Agenda item

Report of the Group Manager – Services, Facilities and Support

The Chair explained the process for hearing the appeal against the Officer decision.

The Regeneration Group Manager – Services, Facilities and Support presented an appeal against the Council’s refusal to allow Mr Wayne McCormick to operate a hot food unit in Cemetery Road.  Mr McCormick had originally requested permission to trade between the hours of 7 am until 12 pm Monday-Thursday, 7 am until 2 am Fridays, and 12 noon until 2 am on Saturdays.  Having been informed by the Regeneration Group Manager – Services, Facilities and Support of the refusal of a similar application in the area, Mr McCormick decided to amend his application and now wished to operate between 7 am until 1 pm, Monday to Saturday, or 7 am to 1 pm Monday to Friday, should that be more acceptable to Members.

The Council adopted a new policy and process for Street Trading Applications in April 2009 resulting in the drawing up a Street Trading Criteria and a Consultation programme.  Since the introduction of the policy there had been significant improvements to the street trading activity both in the City Centre and the surrounding areas.

In accordance with the policy, there had been consultation on Mr McCormick’s proposal with the relevant stakeholders which had resulted in 5 objections from residents of Cemetery Road, mainly concerned with noise, smell, litter and traffic problems.  Residents also thought that it was inappropriate to have this type of business so close to the Cemetery. Comments about the siting of the van had been received from Gloucestershire Constabulary and the Cabinet Member. The Ward Councillor had not submitted any objections to the proposal.

Following evaluation of the proposal against the criteria and the objections that had been received, the Regeneration Group Manager – Services, Facilities and Support had refused the application.  Mr McCormick had appealed against the decision indicating as part of his submission that Cemetery Road was a designated lay-by.  The Regeneration Group Manager – Services, Facilities and Support drew Members’ attention to an inaccuracy in the report.  Gloucestershire Highways’ had originally stated that they did not consider Cemetery Road to be a designated lay-by.  However, since the report had been published, Gloucestershire Highways had corrected this statement and confirmed that there was a parking plate at the entrance to the road and supplied photographic evidence to that effect.  Notwithstanding this, Gloucestershire Highways still had concerns that parking would create parking problems and hazards. 

In view of all the objections, the Regeneration Group Manager – Services, Facilities and Support recommended Members to dismiss Mr McCormick’s appeal and to uphold the reasons for refusal.

Mr McCormick asked the Regeneration Group Manager – Services, Facilities and Support how many responses had been received from residents.  At this point, with the permission of the Appellant a further letter was read out from a resident who had hoped to attend the Committee.

Members questioned the Regeneration Group Manager – Services, Facilities and Support regarding the location of the proposed hot food van in the absence of plans in the report.

Mr McCormick addressed the Committee.  He confirmed that he was willing to do all he could to work with the Council and the local residents to allay any concerns.  He believed there was ample room for traffic to pass.  He said that the proposed van would be 100 metres away from the nearest house and that there would be no noise or smell as he used a dry griddle and cooked breakfast goods only on demand and on a flat plate.  Mr McCormick was prepared to put up signage asking cars to exit out on to the avenue rather than driving past homes.  He did not believe that there would be any problems with litter.  Photographs were produced by the Appellant and photocopied for Members showing the proposed location and an aerial view of the site.

Members questioned the Appellant and the following matters were discussed:-

·         The reason for choosing the Cemetery site.  The Appellant responded that it was because it was a designated lay-by and would be convenient for those wishing to stop and take a break.

·         Requested trading hours – These were confirmed as either Monday to Friday or Monday to Saturday 7 am-1 pm

·         Whether the Appellant had done any research on who used the layby and was he aware that coaches for foreign exchange students used the layby as a pick-up/drop off point frequently during the year.  The Appellant was not aware of this but stated that he was familiar with the area and believed there was plenty of room for coaches.

·         Purchase of the hot food van.  The Appellant explained that he had not yet bought it pending the decision of the Committee and that he was willing to purchase the smallest van in a colour which would blend in with the surroundings and not be conspicuous.

The Regeneration Group Manager – Services, Facilities and Support concluded the Council’s case.

Mr McCormick made a closing statement.  He believed that the suggested site for the van would be sufficiently far away from residents to prevent any problems with noise, litter, and smell.  He had demonstrated with the photographic evidence, he had supplied, that the area was a designated lay-by.  He could not say whether it would enhance the area as he felt he was not good at marketing the proposal.  However, he had tried to accommodate residents and did not feel that his business would offend anyone.

Committee Members voted to debate the appeal in private session.  The Appellant and Officers left the room.

On return to the room the Chair announced the decision.

RESOLVED

That the Appeal STAPP31 (Mr McCormick) be dismissed for the following reasons:-

1.         The siting of the unit in this particular area would increase problems with traffic.

2.         The proposed offer was not compatible with the character of the area in which it was proposed to be situated and neither enhanced the area or added vitality.

The Chair took the opportunity to wish Mr McCormick well for the future on behalf of the Committee.