APPLIC REF NO 2015/220/ST
DATE RECEIVED
22/04/2015
CASE OFFICER
Paula Money
DATE OF EXPIRY
17/06/2015
WARD
Newgate
WARD COUNCILLOR
Cllr Andy Sissons
APPLICANT
MR ROBERT MORRIS
LOCATION AND DESCRIPTION OF PROPOSAL
------------------------------------------------------------------------------------------------------------SHOP 4 33 PECKS HILL MANSFIELD NG18 2NS
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
------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS
DESCRIPTION OF PROPOSAL AND APPLICATION SITE
The application has been referred to the Planning Committee on the grounds
that more than three objections have been received to the proposal.
The application proposes the change of use of an A1 Retail unit previously
utilised as a hairdressers and an attached dwelling to an A5 hot food
takeaway to the ground floor with ancillary residential accommodation to the
ground and first floor. The proposed ancillary residential accommodation is
intended to be occupied by an employee of the hot food takeaway. The
application also proposes the installation of an extraction flue to the rear
elevation of the property.
The site is located within a row of retail units identified as the Pecks Hill
Neighbourhood Parade within the 1998 Local Plan Proposals Map. 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 including 3
parking spaces directly to the frontage of the shop unit. The Applicants Agent
has stated that the car park is a communal parking area for the parade of
shops and the parking spaces are not delineated. Access is also gained to
the rear of the property via a private driveway off Francis Street. This leads
onto a single detached garage and a separate access gate with hard standing
accommodating 1 parking space.
The hot food take away is proposed to be operated between the hours of
9.00am-11pm Monday-Thursday, 9.00am-11.30pm on a Friday and Saturday
and 4pm-10.30pm on a Sunday.
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.
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.
Police Architectural Liaison Officer
Crime and disorder in the direct area is relatively low. From a policing
prospective there are no concerns for this proposal to progress.
Environmental Health
An assessment has been undertaken and a condition is proposed regarding
the delivery of materials and hours of working during the construction period.
With regards to any potential noise nuisance in the immediate vicinity of
Pecks Hill, we require the premises to be closed by 2300 hours Monday to
Saturday in line with other premises in the vicinity and Sunday opening until
2230 hours. An Advisory Note is recommended regarding the applicant’s duty
to maintain design and install a ventilation system to prevent odour nuisance.
Nottinghamshire County Council Highways
No objections
Members of the public
7 letters of objection have been received from the occupiers of 6 Little Carter
Lane, 13 Little Carter Lane, Shop 1 Pecks Hill, Shop 3 Pecks Hill, Shop 5
Pecks Hill, Flat above 35 Pecks Hill, 46 Pecks Hill. These objections can be
summarised as follows:
-
-
Concerns with regards to noise and people gathered around the shop
after closing.
Concerns with noise pollution as all shops are closed by 9pm. If
approved there would be more comings and goings particularly after
the public houses have closed causing antisocial behaviour and
rowdiness.
Present issue with people gathering in the area in the evenings,
drinking alcohol and leaving litter would be enhanced.
Increased evening activity raises concerns regarding the security of
their property especially as we have already been broken into.
Concerns with litter. The type of clients and opening hours will tend to
leave litter on the floor.
Litter is already an issues being blown over onto neighbouring front
and back gardens and this would be made worse.
Concerns with later opening hours.
This is a residential area and is occupied by flats above the shops.
5 takeaways listed within the area therefore this will not benefit the
surrounding shops or local community.
Concern with a security threat to the other shop fronts as they are
closed in the evening.
Ancillary support will lead to longer opening hours and traffic & parking.
More noise and congestion of a busy junction of Pecks Hill and Little
Carter Lane.
Concerns regarding the parking issue for adjacent shops and their
customers.
Concerns of the effects on adjacent businesses.
Concern with impact on residential amenity of the flue in terms of noise
and smells which is located in close proximity to the adjacent
properties outdoor amenity space.
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 DPS1 – This policy meet the needs of the District whilst
protecting and enhancing the environmental attributes and progressing
towards a sustainable pattern of development.
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.
2.
3.
4.
5.
The principle of development
The impact upon residential amenity
The impact upon highway safety
Crime and disorder
Other matters
Principle of development
The site is located within the defined urban boundary and within a parade of
shops identified as the Pecks Hill Neighbourhood Parade within the 1998
Adopted Local Plan. 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.
Saved Policy R4 states that within Neighbourhood Parades, planning
permission will be granted A1, A2 for A3 uses where they would sustain and
enhance the vitality and viability of the parade. At the time when the Local
Plan was Adopted, A3 uses included A5 Hot Food Takeaways. The principle
therefore of approving a hot food takeaway within this identified
Neighbourhood Parade is in accordance with Saved Policy R4 and therefore
is acceptable where it would sustain and enhance the vitality and viability of
the parade.
Section 1 of the NPPF relates to building a strong and competitive economy
and paragraph 18 identifies that the Government is committed to securing
economic growth in order to create jobs and prosperity, building on the
country’s inherent strengths. 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.
In view of the above, it is considered that the proposal to change the use of
this application property from an A1 retail unit to an A5 Hot Food Takeaway is
acceptable and fully in accordance with the NPPF and Saved Policy R4 of the
1998 Adopted Local Plan and the principle of development is therefore
acceptable.
Impact upon residential amenity
A number of objections have been received from neighbouring occupiers
objecting to the application on the grounds that the proposed use would have
a detrimental impact upon the residential amenity in terms of noise and
disturbance. The issues raised relate to the impact of the use particularly in
the evenings and the impact of the rear extraction flue in terms of noise and
odour.
The application site is located on a parade of shops which incorporates
residential properties above the retail units and is located within a primarily
residential area. In 2004 a planning application for the change of use of Shop
3 to a hot food takeaway, reference 2004/0519/ET, was refused on the
grounds that the proposal would create issues with the potential noise and
disturbance that would arise from people utilising the premises, particularly
late at night.
In 2004 the Principal Environmental Health Officer objected to the application
on the grounds of the likelihood of increased noise and prior to the submission
of this application, a number of complaints had been received concerning
noise from activities at Shop 5. Shop 5 consists of a convenience store and it
is understood that the premise is open 7am-9pm with a Licence until 11pm.
Therefore there is an existing level of activity within the parade into the
evenings.
Furthermore, Shop 3 is presently operating as a coffee shop and sandwich
bar selling both hot and cold food. Although such use is presently
unauthorised, this unit has been operating since 2012. The Environmental
Health Department have not objected to the current planning application and
they have confirmed that in recent years there have been no recent
complaints about the Pecks Hill Parade with regards to noise or odours.
Subject to the imposition of conditions restricting the opening hours and the
hours of construction, Environmental Health have no objections to the
application.
Objection has also been received with regards to the impact of the proposed
flue and extraction system on the residential amenities of the adjoining
residential properties. An external flue is proposed to be located 2.8m from
the common side boundary with Shop 5. The adjacent unit incorporates
residential accommodation to the first floor including a first floor level balcony
over a single storey flat roofed extension which serves as the properties
amenity space.
The Ventilation and Extraction Statement identifies that any potential noise
from the proposed system will be controlled. Odour will also be controlled and
an Odour Neutraliser is to be added to the system which is designed to
neutralise odour-laden air from the duct. In terms of the impact of the flue,
Environmental Health have confirmed that if the system is found to be causing
an odour nuisance at any point, the Environmental Health Department will
require suitable modification works to be carried out and an abatement notice
maybe served. An advisory note to this effect is recommended to be attached
to any approval.
In conclusion to the above, with no objection being raised by Environmental
Health and with the ability of this department to control noise and odour from
the extraction flue should this become an issue once operational there is no
grounds for refusing the application on the grounds of noise and disturbance.
There is presently a level of activity within the parade in the evenings created
by the operation of the adjacent convenience store with a potential of
operating up to 11pm. Accordingly, the application as submitted is considered
to be in accordance with criterion 2 and 4 of Saved Policy R7 and is therefore
is acceptable in this regards.
Highway consideration
The application submissions identifies that there are 5 parking spaces
available to serve the development. There is a forecourt to the frontage of the
premises which provides 18 parking spaces serving the parade of shops
including 3 parking spaces directly to the frontage of the shop unit subject to
this application. The Applicants Agent has stated that the car park is a
communal parking area for the parade of shops and the parking spaces are
not delineated. Access is also gained to the rear of the property via a private
driveway off Francis Street which leads onto a single detached garage and an
access gate with hard standing accommodating 1 parking space.
Nottinghamshire County Highway have no objection to the application and the
parking provision is fully in accordance with the Draft IPG for Parking in New
Developments. There are therefore no highway concerns with the application.
Crime and disorder
Nearby residents have raised concerns regarding the potential of the
proposed development to increase crime and disorder in the area and
concerns are raised with regards to concerns for general drunken behaviour.
Concern is also raised with regards to the potential increase in groups
gathering and drinking alcohol within the vicinity. Nottinghamshire Police
Architectural Liaison Officer has raised no concerns regarding the proposed
use and has stated that crime and disorder in the direct area is presently
relatively low. Accordingly they have no concerns with the proposal to be
approved in this regards.
Other issues
A number of the concerns related to the potential for an increase in litter.
There are a number of public waste bins within the area of the shopping
parade. Furthermore, an amended plan identifies that a metal waste bin is to
be attached to the front elevation of the building. The trade waste will be
disposed of via the provision of appropriate bin storage within the rear yard
area. Accordingly it is considered that there is an appropriate level of
provision for the collection of waste.
A number of concerns have been raised with regards to the need for a hot
food takeaway. It is considered that the need for another takeaway is not a
material planning consideration and accordingly has been given no weight in
the determination of this application.
CONCLUSION
In conclusion, the proposal is considered to be in accordance with Saved
Policies DPS2, BE1, M16, R4 and R7 of the Adopted Mansfield District Local
Plan (1998) and the advice contained within Sections 1 and 4 of the National
Planning Policy Framework. It is considered that the proposed development
would be acceptable in principle, would not have a detrimental impact upon
the residential amenity of the occupiers of neighbouring dwellings and would
not cause a detriment to highway safety. There are no other material
considerations which indicate that a decision should be taken at variance with
these policies or guidance. It is therefore recommended that it is resolved to
grant full planning permission subject to conditions
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:
1:500 Site Location Plan received on 22nd April 2015
Proposed scheme and survey of existing premises drawing no. 2611/15/01a
received on 19th May 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.
(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.
Positive and Proactive Statement
The Local Planning Authority has worked positively and proactively with the
applicant through the application process to seek solutions to the noise, odour
and littering issues.