Agenda item

This application seeks planning permission for a change of use from a shop (Class A1) to a hot food takeaway (Class A5).  The application site is 62 Brockfield Park Drive which is a single storey retail unit set within a small parade of shops in Huntington.

This application has been brought before the Committee due to the volume of correspondence received from local residents and the fact that the previous application was also determined by Committee. [Huntington/New Earswick] [Site Visit]

Members considered a full application from Mr Imam Harman for a change of use from a shop (Class A1) to a hot food takeaway (Class A5) at 62 Brockfield Park Drive.

Officers informed Members about the history of the application, and reported that although the Committee had originally refused a previous application at the same site, a revised application had now been submitted following an appeal decision by the Planning Inspectorate. Officers considered that all of the relevant concerns in relation to odours and noise had now been addressed. The application was brought to Committee for a decision as the previous application had also been determined by the Committee, and due to the level of local interest.

Representations were received from a local resident in objection. She gave a number of reasons in objection to the application including;

·        That the repositioning of the flue to below ridge height of the roof would emit smells towards neighbouring properties.

·        That daily food preparation would block drains with grease.

·        That the glass recycling facility for the takeaway would be noisy.

·        That the illuminated signage for the takeaway would cause light pollution.

Representations in support were received from the applicant’s agent. He accepted that the extraction fans might make noise, but reported that the noise assessment that had been carried out, was deemed acceptable by Officers. He stated that  he considered that  the problems that the Planning Inspectorate had identified originally had now been overcome.

Representations were received from the Ward Member, Councillor Runciman. She voiced a number of concerns which included; the possible increase in Anti Social Behaviour, the increase in noise that could be caused by car doors slamming when customers collected takeaway orders and noise and smells particularly during the cleaning up time  after closing hours.

In response to a question from a Member on which areas of the original application were deemed unacceptable by the Planning Inspectorate, Officers reported that these related solely to the design and location of the flue extraction system, which had since been amended.

Some Members considered that the application should be refused due to the noise that could be emitted from delivery vehicles, inadequate waste disposal provision and insufficient space at the front of the building for parking.

In response to a suggestion from a Member that deliveries should be restricted, other Members considered that such a service would create less traffic congestion and noise than if individual customers arrived by car  to pick up food orders. They added that they wished the opening hours to be from 11.00-22.00 and that a condition requiring grease traps  to be fitted be added to any approval, in order to  minimise the possibility of drains becoming blocked.

RESOLVED:       That the application be approved subject to the conditions listed in the Officer’s report and the following additional condition;

                    6.      Details shall be submitted to and approved in writing by the Local Planning Authority of grease and fat interceptors which shall be installed on all drains. The grease and fat interceptors shall be installed and fully operational prior to the first use of the hot food takeaway and thereafter maintained.

Reason:              To ensure the proper treatment of cooking fats to prevent any adverse impact on the surrounding drainage network.

REASON:           In the opinion of the Local Planning Authority the proposal, subject to the conditions listed in the Officer’s report, would not cause undue harm to interests of acknowledged importance, with particular reference to;

                             - the impact of the amenities of local residents through noise, odour and litter;

                             - visual impact on the character and appearance of the area

                             - traffic and car parking; and

                             - anti-social behaviour

                             As such the proposal complies with Policies S6 and GP1 of the City of York Development Control Local Plan.