Planning Committee 02/11/2010

P/2010/0868

APPLICATION NO: P/2010/0868

LOCATION: 57 PARK ROAD ST HELENS MERSEYSIDE

PROPOSAL: Change of use from retail (A1) to hot food take-away (A5).

WARD: Town Centre

PARISH:

CASE OFFICER: Alan Kilroe

AGENT(S) / APPLICANT(S):

THE PLANNING STUDIO LTD PORTLAND TOWER

DEVELOPMENT PLAN ALLOCATION: St Helens Unitary Development Plan 1998

Unallocated GEN 1 ‘Primacy of the Development Plan’ GEN2 ‘Good Environments’ RET4 ‘Hot Food Shops, Restaurants & Cafés

BACKGROUND PAPERS: See Section 3.0 See Section 4.0 See Section 5.0

REPRESENTATIONS: One petition of 30 signatures and 7 letters of objection were received

RECOMMENDATION: Grant planning permission subject to conditions

/ 1.0 Application Site 1.1 The application site relates to a vacant barbershop on the corner of a terrace

of shops and residential properties. The site is unallocated in the St Helens Unitary Development Plan, and lies in an area that is mixed residential/commercial in nature. The busy A58 runs to the south of the site.

1.2 The property adjoining the application site has an A1 use and is currently

being used as a barbershop. There is a first floor flat above the premises that is owned by the applicant. The terrace has a parking bay located in front of it.

2.0 The Application 2.1 The application proposes the change of use of a former barbershop (an A1

use) to a hot food take away (an A5 use). The hot food takeaway would operate between the hours of 11:00 – 23:00 Monday-Friday, 10:00 – 23:00 Saturday and 11:00 – 22:30 on Sundays.

3.0. Policy Context 3.1 The application has been considered having regard to Article 1 of the First

Protocol of the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

Planning Committee 02/11/2010

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3.2 This application has been considered in relation to Section 17 of The Crime and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme.

3.3 The application has been considered in accordance with the St Helens

Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

St Helens Unitary Development Plan GEN 1 ‘Primacy of the Development Plan’ GEN2 ‘Good Environments’ RET4 ‘Hot Food Shops, Restaurants & Cafés 4.0. Consultations 4.1 Highways Advisor: No objections 4.2 Environmental Health (Noise): No objections subject to conditions 4.3 Environmental Health (Pollution): No objections subject to conditions 5.0 Representations 5.1 The application was advertised by way of individual neighbour 17 letters that

were posted on 22nd September, one petition of 30 signatures and 7 letters of objection were received. They raised concerns on the following grounds:

- Don’t need any more hot food take aways on the block - Cars parking to use the premises will cause a traffic hazard - The proposals will affect business - The take away will be too near to my house - The proposal will affect the availability of parking spaces

6.0. Assessment 6.1 The application proposes the change of use of a vacant A1 barbershop to an

A5 hot food takeaway. The unit is located on the end of a mixed terrace of commercial and residential premises and is unallocated in the St Helens Unitary Development Plan. The proposal will allow for the re-use of a currently vacant commercial premises, and your officers consider that in principle the change of use would be acceptable.

6.2 The property that is the subject of this application also includes a first floor flat

and is adjoined by a commercial premises that is currently in use as a barbershop. The nearest independent residential property lies two doors away at 53 Park Road.

6.3 Policy RET4 in the Unitary Development Plan seeks to ensure that residential

amenity is protected from smells associated with hot food takeaways. Details of a fume extraction system have been submitted as part of the application and your officers consider that the proposed equipment is adequate to prevent smells causing a loss of residential amenity. The use of the equipment will be secured via planning condition.

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6.4 The proposed hot food takeaway has requested the following hours of

opening; 11:00 – 23:00 Monday-Friday, 10:00 – 23:00 Saturday and 11:00 – 22:30 on Sundays. Given that the nearest residential property does not immediately adjoin the site your officers do not consider that the activities being undertaken within the premises i.e. preparation and cooking would adversely affect residential amenity.

6.5 There is already an off license and a hot food takeaway located in the terrace

of properties, both of which are late opening. The off license is adjacent to 53 Park Road, the take away is located 2 doors away. Your officers consider that in light of the existing uses and their proximity to dwellings, any additional noise and disturbance caused by customers of an additional take away is unlikely to adversely affect existing levels of residential amenity.

6.6 Concerns have been raised regarding the effect of the development on the

viability of an existing take away. However, this is not a material planning consideration.

6.7 There is a lay-by in front of the premises and your officers consider that it

would be able to accommodate any increased number of vehicle borne customers using the takeaway without affecting highway safety.

7.0. Conclusions 7.1 The proposed development would allow for the re-use of a vacant commercial

unit. The use of ventilation equipment, proposed hours of opening and its location in relation to residential properties would mean that residential amenity is preserved. There is adequate on-street parking provision available in front of the premises.

8.0. Recommendation 8.1 Grant planning permission subject to the following conditions:

1. The development must commence within 3 years of the date of this notice

2. The premises shall not be used outside the following hours 11:00 – 23:00 Monday-Friday, 10:00 – 23:00 Saturday and 11:00 – 22:30 on Sundays or bank holidays

3. Details of the fume extraction system serving the cooking or/and food preparation areas shall be designed such that there will be no odour or noise nuisance to local premises and shall be approved in writing by the Local Planning Authority prior to the development taking place. The approved system shall be installed and shall be used at all times when the premises are used for cooking or preparing foods. The system shall be maintained and serviced in accordance with manufacturers recommendations.

4. The first floor flat associated with the premises shall only be occupied by the owner or an employee of the ground floor takeaway hereby approved.

9.0 Images

Planning Committee 02/11/2010

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