Agenda item

This application seeks planning permission for a change of use from a shop (Class A1) to a hot food takeaway (Class A5). 

This application has been referred to the East Area Planning Sub Committee due to the high level of local interest in the proposal.  [Huntington/New Earswick] [Site Visit]

Members considered an application from Mr Imam Harman for a change of use from retail (use class A1) to hot food takeaway (use class A5) and the provision of external extract flue.

Officers updated that, as outlined in the Committee Report a specialist extraction consultant had produced a document regarding the installation of a ventilation system to control odour without creating a nuisance through noise.  Officers advised that the Environmental Protection Unit (EPU) had examined this report and made comments on the document. Officers conveyed these comments to the Committee and confirmed that the EPU was happy that it would be feasible to install a suitable system but noted that exact details of what would be installed had not yet been agreed.

Officers drew Members attention to the revised list of suggested conditions which had been republished with the agenda noting that Condition 4 required an extraction system to be agreed and installed prior to the hot food takeaway coming into use and thereafter being maintained. Officers provided Members with clarification on the proposed siting of the extraction system and the intended hours of operation. (A full copy of the officer’s update was published online with the agenda after the meeting)

Representations in objection to the application were received from a neighbour. She reminded Members that a previous application for a hot food take away on this site had been refused due to concerns surrounding  noise, litter and smells. She stated that the existing drainage system would not be able to cope with commercial waste produced by the takeaway and questioned whether there was in fact demand for such an outlet stating that no survey had been carried out. She pointed out that the Spar shop closes at 10pm but that the amenity of local residents would be affected by the take away remaining open until 11pm with potential for an increase in problems of anti social behaviour in the area.

Representations in support of the application were also received from the applicant’s agent. He stated that they had made every effort to overcome any issues or concerns raised regarding the application and all issues raised with regard to the previous refused application had been dealt with through changes to the design or revised opening hours. He clarified that the EPU has raised no objections as the proposal would meet the required standards and that concerns raised about drainage were unfounded as no objections had been raised by the relevant body. He noted residents’ concerns over litter but expressed the opinion that litter was not normally a problem linked to hot food outlets.

Representations were also received from Councillor Runciman, Ward Councillor for Huntington and New Earswick on behalf of local residents who had raised concerns regarding litter, general disturbance, noise and smells. She referred to this area being a ward hot spot due to incidents which had taken place and general anti social behaviour. She stated that although there had only been a few incidents in the last few years, the shops had caused problems in the past and residents feared that the anti social behaviour would start again. She raised the following specific concerns;

• an increase in night time traffic and noise from traffic as well as additional delivery vehicles during the day.
• an increase in the amount of litter produced as a result of food being consumed in the area – insufficient litter bins to cope with increase in litter.
• Problems of groups congregating outside the premises.
• Harmful to living conditions of local residents.

Members raised and discussed the following areas of concern;

• noise from the extractor and air conditioning unit (experienced at site visit)
• Drainage
• Increase in traffic generated in the evening – traffic currently eases off as shops close and increase in evening traffic would be noticeable. Also increase in noise from delivery vehicles.
• Concern over close proximity of shop selling alcohol – opportunity for people to buy food from takeaway, alcohol from neighbouring shop then congregate by the premises leaving a potential anti social behaviour.
• Parking issues – the area would be very busy until other shops close in evening

Members agreed that the cumulative impact of the issues raised would harm the amenity of neighbours and be detrimental to the area and agreed that the application be refused on the grounds of increased noise, traffic activity, smells and anti social behaviour.

RESOLVED:             That the application be refused.

REASON:                  The local planning authority consider that the establishment of a hot food takeaway in this predominantly residential area would have a serious detrimental impact on the amenities of surrounding residents by virtue of an accumulation of noise, traffic, litter, odour, and anti-social behaviour which would detract from the quiet enjoyment and amenity of their homes. The proposal is therefore considered to be contrary to Policy S6 of the City of York Development Control Local Plan which aims to ensure that such uses do not have an unacceptable impact on the amenities of surrounding occupiers.