Agenda item

Change of use from sandwich shop (Class A1) to hot food takeaway (Class A5) and installation of kitchen flue to rear (resubmission). [Micklegate Ward] [Site Visit]

Members considered a full application from Mr Gee Yin Sung for a change of use from a sandwich shop (Class A1) to a hot food takeaway (Class A5) and the installation of a kitchen flue to the rear (resubmission).

Officer recommended a further condition to secured alterations in the public highway to prevent vehicles parking outside the premises as such practice would obstruct the bus route. It was noted that the applicant could meet the requirements of this condition by funding the installation of bollards/cycle stands to prevent this occurring.

Officers also advised the Committee that the opening hours of nearby takeaways controlled by planning conditions were as follows:-

·        Fish and Chip Shop, No 49, 11.30-24:00 midnight every day of the week

·        Takeaway at 51 – open till 24:00, 23:30 Sundays

Representations were received from a neighbour living at number 13 Holgate (to the rear of the site) in objection to the application. He advised the committee that 97 percent of the buildings around the shops were residential use. He raised concerns about the potential for bad smells and noise disturbance from hot food takeaways. He expressed concerns that the proposed use would lead to him and his partner, who was ill, being disturbed by noise created by staff cars being driven away from the staff parking at the rear of the building in the early hours of the morning as this was below his bedroom window.

Representations were received from the applicant in support of the application. He confirmed that, if granted, the intention was to stay open until midnight on Friday and Saturday nights only, with 11 – 11.30pm closing during the week and on Sundays. He confirmed that the rear yard would only be used for staff parking, and the garages would be used for storing dry goods, not additional vehicles. In response to concerns which had been raised regarding the extraction system, he advised Members that this was a modern system which included smell and grease filters and a silencer.

In response to questions he provided the following additional information:

·        Deliveries would take place early in the evening (covered by condition 5)

·        Majority of customers place orders by phone then collect at a given time thus preventing a build up of customers waiting on the premises.

·        No delivery service is offered (also covered by condition 5). The proposed delivery service was a reason for refusal of a previous application due to potential for noise disturbance to neighbours.

·        Premises would close at either same time as neighbouring businesses or earlier

·        Intention is for only one car to be parked in the rear yard.

Members acknowledged that the applicant had agreed to everything possible to avoid disturbance to neighbours and acknowledged that they could not control movement of vehicles in and out of the yard, which was not just used by these premises.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the additional condition below:

Additional Condition 7

The development shall not come into use unless and until a scheme to prevent vehicles parking outside the application site has been submitted to and approved by the Local Planning Authority.

Reason: To ensure that cars do not attempt to park on the highway immediately outside the site, as such practice would obstruct the highway, the detriment of highway safety and traffic movement on what is a main route into the city centre.

REASON:            The proposal, subject to the conditions listed in the report and the additional condition above, would not cause undue harm to interests of acknowledged importance, with particular reference to amenity, highway safety and the character and appearance of the conservation area. As such the proposal complies with Policies GP1, S6 and HE3 of the City of York Development Control Local Plan.