1.
Site Description
1.1
Holme Lane Bakery is located at the junction of Holme Lane and Bridge Road at
Sutton. The main building is two storeys in height and a single storey extension has
been constructed on the northern side between the original building and Bridge
Road. The original building is at the northern end of a terrace of buildings of mixed
residential and commercial use. There are a further four dwellings in the vicinity of
the site for the proposal located on the opposite side of Bridge Road, and Sutton
County Primary School lies immediately to the south east.
2.
Proposal
2.1
The proposal seeks the removal of condition no 1 of consent no 66/2003/2055 and
an amendment to condition no 4 of the same consent to allow opening hours to be
amended and extended; and the formation of a flat at first floor level.
3.
Planning History
3.1
5/66/526/A – Extension to Bakery – approved in 1997.
3.2
5/66/526/B – Extension to existing bakery – refused 1999 – appeal allowed.
3.3
66/2000/490 – Change of use of part of front part of Bakery to allow consumption of
hot and cold food on the premises – refused July 2000 – appeal allowed but
restricted consumption on the premises to cold food only.
3.4
66/2002/2055 – Change of use of Bakery to Shop for the sale of hot food and use of
part of ground floor area for consumption of food and drink on the premises. ( This
application was made to allow a new operator to occupy the premises for the
purposes applied for).
4.
Planning Policy Background
4.1
Adopted Craven Local Plan Policy R6 – “Food and Drink”; R4 – “Upper Floor Use”.
5.
Parish/Town Council Comments
5.1
Sutton Parish Council has not commented on this application at the time of writing
this report.
6.
Consultations
6.1
Highway Authority – recommend refusal because the proposal will intensify the
useage of the premises. They refer to their previous consultation responses where
refusal has been recommended on grounds of lack of on-site parking space and the
additional conflict of traffic movements close to a junction which has restricted
visibility and suffers from existing congestion. The Highway Authority are maintaining
this standpoint notwithstanding previous approvals on the site, including the appeal
decisions.
7.
Representations
7.1
A letter has been received from South Craven Baptist Church in connection with the
proposal making the following points :-
7.2
The following observations are based on our experiences of a few years ago when a
similar business operated on the hours being proposed.
7.3
1. General nuisance was caused by the presence of youths meeting until well into the
evening. Our grounds were regularly used as toilets, and it often happened that after
our meetings had started, unauthorised entry to the building was made to use the
Church Toilets. On several occasions items of food were taken from the church
refrigerator kept in the kitchen. Also we incurred extra expense repairing damage
such as broken double glazed windows, signs, fall pipes and grafitti.
7.4
2.We experienced problems with cars using our car park at all hours causing
inconvenience and danger to our members, many who are elderly, and also children.
Engine noise, door slamming and spin turns were happening regularly up to closing
time of the business, creating nuisance to the occupiers of the house on our grounds.
7.5
3. We also had problems with litter. Cartons, cans, food and numerous bottles were
deposited on a regular basis over the boundary wall and onto our lawns which
caused problems to the maintenance of the grass and to the young children of the
playgroup and Girl’s Brigade who use the lawns.
7.6
In the Deacons view the absence of parking, and the dangerous location near the
bridge, a road junction, and school make it an unsuitable location to operate a
business relying partly on off-sales.
7.7
We would respectfully suggest that in the interests of public order and community
well being no extension to opening hours be granted. Initially we supported this
venture as a bakery and tea shop which offered a welcome facility to the village. A
late night take-away is quite a different proposition and one which we cannot support.
8.
Summary of Principal Planning Issues
8.1
The main issues are considered to be whether or not it is necessary to make the
proposal personal to the applicant, as in the case of the previous applications,
whether or not the present restriction on opening hours could be extended, and
whether or not the proposed flat would be acceptable.
9.
Analysis
9.1
The previous consents for proposals for the use of the building as a shop for the sale
of hot food, and consumption of food on a small part of the ground floor area have
been made personal to the applicants along with an opening hours restriction.
9.2
The present hours of operation specified by condition no 4 of planning consent
no 66/2002/2055 are as follows :-
9.3
10am to 9pm Monday to Saturday and no sales of hot food to take place from the
premises at any time on any Sunday.
9.4
The hours of operation for which permission is sought are as follows:-
9.5
Monday to Thursday 8am to 10 pm.
9.6
Friday and Saturday 8am to 11-45pm.
9.7
Sunday 5pm to 10pm (winter), and Noon to 10pm (Summer)
9.8
There would appear to be no good reason to continue to apply the personal consent
restriction to the premises as it gives no particular benefit to the Council in terms of
control of the business operations. It also appears from the representations that the
problems which have been experienced by the Baptist Church are Police matters and
not something for which Holme Lane Bakery should be penalised.
9.9
It is also considered that the proposed extension to the opening hours should be
allowed for a temporary period of 12 months after which time the proposal could be
reviewed in the light of any environmental nuisance problems which may occur. ie
undue nuisance from noise and smells associated with the proposal itself. The
Applicants do not define the summer and winter periods for Sunday opening but it is
considered reasonable to allow 12 noon to 10pm on Sundays all year round.
9.10
It is considered that the provision of a one bedroom flat at first floor level within the
premises would be acceptable provided that the occupancy was restricted to the
proprietors of the business to avoid conflict between the business use and the
residential use of the premises. It would also ensure that no unnecessary additional
on street car parking occurred because it is likely that parking would be required for
staff in any case.
10.
Recommendation
10.1
That the present proposal is not made personal to the applicants, and that the
proposed opening hours, including 12noon to 10 pm on Sundays be allowed for a
temporary period of 12 months to allow the Committee to review any consequences
resulting from the extension of the opening hours.
11.
Summary of Conditions
11.1
The extended opening hours to be approved for a temporary period of 12 months
and the occupancy of the proposed flat to be restricted to the proprietors of the
business taking place on the premises.
11.2
Actual conditions.
11.3
Condition number 4 of consent number 66/2002/2055 is hereby amended as follows:-
11.4
The development hereby approved shall operate for the sale of hot food only
between the following hours :-
11.5
Monday to Thursday 8am to 10pm,
11.6
Friday to Saturday 8am to 11-45pm
11.7
Sundays 12noon to 10pm.
11.8
The above hours of operation are permitted for a temporary period expiring on the 1 st
June 2004 and at or before the expiry of this temporary period the hours of operation
shall revert to those previously specified in condition no.4 of consent no..
11.9
66/2002/2055 unless otherwise agreed in writing with the DPA under part 3 of the
Town and Country Planning Act 1990.
11.10
Reason.
11.11
The DPA wishes to reserve the right to review the extended hours of operation after
12 months and to consider any problems which may have arisen.
11.12
The first floor flat hereby approved shall only be occupied by the proprietors of the
business taking place on the premises to which this application relates.
11.13
Reason.
11.14
The DPA considers that Occupants unconnected with the business would be likely to
suffer nuisance from the commercial operations.