Agenda item

Proposal:       Change of use from a former bank (Class A2) to a hot food takeaway (Class A5); installation of extraction/ventilation equipment and other external alterations (resubmission of application ref: APP/18/00706).

 

Associated Documents: https://tinyurl.com/y7933vqz

 

 

 

Proposal:       Change of use from a former bank (Class A2) to a hot food takeaway (Class A5); installation of extraction / ventilation equipment and other external alterations (resubmission of application ref: APP/18/00706).

 

The Committee considered the written report and recommendation of the Head of Planning to grant permission.

 

The Committee was addressed by the following deputees:

 

a)    Ms Glanville-Hearson, who objected to the application for the following reasons:

 

1.            There was not suitable space or access in the rear service yard for the safe entry and exit of sizeable service vehicles;

2.            Service vehicle access via Brockhampton Lane would not be possible due to the limited width of the road;

3.            Access to the rear service yard via Park Road South would result in an unacceptable hazard, as vehicles would need to cross two lanes of northbound traffic and a busy pathway to enter the yard;

4.            The lay-by parking on West Street was in constant use and was not able to accommodate the additional parking created by this application; and

5.            The application was largely the same as the previously submitted application and had not responded to concerns from residents.

 

b)    Mr Comlay, who objected to the application for the following reasons:

 

1.            The applicant would not have control over the usage of the rear service yard and could therefore not guarantee smooth access to the site or the parking spaces to accord with the detail of the application submitted;

2.            The application would lead to an unacceptable amount of traffic movements on the site and create a hazard for pedestrians and motorists in the area; and

3.            The application would detrimentally impact upon the health and wellbeing of the Borough.

 

c)    Mr Sykes, who supported the application for the following reasons:

 

1.            The resubmission had sought to address the concerns raised in the previous application, with the provision of a Technical Highways Note and parking surveys;

2.            The unit could convert to an A1 retail unit without planning permission and this would lead to a higher number of predicted traffic movements compared to an A5 take-away unit;

3.            A 7.5 tonne vehicle would be used to service this site and the tracking plan showed that this vehicle would be able to access this site;

4.            The predicted number of trip generations relating to the application site was considered acceptable;

5.            The applicant would be relocating from an existing unit in North Street and would therefore not result in a net increase of takeaway units in Havant Town Centre; and

6.            The application would have a positive impact upon local employment.

 

In response to questions from the Committee, Mr Sykes confirmed that:

 

·         The site was solely for takeaway usage;

·         The application included the provision for 3 parking spaces at the rear of the site; and

·         The tracking plan had been undertaken by professional consultants.

 

In response to questions from the Committee, officers advised that:

 

·         The service vehicle tracking plans were consistent and commonly used for applications of this nature;

·         The Waste and Operational Management Plan sets out that, if the application were to be successful, the unit would be required to provide bins and staff would conduct regular inspections inside and outside of the unit to clear any litter;

·         Access to the rear service yard via Park Road South was an established entrance to the area; and

·         The parking surveys had been conducted at the peak times for a takeaway business.

 

The Committee discussed the application in detail together with the views raised by deputees.

 

During the debate, some members of the Committee felt that there were no material planning reasons to justify a refusal and a motion was moved to grant permission as recommended.

 

The Committee considered an amendment to refuse permission as the resubmission had not addressed the concerns raised in the previous application.

 

The Committee was advised that it would be difficult to defend a highway capacity reason for refusal. A majority of the Committee were therefore minded to grant permission and it was:

 

RESOLVED that the Head of Planning be authorised to grant permission for application APP/18/01234 subject to the following conditions:

 

1          The development must be begun not later than three years beginning with the date of this permission.

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

           

2          The development hereby permitted shall be carried out in accordance with the following approved plans:

 

Waste and Operational Management Plan dated January 2019

Highways Technical Note 02 (2472) by Croft Transport Planning & Design, received 11/01/2019

Swept Path Analysis Plan Drawing number: 2472-SP01 Rev A

Planning, Design and Access Statement (Incorporating Flood Risk Assessment) dated November 2018

Environmental Assessment Report 18/0455/R1 by Cole Jarman dated 26th September 2018

Location Plan Drawing No. DB447 - LP Rev A

Block Plan Drawing No. DB447 - BP

Proposed Elevations Drawing No. DB447 - EL05

Proposed Plan Drawing No. DB447 - GA04 Rev A

Air Handling Unit Information

Supporting Annex B Document for Proposed Ventilation System by DeltaBravo Ltd dated 19.06.18

Baffle Filter information

Extraction Details

Filtration Details

 

Reason: - To ensure provision of a satisfactory development.

           

3          Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, (as amended) and any Town and Country Planning (General Permitted Development) Order, the premises shall be used as a pizza takeaway only and for no other food types within Class A5 of the above Use Classes Order.

Reason: In the interests of amenity as the proposed extractor equipment may not be adequate for other food types, and having due regard to Policies DM5 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

           

4          The premises shall only be open to the public for trade or business between the hours of 09:00 and 23:00 Sunday to Thursday; and between 09:00 and 24:00 (midnight) on Fridays and Saturdays. No delivery of pizzas shall take place outside these hours.

Reason: To protect the amenities of nearby residential properties and having due regard to policy DM5 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

5          Servicing and deliveries to or from the premises shall only take place between the hours of 07:00 and 20:00 Monday to Saturdays and at no other time, in accordance with the Waste and Operational Management Plan, dated January 2019.

Reason: In the interests of the amenities of occupiers of nearby residential properties and having due regard to policies DM10, DM11 and CS16 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

6          The hereby approved extraction equipment shall be installed and effectively operated for as long as the use continues, and shall be regularly maintained in accordance with the Annex B Document for Proposed Ventilation System by DeltaBravo Ltd dated 19.06.18. Any failure of the extraction equipment and all cooking processes shall cease until the system has been restored to full working order. Documentary evidence including receipts, invoices and copies of any service contracts in connection with the use and maintenance of the extraction equipment, shall be kept and made available for inspection at the premises by officers of the Local Planning Authority, to facilitate monitoring of compliance with this condition.

Reason: In the interests of amenity and to protect against cooking odours outside the premises, and having due regard to Policies DM5 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.

 

7          The noise mitigation measures detailed in the Environmental Assessment Report 18/0455/R1 2nd issue by Cole Jarman shall be fully implemented prior the hereby approved use being brought into first use. Thereafter the silencer and anti-vibration mounts and all other measures shall be maintained in full working order to the satisfaction of the Local Planning Authority.

Reason: In the interests of amenity and to protect against cooking odours outside the premises, and having due regard to Policies DM5 and DM10 of the Havant Borough Local Plan (Core Strategy) 2011 and the National Planning Policy Framework.