APPLIC REF NO 2015/283/ST
DATE RECEIVED
18/05/2015
CASE OFFICER
Peter Mansbridge
DATE OF EXPIRY
13/07/2015
WARD
Newgate
WARD COUNCILLOR
Cllr Andy Sissons
APPLICANT
MR JASVIR BADWAL
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------SHOP 5 35 PECKS HILL MANSFIELD NG18 2NS
TWO STOREY SIDE EXTENSION TO PROVIDE A HOT FOOD
TAKEAWAY (USE CLASS A5) AT GROUND FLOOR AND
EXTENSION TO EXISTING LIVING ACCOMMODATION AT
FIRST FLOOR
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
The application has been referred to planning committee to ensure that the
decision making process is consistent with that of planning application
2015/0220/ST, a proposed hot food takeaway at Shop 4, 33 Pecks Hill, which
was determined at Planning Committee last month.
The application proposes a two storey side extension to Shop 5, 33 Pecks
Hill, to provide an additional unit at ground floor level intended for occupation
by a hot food takeaway (Use Class A5) and occupied at first floor level by an
extension to existing living accommodation above Shop 5. The site of the
proposed extension is currently occupied by a flat roofed single storey
structure. The proposed two storey side extension would have a width of 8.7
metres extending up to the common boundary with 1 Sherwood Hall Road, a
residential property.
The site is located within a row of retail units identified as the Pecks Hill
Neighbourhood Parade within the 1998 Local Plan. This neighbourhood
parade incorporates 6 retail units.
There is a forecourt to the frontage of the premises which provides
approximately 18 parking spaces serving the parade of shops. The car park
is a communal parking area for the parade of shops and the parking spaces
are not delineated.
RELEVANT SITE HISTORY
There are no relevant planning applications relating to the application site.
However, there are relevant planning applications relating to the adjacent
retail units.
2015/0220/ST – Change of Use from A1 (Retail) and C3 (Residential) to A5
(Hot Food Takeaway) and ancillary residential accommodation and
installation of extraction flue to rear elevation – Planning Permission granted.
2004/0519/ET – In 2004 a planning application for a change of use of Shop 3
to a hot food takeaway was refused on the grounds that the proposal would
create the potential for noise and disturbance that would arise from people
utilising the premises, particularly late at night, and the close proximity of
residential properties. Furthermore the proposals would be detrimental to the
reasonable amenities of residential occupiers in the locality by reason of
increased noise, litter and other nuisance, including increased vehicles
movements outside of normal working hours.
2004/1007/ET – In 1999 a planning application was approved for the change
of use of Shop 1 into a sandwich business and office. This was subject to a
number of conditions restricting the consumption of food on the premises, the
sale of hot food and only to be used the preparation, distribution and retail of
sandwiches. In 2004 an application was submitted to amend these conditions
to allow the sale of hot/cold food to be sold and consumed between the hours
of 08.00-14.30 on any day. This was approved and the Officers delegated
report identified that due to the limited hours of opening and low key activities
currently being undertaken at the site, they were of the opinion that the
residential amenities of the nearby residents would not be reduced. This was
viewed as being different to the situation at No. 3, due to the low key
operation during the morning and afternoon as opposed to early evening.
OBSERVATIONS RECEIVED
Throughout this report observations received in respect of each application
are presented in summary form. The full letters and consultation responses
received, including details of any non-material planning observations, are
available for inspection both prior to and at the meeting.
Anyone wishing to make further comments in relation to the application must
ensure these are received by the Council by 12 noon on the last working day
before the date of the Committee.
1. Environmental Health
No objection subject to conditions
2. Nottinghamshire County Council Highways
No objection.
3. Police Architectural Liaison Officer
No response received. No objection to recent application at Shop 4, 33 Pecks
Hill.
Any response received will be reported verbally at the planning
committee meeting.
4. Members of the public
3 letters of objection have been received from the occupiers of 4 Little Carter
Lane, Shop 3, Pecks Hill and from an unidentified occupier of Little Carter
Lane.
These objections can be summarised as follows:
-
Increase in litter
Concern regarding potential late night disturbance caused by cars /
customers visiting premise.
Already several takeaways in area – proposal would add to an
excessive concentration.
Increase in on street parking in vicinity.
Concern about cooking smells
Concern about bright signage
Concern about takeaway increasing levels of anti social behaviour
POLICY & GUIDANCE
National Planning Policy Framework 2012
Section 1 – Building a strong, competitive economy
Section 4 – Promoting sustainable transport
Mansfield District Local Plan 1998 Saved Policies (28/09/07)
Saved Policy DPS2 – This policy aims to ensure development is concentrated
in the most sustainable locations.
Saved Policy BE1 – This policy aims to ensure developments achieve a high
standard of design.
Saved Policy M16 – This policy sets out the criteria that new developments
need to meet in relation to the highway network.
Saved Policy R4 – This policy identifies the uses permitted within a
Neighbourhood Parade where they would sustain and enhance the vitality and
viability of the parade. Pecks Hill Neighbourhood Parade is identified as R4(I).
Saved Policy R7 – This policy sets of the criteria that retail developments
must comply with in order to ensure that the development is acceptable.
Other guidance
Mansfield District Council Draft Interim Planning Guidance Note 10 – Parking
for New Developments
ISSUES
The key issues in respect of this application are as follows:1. The principle of development
2. The impact of the proposed A5 use upon the character of the
surrounding area
3. The impacts of the proposed extension upon visual and residential
amenity
4. The impact upon highway safety
5. Other matters
1. Principle of development
The proposed would add a unit to the defined Pecks Hill Neighbourhood
Parade.
Saved Policy R4 of the Local Plan relates to development within a
neighbourhood parade and the preamble to the policy identifies that the
District Council will adopt all measures it considers necessary to ensure that
the vitality and viability of the parade is maintained. The proposal would add
an additional commercial unit to the neighbourhood parade and would sustain
and enhance the vitality and viability of the parade.
Additionally, the principle of the proposal is supported by guidance contained
within Section 1 of the NPPF relating to the building of a strong and
competitive economy. The application proposes the operation of a business
that is intended to create 3 full time jobs and assists in the economic
sustainability of the local economy and job creation.
2. The impact of the proposed A5 use upon the character of the surrounding
area
When considering the impact of the proposed use upon the character of the
surrounding area, it is first important to define the existing character of the
Pecks Hill Neighbourhood Parade. There are currently six commercial units
within the Pecks Hill Neighbourhood Parade. These are currently occupied by
a range of predominately daytime retail and commercial uses comprising a
florist, a hair salon, an estate agent office, a coffee shop / sandwich bar and a
‘Costcutter’ convenience store. The ‘Costcutter’ store is open until 21.00. It
should be noted that the 21.00 closure time of the ‘Costcutter’ store is a
commercial decision by the retailer rather than the closure being required by a
planning condition. Shop 4 is a former barber shop with consent for a hot
food takeaway with opening permitted until 23.00 Monday to Saturday and
until 22.30 on Sunday. At the time of writing this consent has not been
implemented. Accordingly it can be assumed that the current character of the
neighbourhood parade is such that there would be very limited activity within
the vicinity of the parade after the closure of the ‘Costcutter’ convenience
store at 21.00.
The consent for an A5 use at shop 4 has not been implemented at the time of
writing and there is no guarantee that it ever will be, however it can assumed
that on the balance of probability that the consent will be implemented
imminently. Therefore, were consent to be granted for the current proposal,
within a relatively short period of time the character of the area after 21.00
would change significantly from having little activity to a situation where the
parade contains two hot food takeaways open until 23.00 (22.30 on Sundays).
(It is noted that the submitted application forms state that the opening hours of
the proposed food takeaway would be until 22.00. However, in order to be
consistent with the opening hours permitted at the hot food takeaway granted
at shop 4, and to ensure a pragmatic approach in order to minimise the need
for future applications to vary operating hours, were consent to be granted for
this application, it would be done so on the basis of operating hours until
23.00 (22.30 on Sundays)).
Having ascertained that the proposal (and the operation of the recently
approved hot food takeaway at Shop 4) would materially alter the character of
the neighbourhood parade after 21.00, it is now necessary to assess the level
of harm to residential amenity caused by the material alteration in the
character of the neighbourhood parade in the evening. The defined Pecks Hill
Neighbourhood Parade comprises, what is understood to be, a purpose built
shopping parade. As such, the commercial units are spatially distinct from the
surrounding residential development.
There are residential properties
opposite the parade. However, the road is much wider than would be typically
expected due to the acute angled junction between Pecks Hill and Little
Carter Lane / Sherwood Hall Road. The residential properties opposite are
therefore located 35 metres away from the frontage of the shopping parade.
The parade is positioned at a fairly major road junction and as such noise and
activity created by passing traffic would mean that the impacts upon
residential amenity of the hot food takeaway would be lessened compared
with a more lightly trafficked location.
The most sensitive relationship is that between the proposed hot food
takeaway and the existing residential property at 1 Sherwood Hall Road. The
proposed unit would be extending up to the common boundary with 1
Sherwood Hall Road, taking commercial development within closer proximity
of the residential property. The residential property is angled away from the
shopping parade and is set off the side boundary of the site by 6 metres.
Due to the spatial relationship between 1 Sherwood Hall Road and the
proposed extension including the 6 metre separation distance between the
common boundary and the side elevation of the property, I am satisfied that
the proposed hot food takeaway would not result in a significantly harmful
reduction in residential amenity for the occupier of 1 Sherwood Hall Road.
There are residential occupiers at first floor level above the shopping parade.
A condition requiring the proposal to close at 2300 is considered appropriate
and consistent with the previous consent for a hot food takeaway at shop 4, to
prevent late night activity (after 23.00) harming the amenity of the occupiers of
those first floor flats. Additionally, careful consideration would have to be
given to the positioning of the extraction system to ensure that odours etc are
directed away from residential properties. I consider that there is scope to
install a vertical flue which would extend above the eaves height of the
property to ensure that odours are discharged above from the rear elevation
of the shopping parade.
Whilst the proposed use (in combination with the approved hot food takeaway
at shop 4) will materially alter the existing character of the shopping parade in
the evening, for the reasons outlined above I do not consider that the
alteration in the character of the shopping parade would have a detrimental
impact upon the character of the wider area or result in undue noise and
disturbance to the adjacent residential occupiers. I consider that the proposal
accords with Saved Policy R7 [28/09/2007] of the adopted Mansfield District
Local Plan.
3. The impacts of the proposed extension upon visual and residential
amenity
The key issue here is the impact of the extension upon visual and residential
amenity.
The design of the proposed extension, including the use of a
hipped roof, is considered acceptable and would be in keeping with the design
and appearance of the overall shopping parade. The use of a hipped roof
would also minimise the impact of the structure upon the adjacent residential
property at 1 Sherwood Hall Road. The proposed extension is considered to
accord with Saved Policy BE1 [28/09/2007] of the adopted Mansfield District
Local Plan. The extension would not have a harmful impact upon the visual
amenity of the surrounding area or the residential amenities of adjacent
residential occupiers in terms of loss of light, loss of privacy or overbearing.
4. The impact upon highway safety
Nottinghamshire County Council as highways authority has raised no
objection to the proposal. Whilst an additional commercial unit within the
parade is proposed there would be no reduction in current parking provision.
The forecourt to the frontage of the shopping parade provides 18 parking
spaces. The hot food takeaway would be serving the local community within
close proximity to the application site and therefore it is likely that a significant
proportion of trips to the takeaway would be on foot. Additionally, the hot
food takeaway is likely to be busiest in the evening at a time when other
businesses within the parade are closed, reducing collective demand for
parking spaces. The proposal is considered to accord with Saved Policy M16
[28/09/2007] of the adopted Mansfield District Local Plan and is not
considered to have a harmful impact upon highway safety
5. Other Matters
An issue raised in the objection letters received is a concern that the
proposed takeaway would increase anti-social behaviour in the surrounding
area.
At the time of writing, no response has been received from the
Nottinghamshire Police Architectural Liaison Officer. The police did respond
in April 2015 to the recent application for a hot food takeaway at Shop 4,
Pecks Hill and raised no objection to that proposal, adding that crime and
disorder in the surrounding area is relatively low. In view of the lack of an
objection from the police and the recent granting of consent for a hot food
takeaway at Shop 4, Pecks Hill, in this instance, I am only able to give this
concern limited weight.
A further concern raised in an objection letter received is a concern that the
proposal would lead to an increase in litter in the area. The Council’s
Environmental Health section has requested a Litter and Waste Management
Scheme and this will controlled by condition to ensure that the proposal does
not lead to an unacceptable increase in litter.
Concern has been raised about the potential impacts of bright illuminated
signage. The signage shown on the proposed elevation plan is indicative
only.
Illuminated signage would require an application for advertisement
consent and as such the impacts of the illuminated signage upon visual
amenity and public safety would be assessed by the Local Planning Authority.
CONCLUSION
At a strategic level, the application site is located within a defined and long
established retail location providing shops and services for the local
community. A hot food takeaway is offering a service to the local community
and therefore a defined neighbourhood parade is considered to be a logical
and appropriate location for such a use. The proposed extension to the
shopping parade to provide an additional commercial unit is supported by
Saved Policy R4 [28/09/2007] of the adopted Mansfield District Local Plan as
the proposal would enhance the vitality and viability of the defined
neighbourhood parade.
At a site specific level, it is acknowledged that the proposal in conjunction with
the impact of an approved hot food takeaway at Shop 4, Pecks Hill, would
alter the character of the shopping parade after 21.00, however the spatial
character of the area is such that the proposal would not be detrimental to the
character of the wider area and would not cause undue noise and disturbance
to residential occupiers in the vicinity of the site and as such would accord
with Saved Policy R7 [28/09/2007] of the adopted Mansfield District Local
Plan. The physical extension would not be visually harmful to the appearance
of the shopping parade, or the surrounding street scene, or the residential
amenities of the occupier of 1 Sherwood Hall Road and as such the proposal
is considered to accord with Saved Policy BE1 [28/09/2007] of the adopted
Mansfield District Local Plan. The proposal would not have a materially
harmful impact upon highway safety and is considered to accord with Saved
Policy M16 [28/09/2007] of the adopted Mansfield District Local Plan. It is
recommended that planning permission be granted.
RECOMMENDED CONDITIONS/REASONS/NOTES
(1) Condition: The development hereby permitted shall be begun before the
expiration of three years from the date of this permission.
(1) Reason: In accordance with Section 91(1) of the Town and Country
Planning Act 1990, as amended by S51(1) of the Planning and Compulsory
Purchase Act 2004.
(2) Condition: This permission shall be read in accordance with the submitted
application and the following plans:
Existing Floor Plans Drawing No. 14324.01 received 18/05/2015
Existing Elevations / Site Plan Drawing No. 14324.02 received 18/05/2015
Proposed Floor Plans Drawing No 14324.03 received 18/05/2015
Site Location Plan, Block Plan and Proposed Elevations Drawing No.
14324.04 received 18/05/2015
The development shall thereafter be undertaken in accordance with these
plans unless otherwise agreed by the Local Planning Authority.
(2) Reason: To define the permission, for the avoidance of doubt.
(3) Condition: The hours of work during construction and the delivery of
materials to the site shall be restricted to 0800-1800 Monday to Friday and
080-1300 hours Saturdays with no working on Sundays or Bank Holidays.
(3) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy BE1 & R7 (28/09/07) of the
adopted Mansfield District Local Plan.
(4) Condition: The use of the hereby permitted development for A5 use shall
only take place during the following hours 0900 - 2300 hours Monday to
Saturday and 1600-22.30 hours on a Sunday.
(4) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy BE1 & R7 (28/09/07) of the
adopted Mansfield District Local Plan.
(5) Condition: No development shall commence until such time as a litter and
waste management scheme has been submitted to and approved in writing by
the Local Planning Authority. The approved scheme shall be implemented in
its entirety on commencement of the use and maintained in perpetuity.
(5) Reason: In the interest of the amenity of the surrounding area.
(6) Condition: No development shall commence until details of the extraction
and ventilation system has been submitted to and approved in writing by the
Local Planning Authority. The approved details shall be implemented prior to
the commencement of use and maintained in perpetuity in accordance with
the approved details.
(6) Reason: In the interests of the reasonable residential amenity of adjoining
occupiers, in accordance with Saved Policy BE1 & R7 (28/09/07) of the
adopted Mansfield District Local Plan.
(7) Condition: No development shall commence until details of the proposed
external facing materials to be used have been submitted to and approved in
writing by the Local Planning Authority. The development thereafter shall be
undertaken in accordance with the approved details.
(7) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(8) Condition: No development shall commence until details of the proposed
roofing material to be used have been submitted to and approved in writing by
the Local Planning Authority. The development thereafter shall be undertaken
in accordance with the approved details.
(8) Reason: In the interests of visual amenity and to accord with Saved Policy
BE1 (28/09/07) of the adopted Mansfield District Local Plan.
(1) Note to Applicant
It is the duty of the applicant to design, install and maintain the ventilation
system to prevent an odour nuisance. Adequate measures must be taken to
prevent nuisance due to odours passing through windows, floors or walls etc.
into adjoining properties.
It is strongly recommended that the ventilation system is designed, installed
and maintained by a competent ventilation engineer.
It is strongly recommended that the ventilation system includes the following:1.
A canopy of adequate size, sited over the cooking appliances,
2.
Washable or disposable grease filters. Additional odour-reducing filters
will be needed in some circumstances.
3.
A fan of adequate capacity capable of achieving 20/30 air changes per
hour in the kitchen area, connected to a variable fan speed control
switch is provided
4.
Ducting to convey cooking fumes and steam to a suitable point for
adequate dispersal into the atmosphere. A cap and or cowl at the point
of discharge should therefore not be provided.
5.
Permanent make up air facilities which are fitted with back-draught
shutters, are insect proof and are sited to ensure efficient circulation of
air into the kitchen
6.
The ventilation system shall be designed to provide for fumes to be
discharged not less than one metre above the roof ridge level of the
premises or adjoining buildings.
7.
The ventilation system must be maintained by a competent ventilation
engineer, to include regular cleaning or changing of any filters and
sufficient access points to enable periodic cleaning of the system are
provided.
8.
The ventilation and extract system should include an Odour Neutraliser
to avoid any perceived potential issues of odour nuisance.
The onus for ensuring that the system does not cause odour nuisance rests
with the applicant. If the system is found to be causing an odour nuisance at
any point, then this department will require suitable modification works to be
carried out and an abatement notice may be served.
Statement of Proactive Working
The proposal was acceptable as submitted, subject to conditions, and
therefore the Local Planning Authority was not required to work positively and
proactively with the applicant.