Agenda item

Application for determination:

Change of use from a Hair Salon to take away Kebab Shop

The Planning Officer presented the report detailing an application for a change of use from a Hair Salon to take away Kebab Shop.

The applicant addressed the Committee in favour of the application.

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

• The Case Officer conducted a thorough review of the application and recommended its approval.
• There were no objections from statutory consultees, subject to certain conditions.
• Objections raised by neighbours have been seriously considered, and proactive measures will be implemented in response.
• The aim is to cultivate a constructive relationship with the local community.
• The business would make a significant positive contribution to the City. 

Members’ Questions

The Planning Officer responded to members’ questions concerning waste removal, the size of the proposed extraction flue (check), concerns about the Police not being consulted on the application, questions surrounding whether the opening hours of the proposed hot food takeaway were the same as others in the locality, what was the difference in law between the original refusal of an application for a Papa Johns close by and the one in front of the Committee and whether there was a specific piece of legislation that stipulated that extraction flues needed to be placed away from domestic dwellings as follows:

·       Waste collection facilities would be located within the customer and staff areas. There were four public litter bins in close proximity to the site, including one situated directly outside.

·       Engaging with police authorities was not a standard practice in the consultation process for planning applications related to hot food takeaways.

·       The majority of the extraction flue would be concealed behind the parapet wall and was approximately 6 meters in height.

·       The opening hours of Papa Johns were consistent with those proposed for the new hot food takeaway. It was understood that the Royal Oak also closed at 11 pm.

·       The primary legal distinction now lay in the adherence to the C4 Policy of the adopted Gloucester City Plan.

·       To the best of her knowledge, there was no specific legislation dictating that extraction flues from takeaways must be positioned away from domestic dwellings. The Council's external consultee was consulted on this application and raised no objections, subject to conditions.

·       Extensive discussions with the external consultant have been conducted. He expressed satisfaction with the latest revisions, believing that the conditions would adequately address any concerns regarding the flue. She did not deem it necessary to delay the decision-making process, as the conditions in place were considered sufficient.

·       It was not a routine procedure for the Council to verify compliance with the terms of an application post-approval. Applicants were legally obligated to adhere to the imposed conditions. Should any breaches occur, an enforcement investigation will be initiated.        

Officers from Gloucestershire Highways responded to members’ questions concerning what information was submitted which led to the conclusion that there would not be an unacceptable impact on Highway Safety or a severe impact on congestion, whether barriers that were no longer at the site would be replaced after an accident occurred there, and whether the Highways authority had looked into the business model for the proposed usage in coming to a conclusion of how many trips it would generate as follows:

• The Committee report outlined the information used to reach conclusions regarding safety and congestion. Additionally, the officer had conducted an independent assessment, examining records of the roads, including Traffic Regulation Order (TRO) restrictions and collision history.
• The officer emphasised the importance of replacing the bollards and committed to following up on the issue.
• Concerns associated with hot food takeaways primarily revolved around short-term, indiscriminate parking, as customers tended to park as close as possible to the establishment. The reinstatement of bollards, coupled with waiting restrictions, was expected to reduce levels of such parking. Over 20 parking spaces were available in the vicinity. Furthermore, other shops in the area, with the exception of Papa Johns, were not expected to be busy during the operating hours of the proposed business.
• The Highways Authority had conducted investigations into accidents in the area. Over a five-year period, no accidents were reported on the adjacent street. However, there was an incident at the crossing which the member had alluded to.

The Planning Development Manager responded to a member's question about whether a condition could be amended to ensure that the applicant provided evidence of the conditioned changes to the extraction flue.

• It was possible to amend the condition to stipulate that commencement could not take place until a verification report, confirming the requisite changes to the ventilation system, was submitted to the Council.

The Locum Planning Lawyer responded to a members’ question concerning whether a condition could be imposed that meant that the front door of the proposed hot food takeaway.

·       It could be deemed unreasonable to condition the requirement to keep the front doors closed, and such a policy would be unenforceable.

Members’ Debate

Councillor Tracey noted that there were numerous takeaways in the area, and highlighted her belief that it would fit in well in the area.

Councillor D.Brown stated that he wished to see Hucclecote be commercially active and that the building had been disused for too long. However, he stated that concerns local residents had when Papa Johns received planning consent (traffic and odour), had come to fruition and that these issues could be exacerbated by the granting of planning permission for the proposed hot food takeaway.

Councillor A.Chambers stated that he believed that the application would be good for the area and that his concerns around ventilation would be covered by the proposed amendment to a condition.

The Chair moved and the Vice-Chair seconded the officer’s recommendation to approve the application, subject to the conditions outlined in the report, as amended in the late material, with the additional condition for the applicant to provide a verification certificate.

RESOLVED that planning permission was granted subject to the conditions outlined in the report, as amended in the late material, with an additional amendment to a condition for the applicant to provide a verification certificate.