing for Life Strategy (2013)
Ibid
5 Public Health Outcomes Framework www.phoutcomes.info (2015)
3
4
2.17 Current levels of obesity in children in Newcastle are higher than the figures for
England (see section on Healthy Eating). The excess weight for adult’s measure, whilst
similar to the England average, is high. The England figure shows that 63.8% of the
adult population are classed as overweight or obese. For adults in Newcastle the
figure is 60.3%. To seek to reduce the level of obesity the City Council has put in place
a programme of measures to work to reducing obesity in both adults and children
which is set out in more detail later in this document.
Approach to Planning
Vitality and Viability of Centres
3.1
Newcastle’s retail centres perform an important role for residents and the local
economy. They provide shopping and services, are places of employment and
leisure, are a focus for community activity and provide character and identity to local
areas. Policy CS7 of the CSUCP supports a network of accessible centres in the retail
hierarchy, to act as the key focus for retail and leisure investment and seeks to
promote their vitality and viability. Excluding the primary shopping area within
Newcastle’s city centre retail centre, the city has a total of 45 centres including 8
district centres and 37 local centres. District centres each perform a role and function
which reflects the particular needs and character of their local community. The main
role of district centres is to allow access to a wide range of retail and related services
while local centres contain a smaller range of shops and services which support the
daily needs of a smaller catchment area.
3.2
Retail health checks for all of the district and local centres were prepared to inform
the CSUCP. Retail health checks collate data on a range of individual vitality and
viability indicators. Vitality refers to how busy a centre is and viability refers to the
capacity of the centre to attract continuing investment. The health checks
concluded that overall, district centres are performing their role as a retail and service
hub well, with vacancy and environmental quality the main causes for concern,
particularly for Shields Road District Centre. The performance of local centres varies,
with just over half of the centres being classified as ‘high performing’ or ‘efficient’ and
just under half being classified as ‘at risk’ or ‘poor performing’. Vacancy rates, low
footfall and environmental quality are the main causes for concern6.
Residential Amenity
3.3
In order to ensure that Newcastle’s retail centres continue to retain their primary
purpose of providing a range of shops and services, including containing an
appropriate concentration of hot food takeaways, and to ensure the amenity of
surrounding residential properties is protected from the adverse impacts from hot food
takeaways, the presence of hot food takeaways across the city was gathered during
August 2015 to inform this SPD and provide a baseline for future monitoring.
3.4
6
The data gathered confirms that:

There are a total of 271 hot food takeaways across the city.

133 are in allocated retail centres, (6 of which are vacant)

138 are outside of allocated retail centres, (10 of which are vacant)
Newcastle Retail Health Checks, 2012

The district centres have the greatest representation of hot food takeaways, with
Chillingham Road having the highest, at 13.
3.5
Appendix 3 shows those centres with hot food takeaways present and their location
within the centre. Appendix 4 shows the distribution of hot food takeaways across the
city. This is the baseline position for monitoring future hot food takeaway proposals
through the Annual Monitoring Report.
3.6
Between September 2010 and August 2015, 137 planning applications for hot food
takeaways or including an element of use class A5 were received. Of those, 26
applications were refused by the Council, 12 of which were appealed by the
applicant. Of those 12 appealed; 5 were allowed, 3 were dismissed and 4 are
undetermined. Of those dismissed by the Inspector, residential amenity – effect on
living conditions of nearby residents through noise and disturbance were cited.
3.7
The success of adopted hot food takeaway SPDs by 12 other local planning
authorities since 2008 at planning appeals has also been assessed to determine how
effective the implemented policies have been. This found that there have been a
total of 58 appeals relating to hot food takeaway applications since the SPDs were
adopted. Of the appeals submitted, 38 were dismissed, within which the SPD was
referenced on 25 occasions, whilst 20 were allowed, with the SPD referenced 16 times.
Common reasons for dismissal were impact on residential amenity, over
concentration and clustering, the site falling within an exclusion zone of a school and
highway issues.
Healthy Eating
3.8
Obesity is a complex problem and presents a significant challenge for a number of
bodies, including local authorities. The Government commissioned the Foresight
Report in 2007 “Tackling Obesities: Future Choices – Summary of Key Messages” which
outlined that tackling obesity needs to move beyond behaviour change alone and
take a society wide approach7. In 2011 the Government published “Healthy lives,
healthy people: a call to action on obesity in England”. This document signalled a
new way of looking at the obesity issue, siting new approaches to tackling it
together8. Of particular relevance to this SPD, is how the planning system has the
potential to create a healthier built environment. The document states that “A
number of local areas have also taken steps to use existing planning levers to limit the
growth of fast food takeaways, for example by developing supplementary planning
policies”9.
Tackling Obesities: Future Choices – Summary of Key Messages (2007)
Healthy Lives, Healthy People: A call to action on obesity in England (2011)
9 Healthy Lives, Healthy People: A call to action on obesity in England (2011), page 28
7
8
3.9
In March 2014, Public Health England published ‘Obesity and the environment:
regulating the growth of fast food outlets. This document focuses on the role of the
environment and how planning authorities can influence the built environment to
improve health and reduce the extent to which it promotes obesity. It states that local
planning authorities have a number of legislative powers which can help to create
places where people are encouraged to maintain a healthy weight. One of the
dietary changes identified over the last few years has been an increase in the
proportion of food eaten outside the home, which is more likely to be high in calories.
In particular, hot food takeaways, which tend to sell calorie rich food. Action on the
food environment is also supported by Nice (National Institute for Health and Clinical
Excellence). Nice recommends planning authorities should be supported in restricting
planning permission for takeaways and other food retail outlets in specific locations,
for example, close to schools10,11.
3.10 Childhood obesity is one of the biggest public health challenges the Council faces.
The prevalence of obesity in primary school children in reception (aged 4-5) and Year
6 (aged 10-11) is high. The 2013/14 data shows that 25.9% of reception children and
38.2% of Year 6 children in Newcastle were classified as overweight or obese. Of
these, 11.8% of reception and 23.0% of Year 6 children were obese. These figures are
higher than the England figures. For England, 22.5% of reception children and 33.5%
of Year 6 children were classified as overweight or obese. Of these, 9.5% of reception
and 19.1% of Year 6 children were obese.
3.11 The Schools Health Related Questionnaire has been carried out in Newcastle on a
biennial basis in both primary and secondary schools in the city. Not all schools take
part, however it provides a useful picture of the health beliefs and behaviours of
children. In 2015, 58 schools took part in the survey made up of 43 first and primary
schools, 3 middle schools, 10 secondary schools, 1 special school and the Pupil
Referral Unit. The results show that for secondary schools, 7% of boys and 5% of girls
state that they eat takeaway / fast foods on “most days”. Pupils were also asked
whether they considered their health when choosing what to eat. In the secondary
schools taking part in the survey, 13% replied never and 47% replied sometimes. 21%
of pupils stated that they have fizzy drinks (not low calorie) “on most days”. When
asked about how often their family have take aways, 15% of pupils said that they
have a take away / fast food on at least “2-3 days per week”. For primary school
pupils this figure was 21%.
3.12 Newcastle City Council currently commissions a number of primary and secondary
prevention activities to reduce the prevalence of obesity in the city. These take a life
10
11
Obesity and the environment: regulating the growth of fast food outlets (2014), pages 3,4,5
National Institute for Health and Clinical Excellence. Prevention of cardiovascular disease (2010)
course approach. Programmes commissioned include breastfeeding support,
cooking skills, nutrition advice and information and physical activity programmes.
Many of these programmes build on the national Change4Life brand and key
messages. They are delivered in the areas of the city where there are higher levels of
deprivation and higher levels of need. Weight management programmes are also
commissioned for children and adults who are already overweight or obese. Whilst
the council currently invests a significant amount of funding into prevention, it is
recognised that additional environmental approaches have to be taken to reduce
the impact of the obesogenic environment in the city including addressing the
impact of the retail food environment.
Do you require planning permission?
4.1
Planning permission is required to change the existing use of a premises to a hot food
takeaway or if you intend to build new premises to be used as a hot food takeaway.
Where a property currently has permission for use as a hot food takeaway, planning
permission will not be required. However, any conditions attached to the original
planning permission would remain in force.
4.2
External building works or alterations that materially change the appearance of an
existing hot food takeaway, will usually require planning permission. External shutters
and grilles also usually require planning permission.
4.3
Separate advertisement consent may be required if you intend to display shop
advertisements, for example illuminated signs of any kind.
4.4
For further information on the above please contact Planning via email at
planning.control@newcastle.gov.uk. Advice on the likelihood of gaining planning
permission in the city can be obtained through the Council’s pre-application advice
service. Appropriate forms and the correct fee can be viewed on the Council’s
website under the Planning and Building section.
Planning Policy Considerations
4.5
The following planning policies will be taken into account when determining planning
applications for hot food takeaways. The policies supplement key factors,
development plan policies and issues used by the council to determine planning
applications.
HFT 1: Over concentration and clustering
When considering whether a proposed hot food takeaway would result in an overconcentration of such uses to the detriment of the vitality and viability of a centre in the
retail hierarchy, or harm to residential amenity, regard will be had to:
 The number of existing hot food takeaway premises in the immediate area and their
proximity to each other;
 The role and character of the centre and the importance of the number, function
and location of shops and other services that would remain to serve the local
community;
 The existence of vacant shop units and the general health of the centre; and
 The potential benefits of the proposal to the wider community.
To prevent the clustering of hot food take away units planning permission will only be
granted for this use where the following criteria are satisfied:
 That no more than two consecutive hot food takeaways should be located
adjacent to each other.
 Between individual or groups of hot food takeaways, there should be at least two
non-hot food takeaway shop units.
4.6
Adjacent units will include units within a building terrace or along a continuous street
frontage.
Reasoned justification
4.7
It is recognised that hot food takeaways offer a popular service to local communities,
however, it is also recognised that the success of our centres is strongly influenced by
the variety and choice of shops and services and other uses within them. District
centres are larger centres with the widest range and choice of goods and services. All
have good public transport links, car parking provision and strong walk-in catchments.
In addition to shops, they can support a number of other services and sustain their
vitality and viability. Local centres are generally smaller scale offering day to day
shopping needs of the local community. Some local centres are particularly small, but
play an important role in areas with sparse retail facilities. It is therefore important, that
such centres maintain a strong convenience-based offer. Consequently, within
allocated retail centres it is important that hot food takeaways do not detract from
the centres primary shopping function, or result in a loss of shops to the detriment of
local residents.
4.8
The first principle of enhancing retail centres is that it is shops which attract shoppers.
Hot food takeaway uses are often closed for much of the daytime. In order to
increase the vitality and viability of centres, it is necessary to support a choice and
range of shops. For example, the proliferation of hot food takeaways displaces other
shops and impacts on the vitality and viability of a centre, reducing choice to
healthier food options.
4.9
An over-concentration of hot food takeaways, particularly where they cluster both
within and outside of designated centres can have an adverse impact on the vitality
and viability of existing allocated centres and on residential amenity. Clustering of hot
food takeaways can detract from the primary retail function of a centre.
4.10 Increased numbers of customers congregating around hot food takeaways,
particularly in the evenings, can lead to problems of increased noise, disturbance and
anti-social behaviour. These effects can be intensified where such uses are
concentrated or clustered together.
4.11 This Policy supplements CSUCP Policy CS7.
HFT 2: Proximity to secondary schools
Hot food takeaways which are located outside of a centre in the retail hierarchy will not be
permitted where the proposal falls within 400 metres of the boundary of a secondary
school main school building.
4.12 Appendix 5 shows the school exclusion zones identified across the city at the time of
the making of the SPD. Appendix 6 shows the individual school exclusion zones. The
main school building on a school campus will normally contain the main
administrative offices of the school.
Reasoned justification
4.13 The Council considers that for premises which lie outside of an allocated retail centre,
planning permission will not be granted for hot food takeaways which fall within 400
metres from the boundary of a main secondary school building. Allocated centres are
exempt from this policy, as they are considered to potentially be appropriate
locations for hot food takeaways (Policy CS7 of the CSUCP). A 400 metre exclusion
zone has been used as it represents a 10 minute walk from the school. This is
considered to be a reasonable distance taking into consideration physical barriers on
any route.
4.14 School exclusion zones have not been created around primary, first or middle schools
as it is assumed that the majority of primary, first and middle school pupils do not
leave the school grounds at lunchtime. Alongside this, evidence suggests that
younger children do not directly interact with their food environment as much as
older children, who have more autonomy12.
4.15 Obesity is a significant health challenge and tackling growing obesity levels is an
important task for the Government and local authorities. Research demonstrates that
the more overweight and the earlier in life you become overweight, the greater the
impact on your health. Overweight and obese children are more likely to become
obese adults. It is therefore vital to support and establish healthy food choices from an
early age13.
4.16 In March 2014, Public Health England published “Obesity and the environment:
regulating the growth of fast food outlets”. This document highlights how planning
authorities can influence the built environment to improve health and wellbeing. In
particular, hot food takeaways are an area of concern because the food choice on
offer is usually calorie rich food14. Both Public Health England and the National Institute
for Health and Clinical Excellence (NICE) advise local authorities should restrict
planning permission for takeaways, particularly in specific locations, for example,
close to schools15. In addition other local authorities have adopted similar exclusion
zones around schools across the country.
4.17 Research demonstrates that the most popular time for school children to purchase
food from shops is after school16, also, some secondary schools allow children to leave
the school premises at lunchtime.
4.18 This Policy supplements CSUCP Policy CS14.
Understanding the relationship between food environments, deprivation and childhood
overweight and obesity: Evidence from a cross sectional England-wide study, Health and Place 27
(2014).
13 Health risks of childhood obesity National Obesity Observatory
https://www.noo.org.uk/NOO_about_obesity/obesity_and_health/health_risk_child 2015.
14 Obesity and the environment: regulating the growth of fast food outlets (2014).
15 National Institute for Health and Clinical Excellence: Prevention of cardiovascular disease (2010).
16 The school fringe: from research to action. Policy options within schools on the fringe (2009) Sinclair,
S; Winkler JT. Nutrition Policy Unit, London Metropolitan University.
12
HFT 3: Residential Amenity and Highway Impact
Applications for hot food takeaways will be refused where the use would result in an
adverse impact on neighbouring residents amenity from noise disturbance, vibrations from
plant and equipment and odours or impact upon highway safety.
When considering the impact of a proposed hot food takeaway on residential and
highway safety the following matters will be taken into consideration:
(i)
The location of adjacent residential properties and the impact of noise and
activity from customers and staff arriving and leaving the premises, especially in
the late evening and at night
(ii)
Demonstrate that appropriate extraction systems would effectively disperse
odours and fumes. Such systems must:
 Have minimal impact on visual amenity, including location and external finish;
 Be acoustically attenuated;
 Not adversely impact on the amenity of neighbouring occupiers, by virtue of
vibration, noise and odour;
 Be appropriately operated, cleaned, serviced and maintained in
accordance with industry best practice;
 Where appropriate, be improved to reflect any subsequent changes in the
mode or type of cooking that could increase odours;
 Provide appropriate odour protection to prevent the passage of smells
penetrating through the building into neighbouring properties.
(iii)
Notwithstanding the above, when considering appropriate hours of operation for
hot food takeaways regard will be had to:
 The likely impacts on residential amenity;
 The existence of an established evening economy in the area;
 The character and function of the immediate area; including existing levels of
activity and noise.
(iv)
Demonstrate appropriate sound proofing of party walls and ceilings, where
necessary, to ensure that there is no unacceptable noise disturbance from the
hot food takeaway to residential occupiers directly above or adjacent to the
proposed use.
(v)
The impact on the safety of pedestrians and road users will be considered with
regard to:
 The existing use of the site;
 Existing traffic conditions;
 The availability of public parking provision in close proximity to the site,
including on-street parking;
 Proximity of proposals to traffic controls, junctions, crossings and bus stops;
 Provision for loading/unloading and service vehicles;
 Provision for appropriate parking facilities if the premises offer a delivery
service.
Where a proposal is considered to have an unacceptable impact on highway safety,
planning permission will not be granted.
4.19 Extraction equipment must at least meet the minimum standards set out in the
guidance on control of odours and noise produced by the Department of
Environment, Food and Rural Affairs (Defra) and set out in Appendix 7 of this SPD.
Reasoned justification
4.20 The impact of hot food takeaways on residential amenity is an important
consideration when determining planning applications. Hot food takeaways can
cause unacceptable levels of noise, odours, traffic problems, litter and anti-social
behaviour. Outside of allocated retail centres, particularly in predominantly residential
areas, the need to protect residential amenity is paramount.
4.21 Often, the activities of hot food takeaway establishments tend to peak at times when
the surrounding background noise levels are considered to be low (e.g. late
evenings). Noise and vibrations generated both from the cooking activities and the
essential extraction equipment used in these premises, along with increased levels of
customer movement in and out of the premises, can cause intolerable levels of
disturbance to residents. Late nigh opening hours act to further exacerbate the
problem, attracting higher customer numbers in the afternoon and late evenings.
4.22 In areas where hot food takeaways are concentrated, the above issues can be
exacerbated. For these reasons, the protection of the living conditions of residents
close to hot food takeaways is a significant matter when assessing planning
applications.
4.23 It is not normally considered acceptable to locate hot food takeaways directly
adjacent to residential properties, regardless of the nature or proposed effectiveness
of the extraction system installed.
4.24 Planning Practice Guidance on Noise advises that “some commercial developments
including fast food restaurants…can have particular impacts, not least because
activities are often at their peak in the evening and late at night. Local planning
authorities will wish to bear in mind not only the noise that is generated within the
premises but also the noise that may be made by customers in the vicinity”.
4.25 Where a hot food takeaway use is potentially considered acceptable in amenity
terms it is necessary to consider placing conditions on a planning permission to control
the nature of the use and impacts on the surrounding area. In these circumstances it
is often necessary to place restrictions on the hours of operation of a proposed hot
food takeaway to prevent late evening and nighttime noise disturbance. In addition
to any planning hours condition, after 2300 hours the provision of late night
refreshment is regulated by the Licensing Act 2003. Further information is provided in
Appendix 2.
4.26 Odours from cooking smells from hot food takeaways can cause amenity problems,
especially if there are nearby residents. An effective system for the extraction and
dispersal of cooking odours must be provided. Natural ventilation is insufficient and a
high level extraction stack with fan and filters is required to ventilate cooking fumes
and remove odours without causing a nuisance to neighbouring properties.
4.27 The design of fume extraction/ventilation equipment should ensure that odours, fumes
or noise cause no nuisance or disturbance to nearby properties. Full details of the
proposed extraction system including the internal layout must be submitted as part of
the planning application. Noise from plant and equipment associated with hot food
takeaways will also be assessed when determining planning applications.
4.28 Public Safety and Regulation officers will be consulted on all applications and will
advise on the acceptability of proposed extraction systems. Appendix 7 provides
detailed guidance on extraction systems.
4.29 Saved UDP policies T4.5, supported by the Transport Assessments, Travel Plans &
Parking Interim Planning Guidance (IPG), Policy T7.1 and Core Strategy Policy CS13
seek to ensure that highway safety and parking arrangements are not compromised
as a result of any planning application. Hot food takeaways generate a high
proportion of car borne trade who require short stay parking. Delivery vehicles
connected with hot food takeaways can also contribute to increased traffic flow in
the vicinity of takeaways and parking pressures. Where a proposed hot food
takeaway use would result in dangerous parking or vehicle maneuvers that would be
prejudicial to highway safety then the application would be refused permission.
4.30 This Policy supplements CSUCP Policies CS13 and CS14 and Saved UDP Policies H2, T2,
T4.5, T5.3, T7.1 and Pol 7.
HFT 4: Disposal of waste products
Hot food takeaways must have space on the site to store all refuse containers associated
with the use in a secure and screened area.
Refuse storage containers should be sited so as not to cause an odour or noise nuisance to
neighbouring residential or commercial properties and be convenient to access for refuse
collection services. All refuse containers shall be stored in an approved private refuse area
at all times except on the day of collection.
Reasoned justification
4.31 Hot food takeaways can produce significant volumes of waste and disposal of waste
products will be considered in all planning applications for hot food takeaways.
Inadequate facilities for the storage and disposal of litter and waste can result in harm
to visual amenity and can pose a risk to public health. It is therefore important to
ensure that there is adequate space to accommodate waste facilities within the site
boundary within suitably sized wheeled bins. The Council normally require at least one
1100 litre wheeled refuse container per hot food takeaway unit.
4.32 Inadequate storage facilities can lead to waste containers located outside the
premises and sometimes encroachment onto the highway. This is not considered an
acceptable solution.
4.33 Businesses have a legal duty to secure their waste, prevent it escaping from their
control and to transfer it only to authorised persons. Disposing of waste or litter
inappropriately is illegal. Areas continually degraded by litter, or private land that
frequently accumulate litter and refuse, can have a detrimental effect on local
amenity. Every occupier or owner of land has some responsibilities for its upkeep and
for the safety of employees and visitors. Persons who illegally dispose of waste or
deposit litter can be prosecuted, but action can also be taken against businesses
where their activities contribute to littering, and against occupiers or landowners who
frequently allow their premises to be defaced by litter and refuse.
4.34 Public Safety and Regulation officers will be consulted on all applications and will
advise on the acceptability of proposed waste facilities. Applicants are advised to
view the Council’s Developer Guidance Note on Provision of Waste and Recycling
Collection and Storage Facilities to advise the appropriate level of refuse storage
capacity and location. This can be viewed on the Council’s web site
https://www.newcastle.gov.uk/sites/drupalncc.newcastle.gov.uk/files/wwwfileroot/en
vironment-and-waste/rubbish-waste-and-recycling/appendix_2_-
_developer_guidance_on_the_provision_of_waste_and_recycling_collection_and_stor
age_facilities_final.pdf
4.35 This Policy supplements Saved UDP Policies H2 and EN1.1
Other Matters
4.36 Newcastle City Council’s Designing for Community Safety SPD provides guidance on
shop front design, security shutters and grilles. For further information on this please
follow the link below.
http://www.newcastle.gov.uk/planning-and-buildings/planningpolicy/supplementary-planning-documents/designing-for-community-safety-innewcastle-upon-tyne-sp.
Summary
4.37 The key spatial plan for Newcastle, the CSUCP, includes policies which seek to support
vital and viable centres, healthy lifestyles and livable neighbourhoods through
planning. This SPD will help to ensure that Newcastle’s retail centres continue to retain
their primary function of providing a range of shops and services, along with
protecting residential amenity and controlling the location of, and access to,
unhealthy eating outlets. This document, together with other Council strategies,
should help to address the prevalence of obesity in the city.
4.38 The policy approach in this SPD will also be reviewed and taken forward in future
policies within the Development and Allocations Local Development Document.
Appendices
Appendix 1 Core Strategy and Urban Core Plan Policies CS7, CS14 and NC1
Policy CS7 Retail and Centres
The vitality and viability of centres in the retail hierarchy will be maintained and enhanced.
These centres will form the focal point for uses, services and facilities serving the surrounding
population. In addition to meeting local needs, the role of the retail sector in attracting
visitors and contributing to the economy will be supported. This will be achieved by:
1. Protecting the vitality and viability of centres by encouraging a balance of retail and
supporting uses which are appropriate in scale to the relative position of each centre in
the retail hierarchy. The retail hierarchy is designated as:
i. Newcastle Retail Centre - is the regional retail centre and is the priority for strategic
retail growth (this is defined in policy UC2);
ii. Gateshead Primary Shopping Area - the priority will be for retail-led mixed-use
development;
iii. District Centres - provide key services including shopping, local services, leisure,
public and community facilities:
In Newcastle (Figure 9.1a): 1) Adelaide Terrace, 2) Chillingham Road, 3) Denton
Park, 4) Gosforth High Street, 5) Great Park, 6) Kingston, Park, 7) Shields Road and 8)
West Road.
In Gateshead (Figure 9.1b): 1) Blaydon, 2) Birtley, 3) Coatsworth Road, 4) Felling, 5)
Low Fell, 6) Ryton, 7) Whickham and 8) Wrekenton.
iv. Local Centres - provide easy access to smaller scale shopping, services and local
community facilities to meet day-to-day needs:
In Newcastle (Figure 9.1a): 9) Acorn Road, 10) Arlington Avenue, 11) Armstrong
Road, 12) Ashburton Road, 13) Blakelaw (Moulton Place), 14) Brunton Park, 15)
Cedar Road, 16) Chapel House, 17) Church Walk, 18) Clayton Road, 19) Denton
Square, 20) Dinnington, 21) Fawdon Park, 22) Fenham Hall Drive, 23) Four Lane Ends,
24) Great North Road, 25) Heaton Road, 26) Jesmond Road, 27) Kenton, 28) Kenton
Lane, 29) Lemington, 30) Newbiggin Hall, 31) Newburn, 32) Newton Place, 33) Raby
Cross, 34) South Gosforth, 35) Stanhope Street, 36)Throckley, 37) Two Ball Lonnen, 38)
Walkergate, 39) Walker Road, 40) Wansbeck Road, 41) Welbeck Road, 42)
Westerhope, 43) Westgate Road, 44) Whickham View and 45) Wretham Place.
In Gateshead (Figure 9.1b): 9) Askew Road, 10) Chopwell, 11) Crawcrook, 12) Ellison
Road, 13) Fewster Square, 14) High Spen, 15) Old Durham Road, 16) Pelaw, 17)
Ravensworth Road, 18) Rowlands Gill, 19) Saltwell Road, 20) Sheriffs Highway, 21)
Sunniside, 22) Swalwell and 23) Winlaton.
2. Outside the retail hierarchy local community facilities and small shopping parades,
including single shops, will be retained where they provide an important service to the
local community and remain viable.
3. For retail proposals outside of the defined centres in the retail hierarchy:
i. Only permitting proposals where it can be demonstrated that there is not a
sequentially preferable site in, or on the edge of, centres;
ii. Requiring an impact assessment in accordance with national planning guidance;
and
iii. Considering impacts where there could be a significant adverse impact (regardless
of development size) on a designated centre.
4. Applying 3 i-iii above to proposals for other main town centre uses outside the Urban
Core, District and Local Centres.
5. The role of the Metrocentre, as an existing out-of-centre regional shopping destination,
will be sustained and supported with proposals being assessed in line with national
policy.
Policy CS14 Wellbeing and Health
The wellbeing and health of communities will be maintained and improved by:
1. Requiring development to contribute to creating an age friendly, healthy and
equitable living environment through:
i. Creating an inclusive built and natural environment;
ii. Promoting and facilitating active and healthy lifestyles;
iii. Preventing negative impacts on residential amenity and wider public safety from
noise, ground instability, ground and water contamination, vibration and air quality;
iv. Providing good access for all to health and social care facilities, and
v. Promoting access for all to green spaces, sports facilities, play and recreation
opportunities.
2. Promoting allotments and gardens for exercise, recreation and for healthy locally
produced food.
3. Controlling the location of, and access to, unhealthy eating outlets.
Policy NC1 Newcastle Central Sub-Area
Promoting the continued success of the Central Sub-Area will be achieved through:
1. Protecting the retail centre and enhancing the role of Newcastle as the regional centre
by:
i. Only permitting A1 and A3 within the Primary Retail Frontages (as designated in
Figure 16.1) at ground floor level. Change of use from A1/A3 will only be permitted
in exceptional circumstances where it can be demonstrated that the proposed use
would make a significant contribution towards the vitality and viability of the retail
centre; and
ii. Permitting A1, A2, A3 and other supporting uses within the Secondary Retail
Frontages (as designated in Figure 16.1) at ground floor level which make a
demonstrable contribution towards the vitality and viability of the centre.
2. Improving the environment and accessibility by:
i. Increasing pedestrian and cyclist priority on Blackett Street by upgrading the public
realm and reducing bus movements;
ii. Upgrading the public realm on Northumberland Street and reducing servicing
vehicles;
iii. Upgrading the public realm on Northumberland Road and improving pedestrian
links across College Street and John Dobson Street;
iv. Providing and improving at-grade crossings at Swan House Roundabout; and
v. Narrowing John Dobson Street and providing a cycle route as part of the Great
North Cycle Way.
3. Continuing the regeneration of Grainger Town through:
i. The re-use and conversion of the vacant or underused upper floors principally for
residential uses; and
ii. Safe, secure and sensitively designed ground floor entrances to upper floors which
respect the historic buildings.
4. Refurbishing Central Gateway by:
i. Increasing pedestrian space and pedestrian priority including undertaking
improvements to Neville Street;
ii. Enhancing links to the Primary Shopping Area via Grainger Street, Newcastle
College via Westmorland Road, Science Central via Pink Lane and Bath Lane and
also links to the Stephenson Quarter Key Site and Gateshead; and
iii. Removing traffic from the Central Station portico.
5. Regenerating the Old Newcastle area by:
i. Refurbishing and reusing the Black Gate; and
ii. Improving, access into the Castle Keep, signage, interpretation and the surrounding
public realm.
6. Enhancing the Urban Green Infrastructure Network and network of public open spaces
by undertaking improvements at the Bigg Market.
Appendix 2 Licensing Act 2003 - Late Night Refreshment License
Licensing Act 2003 - Late Night Refreshment License
The Licensing Act 2003 changed the law relating to the provision of late night refreshment
between the hours of 11 p.m. and 5 a.m. If you wish to sell hot food and/or hot drink to the
general public between the hours of 11 p.m. and 5 a.m. then you must apply to the City
Council for a Premises Licence.
Application forms and details of the application fees and the annual charges can be
found on the City Council website http://www.newcastle.gov.uk/business/licences-andpermits
All applications for licences and decisions made by the City Council when considering
applications must promote the four licensing objectives, which are:
• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm.
When considering applications for licences, the Council will also have regard to its
Licensing Policy. A statement of that Policy has been published and is available from the
Licensing Office at the Civic Centre or it can be viewed and downloaded via
www.newcastle.gov.uk.
For further advice contact the Licensing Authority on 01912787878
Appendix 3 Maps of centres within Newcastle’s retail hierarchy showing
locations of hot food takeaways as at September 2015
Appendix 4 City-wide Map showing
locations of hot food takeaways
Appendix 5 City Wide Plan showing School Exclusion Zones
Appendix 6 Plans showing individual School Exclusion Zones
Appendix 7 Guidance on Extraction Systems
Guidance on Extraction Systems
When a planning application in relation to food or drink premises is received by the
Council, an environmental assessment of the application is carried out by the Commercial
Team, Public Safety and Regulation.
The aim of the assessment is to ensure that the proposed development has an adequate
ventilation system that will not lead to complaints from neighbouring properties about
cooking smells or noise from equipment such as fan motors. Other environmental issues are
also considered, such as the likelihood of disturbance to neighbours by customers late at
night.
The Council has powers under the Environmental Protection Act 1990 to take action
against takeaways and other food and drink premises if they cause a nuisance. However, it
is much better for the relevant details to be incorporated into planning applications to
ensure that such problems are unlikely to occur.
In most cases a high level of protection is to be incorporated into an extraction/ventilation
system for all hot food takeaway uses, regardless of the type of food to be cooked. This is
because, once planning permission is granted for this, the premises can be used for any
range of food preparation, including those which have the potential to cause odours.
Adequate ventilation/extraction must be provided in hot food takeaway premises to
remove steam, cooking odours and grease-laden air. Natural ventilation is insufficient and
an extract duct with a fan and filters is required to ventilate cooking fumes and remove
odours without causing a nuisance to neighbouring properties.
Getting the right ventilation/extraction system can be complex it is recommended that the
applicant contact a specialist contractor who can carry out a ventilation survey and
advise on accordingly.
Minimum ventilation rates





An internal ambient air temperature of 280C maximum
Maximum humidity levels of 70%
Internal noise level should be between NR40 – NR50
Dedicated make up air system to be approximately 85% of the extract flow rate
Minimum air change rate of 40 per hour (bases on canopy and general room
extraction)
Minimum requirements for canopy
Velocity requirements
 Light loading – 0.25 m/s (applies to steaming ovens, boiling pans, bains marie and
stock-pot stoves)


Medium loading – 0.35 m/s (applies to deep fat fryers, bratt pans solid and open top
ranges and griddles)
Heavy loading – 0.5 m/s (applies to chargrills, mesquite and specialist broiler units)
Material of construction

A material that would comply with the food hygiene requirement is stainless steel
Grease filtration
 Have a minimum performance the same as a baffle filter
 Be easy to clean
Ducting
Ducting should be as straight and short as possible, to ensure that fumes are discharged as
effectively as possible. Care should be taken when designing the route of ducting to avoid
proximity to residential or office windows on neighbouring properties which could give rise
to complaints.
Ducting systems should extend to at least one metre higher than the eaves of the property
or 1 metre above the nearest openable window on the property. In some cases ducting
may need to extend to the roof ridge where there are openable rooflights. Ducting should
not be routed through residential rooms.
Ductwork should be fitted with anti-vibration mountings to minimize the vibration caused
by air passing through. Even if you are applying for planning permission only for external
ducting, it is important to remember that vibration from the ductwork inside the building
could also cause a nuisance to adjacent domestic or residential properties, particularly if
ducting is fixed to a ceiling or party wall. Anti-vibration mountings should be used for all
ductwork fixings.
Minimum requirements for ductwork
 All ductwork should be Low Pressure Class ‘A’ and constructed in accordance
with HVCA Specification DW/144 with a minimum thickness of 0.8mm
 Duct should be as follows:
Supply (m/s)
Extract (m/s)
o Mains run
6-8
6-9
o Branch runs
4-6
5-7
o Spigots
3-5
5-7



All internal surfaces of the ductwork should be accessible for cleaning and
inspection. Access panels should be installed at 3.0m centres and should be
grease tight using a heat proof gasket or sealant.
Duct work should not pass thorugh fire barriers
Where it is not possible to immediately discharge the captured air, fire rated
ductwork may be required.
Minimum requirements for Odour Control
Discharge Stack
 The discharge stack should:


1. Discharge the extracted air not less than 1m above the roof ridge of any
building within 20m of the building housing the commercial kitchen
2. If 1. Cannot be complied with for planning reasons, then the extracted air
shall be discharged not less than 1m above the roof eaves or dormer
window of the building housing the commercial kitchen. Additional odour
control measures may be required.
3. If 1. Or 2. Cannot be complied with for planning reasons, then an
exceptionally high level of odour control will be required
Low level discharge is not acceptable.
Use of Chinaman’s hats or other cowls is not recommended.
Filters
Various types of filters will usually be required in order to eliminate grease and odours from
the cooking fumes
Grease filters
Grease filters ensure that grease is removed from the cooking fumes. This helps prevent it
from building up inside the ducting, which can cause hygiene and odour problems, cause
the grease to leak through joints in the ductwork, and pose a fire risk. Grease filters should
be incorporated into the cooker hood and should be easily removable for cleaning before
they become clogged. Proper maintenance of grease filters is essential, as grease
accumulation further up the ventilation ducting can be very difficult to remove. When
fitting grease filters, mesh type filters are preferable to baffle type filters as they are
considered to be more effective.
Carbon and Pre-filters
Carbon filters are also required and are essential when preparing fried foods and/or foods
with strong odours in a food premises close to residential or office properties. Properly
maintained carbon filters can eliminate the majority of odours created when food is
cooked. Carbon filters should be fitted internally to the ductwork, after the grease filters,
and should be positioned so that they can easily be accessed for cleaning.
The carbon filter unit selected should include pre-filters, as these help ensure that no grease
enters the carbon filters themselves. Carbon filters can be ruined by operating the
extraction system without effective removal of grease. This can be very expensive and it is
therefore essential to ensure grease and pre-filters are installed and that they are kept in
good working order and used at all times when cooking.
Achieving suitable dwell time is essential to ensure cooking odours are correctly managed.
It is important that the air being filtered through the carbon filter system remains in contact
with the carbon filter for sufficient time. It should have a low pressure drop (80-100pa) and a
high surface area to improve efficiency. The final choice of fan size will depend on the
required dwell time of a particular carbon filter system. The enclosed table Minimum
Requirements for Odour Control set out the required dwell times.
Electrostatic precipitation
Electrostatic separators (ESP) are used to separate solid or liquid particles from ventilation
air. The particles distributed in the gas are electrostatically charged so that they stick to
collection plates. The Main components of an ESP are the filter housing, discharge and
collecting electrodes, power supply, gas guides or baffles and a rapping system for
cleaning the collecting plates. ESPs can be designed to eliminate extensive quantities of
smoke however the effectiveness of an ESP is limited to removing the grease that adheres
to smoke and should not be considered to be a primary source of odour control. Where
installed, pre-filters should be fitted upstream of the ESP to provide some protection from
large contaminants that may pass through the grease filters. Where an ESP is used to treat
oily fumes the collecting plates can become fouled, rendering them less effective. Weekly
servicing should be the minimum requirement and they should be cleaned immediately as
soon as there is any sign of deterioration in fume control.
In-line oxidation systems
Oxidation using ozone and/or activated oxygen ions has been used to treat odour
emissions from commercial and industrial kitchen processes. Due consideration needs to be
given to the residual ozone that may arise from these systems. Complete degradation of
ozone is unlikely to take place within the duct work and therefore extraction system must
discharge at high level. There will need to be restricted application of these systems in
areas housing multiple commercial kitchens. Such systems are not considered to be a
primary source of odour control.
Odour neutralizing and counteracting agents
There are a number of products on the market claiming that odour emissions can be
‘neutralised’ by the addition of certain components into the air stream. Counteracting
agents are added to the air stream and result in a reduced response to the odour by the
human nose by reducing the perceived intensity. As this type of system does not remove
odour the level of odour removal is likely to be negligible. Again, such systems do not
provide a primary source of odour control.
Minimum Requirements for Odour Control
A suitable vapour barrier must be installed to prevent fugitive odours permeating the
building.
Minimum requirements for Odour Control
Odour arrestment plant performance
Low to medium level control may include:
 Fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.1
second residence time)
High level odour control may include:
 Fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.2 –
0.4 second residence dwell time)
Very high level odour control may include:
 Fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.4 –
0.8 second residence time)
 Fine filtration or ESP followed by carbon filtration and by
counteractant/neutralizing system to achieve the same level of control as 1.
 Double pass ESP followed by carbon filtration (carbon filters rated with a 0.6 – 0.8
second residence time)
 Fine filtration or ESP followed by carbon filtration and by
counteractant/neutralizing system (carbon filters rated with a 0.8 – 1 second
residence time)
Maintenance must be carried out to ensure these performance levels are always
achieved
Charcoal grills and log burning ovens
The City of Newcastle upon Tyne is a smoke control area, which means that it is an offence
to emit smoke from a chimney of a building that is, high level extraction systems. It is also an
offence to use an ‘unauthorised fuel’ unless it is an ‘exempt’ appliance, and, even then, it
must be a specified fuel for that exempt appliance. Whilst you may be able to purchase
suitable fuels for use within a smoke control area, Newcastle City Council does not permit
their use within any food premises.
Currently there is no guidance available as to how the harmful effects, namely carbon
monoxide which can arise from the burning of these fuels can be adequately controlled
under the Health and Safety at Work etc Act 1974. Therefore only gas or electrically operated
equipment is allowed in commercial kitchens.
Applicants are recommended to contact the Commercial Team, Public Safety and
Regulation for further assistance and to consult the DEFRA Guidance on the Control of
Odour and Noise from Commercial Kitchen Exhaust Systems available at
https://www.gov.uk/government/publications/guidance-on-the-control-of-odour-andnoise-from-commercial-kitchen-exhaust
Fans
A fan will be required to pull cooking fumes from the cooker hood to the point of discharge
at roof height. The size of the fan motor must be adequate to ensure proper ventilation,
taking into account the length and design of the ductwork and the filters used. A
ventilation contractor will be able to advise on the appropriate size of fan motor for the
ducting and on the adequacy of air changes.
Fans should be located within the building wherever possible, in order to minimise the
likelihood of fan noise and vibration causing nuisance. If the fan cannot be located
internally, details of the noise levels the fan makes are required. Even with fans located
inside the building, consideration should be given to making sure that any vibration and
noise from the fan will not cause a nuisance to adjacent properties.
Minimum requirements for fans



Fans must be capable of dealing with the operating static pressure within the duct
work and should be designed with a minimum 10% pressure margin
Backward curved centrifugal, mixed flow or axial flow impellers are preferred as
they are less prone to imbalance and are more easily maintained/cleaned due to
their open construction. Fixed or adjustable metal impellers with a robust and
open construction should be used.
Fan motors should be rated to IP55 with no need to mount the motor outside of
the air stream. For fans that have motors within the air stream and are ventilating
cooking equipment that produce high levels of temperature and humidity the
specification for the motor should be upgraded to withstand more onerous
conditions.
Minimum requirements for noise control




For new premises or premises covered by planning conditions restricting the
impact of noise the system should be designed to prevent an acoustic impact on
the external environment and therefore harm to the amenity, as well as ensuring
that noise exposure of kitchen staff does not constitute a hearing hazard.
For existing premises not covered by planning conditions restricting the impact of
noise, the system should be designed to avoid statutory nuisance and should
comply with the principles of Best Practicable Means.
To achieve these objectives the noise control system should include:
o Control of noise at source to the greatest extent possible
o Control of noise to the environment by taking acoustic considerations into
account within the duct, grille and termination design
The control system should meet the requirements laid down in BS4142: 2014
Methods for Rating and Assessing Industrial and Commercial Sound and should
not exceed the existing background noise level as measured or calculated at the
nearest residential property.
Sound insulation
In order to prevent the structural transmission of vibration and regenerated noise within
adjacent or adjoining premises the following is required:

All duckwork must be fitted with anti-vibration couplings or mountings to minimise the
vibration caused by air passing through.

A suitable scheme of insulation is required where residential use and commercial use will
share a separating floor or wall. It is expected the scheme will deliver NR20 within
habitable rooms.
Maintenance
Proprietors of commercial kitchens have a duty to ensure that the ventilation system serving
the respective premises are maintained and operated effectively. Good maintenance is a
prerequisite for ensuring that a system complies with Best Practicable Means under
statutory nuisance provision and will form a key element of any scheme designed to
minimise harm to the amenity under planning regulations. Good maintenance is required
by the food hygiene regulations and will also minimise the risk of fire.
Proprietors of commercial kitchens have a duty to ensure that the ventilation system serving
the respective premises are maintained and operated effectively. Good maintenance is a
prerequisite to ensuring that a system complies with Best Practicable Means under statutory
nuisance provision and will form a key element of any scheme designed to minimize harm
to the amenity under planning regulation. Good maintenance is required by the food
hygiene regulations and will also minimize the risk of fire. The recommended cleaning
period for extract ductwork is:
Recommendations for maintenance of odour control system include:


System employing fine filtration and carbon filtration
o
Change filters every two weeks
o
Change carbon filters every 4 to 6 months
System using ESP and other in line abatement
o
Clean every 2-6 months
Further Information
Consideration must also be given to the visual impact of flues with all planning applications
and care should be taken to locate them where they will not appear prominent. The
council will take into account issues of visual amenity in deciding whether or not a
proposed extraction system is acceptable.
Where practicable, but especially in conservation areas or within the setting of a listed
building, equipment should be installed predominately within the building. Where external
flues are proposed colour-coated flues that complement the existing building materials,
should normally be used.
Where it is intended to reline internal flues or erect an external flue on a property in joint
ownership or involving a party wall, all interested planning n oites for guidance and legal
consent obtained from all of those parties prior to any development work starting on site.
Submission of Planning Application
Details of design, size, siting, acoustic treatment, finish, odour abatement techniques of the
flue extraction system to be installed must be submitted with all applications for hot food
takeaways. Where such details are not submitted the application may be refused on the
grounds of insufficient information.
Appendix 8 Provision of Sanitary Accommodation
Provision of Sanitary Accommodation
When food and/or drink are intended to be consumed in catering premises it is the policy
of this Council, under the provisions of Section 20 of The Local Government (Miscellaneous
Provisions) Act 1976, to require the provision of sanitary accommodation for the public. The
following extract of the Council’s policy for the provision of sanitary accommodation in
‘relevant places’ is provided for the guidance of applicants.
When the main use of the premises is takeaway sales and no more than 10 seats are
provided for brief use this requirement may be waived.
Appendix 9 Starting a New Food Business
Starting a New Food Business
The Newcastle City Council website offers useful advice to applicants to assist
understanding of the legal responsibilities involved and how to get off to a good start.
Guidance is available http://www.newcastle.gov.uk/business/licences-andpermits/business-charity-and-street-trading-licences/starting-a-new-food-business.
All food businesses are legally required to register the business with this Authority 28 days
before starting to trade. There is no fee for registration it simply involves completing a form
online. Public Safety and Regulation is able to offer advice regarding design of catering
premises, correct food handling techniques, food hygiene training and food safety hazard
analysis.