Interim Policy Advice 9
DEVELOPMENT CONTROL POLICY ON HOT FOOD
TAKEAWAY SHOPS
Gateshead UDP: Re-Deposit Draft Replacement Plan
March 2006
IPA9: Development Control Policy on Hot Food Takeaway Shops
PREFACE
This document is one of a series of Interim Policy Advice (IPA) which is being
made available for comment in association with the Gateshead's Re-Deposit
Draft Replacement Unitary Development Plan (UDP). It emerges from the (UDP)
and is intended to clarify and amplify policies contained in it.
The IPA documents were originally produced as Draft Supplementary Planning
Guidance (SPG) in support of the first Deposit Draft UDP. However, following
changes to the development plan system emanating from the Planning and
Compulsory Purchase Act 2004, the production of SPGs is no longer possible.
Where appropriate, comments that were made in response to draft SPG have
been incorporated into the IPA. Whilst not having the statutory status of SPG,
the IPS documents are adopted Council Policy, and are material considerations
in determining planning applications.
If you would like any further information or assistance with IPA, or to purchase
further copies, please contact the Spatial Strategy Team at the following
address or by telephone on 0191 433 3000:
Spatial Strategy Team
Planning and Environmental Strategy
Development and Enterprise
Gateshead Council
Civic Centre
Gateshead
NE8 1HH
Gateshead UDP Re-deposit Replacement Plan
IPA9: Development Control Policy on Hot Food Takeaway Shops
EXPLANATORY NOTE
Interim Policy Advice (IPA) documents are being prepared to amplify and clarify
policies contained in Gateshead's Re-Deposit Draft Replacement Unitary
Development Plan. The full list of documents intended to accompany the plan
is as follows:
IPA1 Crime Prevention in New Development
IPA2 Children’s Play Area Standards
IPA3 Provision of Open Space and Landscaping in New Developments
IPA4 Tyne Gorge Study
IPA5 Lifetime Homes and Wheelchair Housing
IPA6 Public Open Space Needs and Standards
IPA7 Affordable Housing
IPA8 Northside, Birtley
IPA9 Development Control Policy on Hot Food Take-away Shops
IPA11 Car Parking in New Development
IPA12 Chopwell, Heartlands
IPA13 Kibblesworth North
IPA14 West of Derwenthaugh Road
IPA15 Derwent West Bank
IPA16 North of MetroCentre
IPA17 Conservation Area Character Statements
•
•
•
The Cycling Strategy for Gateshead was prepared in consultation with
the cycling organisations in 2002 and has been adopted as Council Policy.
It is not intended to republish this as IPA.; and
The Council intends to review existing adopted SPG on Areas of Special
Character and the MetroCentre, which will be published as IPA
documents.
Additional items of IPA may be identified at a future date.
Gateshead UDP Re-deposit Replacement Plan
IPA9: Development Control Policy on Hot Food Takeaway Shops
1.
PURPOSE
1.1
The Town and Country Planning (Use Classes) Order 2005 introduced
revisions to the use classes order, including changes to the former food
and drink category (use class A3), which is now divided into three distinct
use classes. Along with A1 and A2, these classes contain uses considered
to be appropriate to shopping centres:Class A1
Class A2
Class A3
Class A4
Class A5
Shops
Financial and Professional Services
Restaurants and Cafes
Drinking Establishments
Hot Food Takeaways
1.2
Hot food take-away shops fall within the Use Class A5 and may simply be
defined as retail outlets where a substantial proportion of the sales of hot
food is for consumption off the premises. Under the provisions of the Use
Classes Order planning permission is required for a change of use from a
normal type of shop to a shop selling hot food for consumption off the
premises.
1.3
The incidental sale of limited quantities of hot food products by bakery
shops opening normal hours would usually not involve a material change
of use, and would therefore most probably not require planning
permission.
1.4
Under the new Order hot food takeaways form a distinct use class (A5).
Change of use from another use class to A5 requires planning permission,
whilst change of use from A5 to the A1, A2 and A3 categories will not
normally require planning permission.
Where “permitted development”
rights for such changes have been withdrawn, planning permission may
be required. The Development Control Section in Regulatory Services
provides advice on such matters.
2.
DEVELOPMENT PLAN CONTEXT
2.1
Policy RCL6 of the Re-Deposit Draft Replacement Gateshead Unitary
Development Plan states:
Gateshead UDP Re-deposit Replacement Plan
IPA9: Development Control Policy on Hot Food Takeaway Shops
RCL6
Planning permission will be granted for restaurants,
cafes (A3) and drinking establishments (A4) within existing centres
and hot food take-aways (A5) within an existing centre or locality
provided:
a)
b)
they do not have an unacceptable impact on road safety, the
environment, amenity, the character of the surrounding area or
the vitality and viability of an existing centre; and
they would not lead to an over-concentration of such uses in
any one location.
2.2
The following more detailed guidelines provide further guidance to
supplement the policy.
3.
RELEVANT FACTORS
Sequential Approach
3.1
The sequential approach to proposals for retail development means that
the Town, District and Local centres are the preferred location for retail
development. However, the provision of small-scale facilities, including hot
food takeaways, in existing neighbourhoods may be appropriate if it
satisfies a local need and reduces the need to travel for local residents,
particularly those living in remote parts of the Borough.
Highway Matters
3.2
Road safety and the convenience of highway users merits consideration
where the premises front onto a busy traffic route, are near to a road
junction, are located such that many customers arriving on foot will have
to cross a busy main road or use inadequate footpaths, or where car
parking is inadequate. A feature of hot food take-away shops is their
tendency to generate short-term on-street car parking. It follows therefore
that they may be best located on secondary roads or on sites not fronting
directly onto a highway. Off-street car parking associated with the
premises may help solve this problem if it is convenient; but it may not
always be attractive to customers and may be thus little used.
3.3
The Council’s Transport Strategy Team within Development and
Enterprise, acting in the capacity of adviser to the Council as local
highways authority, is consulted on planning applications including those
involving hot food take-aways. The advice received is taken into account
in determining applications which may result in a refusal decision.
Gateshead UDP Re-deposit Replacement Plan
IPA9: Development Control Policy on Hot Food Takeaway Shops
Amenity and Character
3.4
The impact of hot food shops on amenity and the character of the
surrounding area can vary and is often difficult to assess. It will depend
on:
a) the relationship to other developments and uses in the vicinity;
b) the appearance of the premises when they are located in an attractive
group of buildings or frontage, and the effect on the architectural or
historic character of listed buildings, locally listed buildings or
conservation areas;
c) the likely route that would be used by customers to and from the
premises from parked cars, houses and places of work;
d) the degree of control possible over the conversion and operation of the
premises particularly in relation to hours of opening; and the reduction
and dispersal of cooking smells and fumes, taking into account the
characteristics of the particular hot food outlet;
e) the effects of the concentration of similar types of outlets within a
locality where the introduction of another one would exacerbate
existing or create new problems;
f) whether the premises will be closed during normal daytime trading
hours and the effect this may have upon the viability of nearby
premises and the vitality of a centre
3.5
The main environmental problems arise from:a) noise/disturbance arising from the activities of customers and other
people attracted to the premises;
b) nuisance/inconvenience of cars parked on streets/in front of houses;
c) unsociable hours of trading in areas sensitive to disturbance and noise;
d) cooking smells, fumes and inadequate ventilation;
e) litter.
3.6
A combination of these factors can have a serious impact on residential
amenity. This is particularly so when the hot food outlet is within a single
Gateshead UDP Re-deposit Replacement Plan
IPA9: Development Control Policy on Hot Food Takeaway Shops
storey building adjacent to residential properties where ventilation would
be a problem; or in ground floor premises having living accommodation
above which is not in the ownership or control of the applicant. The net
result can be a reduction in residential amenity for residents living in close
proximity (for example houses/flats either side of/above the shop).
3.7
Hot food shops are best located in town and larger local centres.
However, many existing take-aways are a neighbourhood facility situated
within or close to the areas they serve. So far as the Town and District
Centres are concerned, hot food shops are best located in secondary
shopping areas or frontages, and should account for no more than 10% of
the total number of units within each, in order to minimise the impact on
vitality and viability that a proliferation of such uses would bring.
3.8
The adverse effects of take-aways can sometimes be reduced to an
acceptable level by granting permission subject to conditions. Conditions
must be precise, enforceable and reasonable in effect. It would be
unsatisfactory, for example, to impose unnecessary conditions, or
conditions that may be considered necessary but which are so onerous as
to make the decision tantamount to a refusal. The application should be
refused in such an instance. Careful judgement is required in arriving at
suitable conditions, but they would usually relate to the following aspects:a) hours (and sometimes days) of opening;
b) ventilation control
dispersal flues);
(self
closing
doors/extractors/filters/height
of
c) the standard of alterations to premises (including appearance);
d) litter bin provision;
e) possible noise reduction measures;
f) provision of car parking;
g) provision of disabled access.
4.
CONSULTATIONS
4.1
Technical advice on the environmental suitability of the premises and the
impact and control of take-aways is, inter alia, provided by the Council’s
Environmental Health and Trading Standards Team within Regulatory
Gateshead UDP Re-deposit Replacement Plan
IPA9: Development Control Policy on Hot Food Takeaway Shops
Services, whose main involvement from a planning point of view is in
respect of:
a) ventilation of premises and cooking appliances, so as to minimise the
possibility of odour, etc. complaints;
b) the prevention of noise nuisance from activities within the premises.
4.2
Occupiers of nearby properties are required, by law, to be notified about
planning applications and any views they express must be taken into
account by the Council in determining an application. In assessing any
representations made by local residents it is often necessary to exercise
judgement in distinguishing between proper planning considerations and
non-planning issues such as loss of market value of a property.
4.3
Where a proposal would affect a listed building, locally listed building or
conservation area, the Council’s Conservation Team is consulted. They
will need to ensure that the use is compatible with the architectural or
historical character of an area or building. Furthermore, they will need to
be satisfied that the need for flues, refuse storage or other requirements
will not have an adverse impact on the building or area. The relevant
policy on Listed Buildings is ENV11.
4.4
The Council’s Transport Strategy Team is also consulted (see paragraph
3.3).
5.
POLICY RECOMMENDATIONS
5.1
Favourable consideration should normally be
applications which meet all of the following criteria:
given
to
planning
a) where the siting would not weaken the continuity of important retail
frontages;
b) where the premises are sited away from housing and other sensitive
uses;
c) where there is good safe access and adequate car parking provision;
d) where provision will not, when added to existing facilities, result in an
over concentration of hot food take-away facilities within an existing
centre
Gateshead UDP Re-deposit Replacement Plan
IPA9: Development Control Policy on Hot Food Takeaway Shops
e) where disabled access provision exists, is proposed or can be
achieved.
5.2
For the avoidance of doubt, whilst all applications will be considered on
their individual merits, the Local Planning Authority will not normally be
prepared to grant planning permission in respect of premises which are
immediately adjacent to residential properties, except where that property
is occupied, or under the control of, the applicant.
5.3
If you are considering establishing a hot food take-away shop, you are
strongly recommended to contact the Council to seek informal advice.
This document does not affect any person’s right of appeal against any
decision of the Council.
Gateshead UDP Re-deposit Replacement Plan