Agenda item

Conversion of ground floor flat to fish and chip shop with ground floor extension at rear for storage and seating in eating area, plus first floor rear extension to flat to create three bedroom flat and alteration to vehicle parking and access in forecourt (resubmission). [Acomb Ward] [Site Visit]

Members considered a full application by Mr Kevin Pallister for the conversion of a ground floor flat to a fish and chip shop with ground floor extension at the rear for storage and seating in eating area, plus first floor rear extension to the flat to create a three bedroom flat and alteration to vehicle parking and access in forecourt (resubmission).

Officers recommended an additional condition be added stipulating that the extraction flue serving the cafe/takeaway be painted a dark colour.

Officers advised that a consultation response has been received from Highway Network Management who raised no objection to the proposal subject to three additional conditions being appended to any permission, these being: Highway 9 Vehicular Areas Surfaced, Highway 17 Removal of Redundant Crossing and Highway 18 Cycle Parking Details to be agreed.

Officers drew Members’ attention to the proposed forecourt works and advised them that they largely fall outside of the area of the applicant’s control and are themselves Permitted Development. They asked that Members disregard their detail in determination of this application.

Officers advised that 13 further letters of objection have been received since the agenda was  compiled. These objections raised concerns with regard to the following issues.:

·         proposed parking and access works impinging upon the adopted highway to the detriment of the safety and convenience of highway users;

·         noise from delivery vehicles attending to the proposed business and the associated impact upon the residential amenity of neighbouring properties;

·         possible usage of the rear amenity area serving the proposed flat by users of the cafe/takeaway;

·         impact from noise and odours from the extraction system to the cafe/takeaway use on the residential amenity of neighbouring properties;

·         noise from the proposed cafe/takeaway use and its impact upon neighbouring properties;

·         proposed opening hours and the potential for anti-social behaviour in the locality;

·         adequacy of the drainage arrangements for the premises and possibility of contamination from waste from the takeaway/cafe use;

·         impact of parking associated with the proposed business on the safety and convenience of highway users in the surrounding area.

Officers advised Members that following further investigation it had been established that the conversion of the property into two flats was undertaken over four years ago and as such the use had become lawful. Therefore Policy H8 of the Draft Local Plan may be disregarded in consideration of this application.

A letter which was received from Councillor T Simpson-Laing, Ward Member for Acomb was circulated to members of the committee. The letter raised the following concerns of local residents.

·         Removal of family housing - The property was originally a family house and could be returned to a family house.

·         Lack of suitable, safe and appropriate amenity space.

·         Concerns over pedestrian safety in view of the access to parking area and the location of the pedestrian crossing and bus stop.

·         Overprovision of hot food retail units in this residential area.

·         Long opening hours

Members discussed the issue of parking and the proposals to regulate the frontage with dropped kerbs and a marked “in” and “out” to a parking area with spaces for 3 cars. They acknowledged that a fish and chip shop would lead to people parking for a very short period. They noted that if the parking area was full, there was no option to park on the road which could cause a potential for problems. However they noted that Highways had not objected to the scheme subject to conditions.

RESOVLED:             That the application be approved subject to the conditions listed in the report and the additional conditions below.

Additional Condition

 The extraction flue serving the cafe/takeaway use hereby authorised shall be painted a dark colour previously authorised in writing by the Local Planning Authority prior to the development being first brought into use and maintained as such thereafter.

Reason:- To safeguard the visual amenity of the wider street scene and to secure compliance with Policy GP1 of the York Development Control Local Plan.

Additional Condition

 Prior to the development coming into use, all areas used by vehicles shall be surfaced, sealed and positively drained within the site, in accordance with the approved plans.

Reason: To prevent the egress of water and loose material onto the public highway.

Additional Condition

The development shall not be first brought into use until all existing vehicular crossings not shown as being retained on the approved plans have been removed by reinstating the verge to match adjacent levels. Reason: In the interests of good management of the highway and road safety.

Additional Condition

 Prior to the development commencing details of the cycle parking areas, including means of enclosure, shall be submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the cycle parking areas and means of enclosure have been provided within the site in accordance with such approved details, and these areas shall not be used for any purpose other than the parking of cycles.

Reason: To promote use of cycles thereby reducing congestion on the adjacent roads and in the interests of the amenity of neighbours.

REASON:      The proposal, subject to the conditions listed in the report and the additional conditions above, would not cause undue harm to interests of acknowledged importance, with particular reference to impact upon residential amenity of neighbouring properties, impact upon the living conditions of future occupants of the proposed flat, loss of an existing family house, impact upon the safety and convenience of highway users and impact upon the local surface water drainage system. As such the proposal complies with Policies GP1,T4,E4,H8,H9 and S6 of the City of York Development Control Local Plan.