Agenda and minutes

There were no declarations of interest.

To approve as a correct record the minutes of the meeting held on Tuesday 7 February 2023.

RESOLVED that the minutes of meeting held on Tuesday, 7 February, 2023 were confirmed and signed by the Chair as a correct record.

Please note that any late material in respect of the applications detailed below will be published as a supplement on the Council’s website in the late afternoon of the day before the meeting. Additional late material will be uploaded as a supplement on the Council’s website on the day of the meeting, should further relevant representations be received thereafter.

Late material had been circulated in relation to agenda item 5 – 130 Reservoir Road (22/00884/FUL).

Application for determination:

Change of Use from retail (Class E) to Mixed Use comprised of Hot Food Takeaway (Sui Generis) and retail (Class E). Retrospective application for installation of External Extraction Unit.

The Planning Officer presented the report, detailing an application for a Change of Use from retail (Class E) to Mixed Use comprised of Hot Food Takeaway (Sui Generis) and retail (Class E). Retrospective application for installation of External Extraction Unit.

Using Chairs Discretion, the applicant and a local resident addressed the Committee in favour of the application.

They stated that the application should be granted on the following grounds:

-          The business had been operating and addressing the needs of the local community for over 20 years.

-          The hot food service was set up before the coronavirus pandemic and served hot food in the morning, which received positive feedback.

-          The reason hot takeaway food was served and the extraction flue built without planning consent was because he (the applicant) had not asked the right questions about what needed planning consent, it was not malicious.

-          They had not served hot food takeaway since the coronavirus pandemic had started.

-          The business had liaised effectively with the Council, the only reason for refusal was now the look of the extraction flue and its impact on visible amenity. There were multiple businesses in the area that had a similar and more domineering extraction flue and look, including a fish and chip shop across the road from the store.

-    The local resident stated that the business had been a life saver for him, as it was easily accessible and that he had been helped when he had previously had a fall.

Members’ Questions

The Planning Officer responded to members’ questions concerning what the specific reasons for the recommendation for refusal were, whether the principle of development was acceptable on planning grounds, whether reducing the impact of the appearance of the extraction flue would make the application more compliant on planning grounds, whether the extraction flue could be moved to a different wall, how many objections there had been and the nature of these objections, whether there were facilities for oil storage, whether there had been a specific complaint from the neighbouring property, had the kitchen been built, concerns about commercial creep, noise, and odour, litter, parking concerns, who would be using the store and whether the extraction flue could be painted as follows:

-          The Vice-Chair was correct to state that the application was not being recommended for refusal on the principle of development. The reason for the officer recommendation for refusal revolved predominantly around its contradiction to policy C4 of the recently adopted Gloucester City Plan. That policy stipulated that hot food takeaways must satisfy six criteria which was laid out in the officer report and that the application in front of the Committee did not satisfy the first of this criteria. This was that the design of the unit could not have a ‘significant adverse’ impact on the visual amenity of the area.

-          It was difficult to say with certainty whether reducing the size of the extraction flue, or moving it would make it policy compliant with  ...  view the full minutes text for item 49.

To consider a schedule of applications determined under delegated powers during the month of January 2023.

The schedule of applications determined under delegated powers during the month of January 2023 was noted.

RESOLVED that: - the schedule be noted.

Tuesday 4^th April 2023.

Tuesday 4th April 2023 at 6pm in Civic Suite, North Warehouse.