EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 10 AUGUST 2012

12/0282/PP: CHANGE OF USE TO HOT FOOD TAKEAWAY AT: 66A MERRICK DRIVE, BELLSBANK

BY: MRS ARVINDER SANDHU

Report by Head of Planning and Economic Development

Click for Application Details: http://eplanning.east-ayrshire.gov.uk/online/centralDistribution.do?action=dispatch&caseType=Application&caseNo=12/0282/PP

EXECUTIVE SUMMARY SHEET

1. DEVELOPMENT DESCRIPTION 1.1 The proposal involves the change of use of the existing Class 1 shops use (of the (Use Classes) (Scotland) Order 1997) to a hot food takeaway use. Furthermore, the applicant proposes the installation of an extract flue which would be located on the western (rear) plane of the roof. The extract flue is hook shaped with the flue ‘mouth’ pointing towards the lower part of the roof and is to be finished in galvanised steel. 2. RECOMMENDATION 2.1 It is recommended that the application should be approved. 3. CONCLUSIONS 3.1 As indicated in Section 5 of the report the application is compliant with the Development Plan. Evidence has been submitted to satisfy the requirements of policy RTC 3 part (i) in that the proposal falls within Schedule 6 (ii) of the Local Plan. Furthermore, the proposal is considered to be sympathetic and will not be detrimental to the surrounding area given its location within the parade of shops, the set back nature of the nearest residential dwellings and the provision of the extract flue at the rear of the property. 3.2 The material considerations of this case, other than the comments of objectors, generally indicate that support can be given to the proposal. The comments of the objectors primarily relate to competition between business and an excessive number of hot food shops. Neither of these are a material consideration. The concerns over anti social behaviour would be a matter for

the police to address and the Councils Roads Division has no concerns regarding parking and road safety. The Environmental Health section has raised no concern over the extract flue or noise and smell from the use. It is acknowledged that such uses can bring a greater degree of disturbance to an area however in this case it is located within an existing parade of local shops and the nearest residential properties are across the road and set back thereby reducing such impact to an acceptable level. CONTRARY DECISION NOTE Should the Committee agree that the application be approved contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to Council as this would not constitute a significant breach of policy. Alan Neish Head of Planning and Economic Development Note: This document combines key sections of the associated report for quick reference and should not in itself be considered as having been the basis for recommendation preparation or decision making by the Planning Authority.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 10 AUGUST 2012

12/0282/PP: CHANGE OF USE TO HOT FOOD TAKEAWAY

AT: 66A MERRICK DRIVE, BELLSBANK BY: MRS ARVINDER SANDHU

Report by Head of Planning and Economic Development

1. PURPOSE OF REPORT 1.1 The purpose of this report is to present for determination an application for planning permission which is to be considered by the Planning Committee under the scheme of delegation as it is subject to more than 10 objections. 2. APPLICATION DETAILS 2.1 Site Description: The application site comprises a single storey brick building which is currently vacant having previously contained a newsagent. The site is located within the settlement of Bellsbank and forms part of a small grouping of commercial units that front onto Merrick Drive. The site is adjoined to the north by commercial units within the same row and further north by another larger individual commercial unit. To the east of the site is parking for the units, Merrick Drive and over on the other side of Merrick Drive is a row of terraced dwellings which sit on a more elevated level than the public road. To the south of the site is a vacant commercial unit separated by an access to the rear of the units. To the west, and rear of the property, is an area of hardstanding and open space. 2.2 Proposed Development: The proposal involves the change of use of the existing Class 1 shops use (of the (Use Classes) (Scotland) Order 1997) to a hot food takeaway use. Furthermore, the applicant proposes the installation of an extract flue which would be located on the western (rear) plane of the roof. The extract flue is hook shaped with the flue ‘mouth’ pointing towards the lower part of the roof and is to be finished in galvanised steel. 3. CONSULTATIONS AND ISSUES RAISED 3.1 Dalmellington Community Council has not responded to their consultation.

Noted.

3.2 East Ayrshire Council Roads and Transportation Service has no objections to the development.

Noted. 3.3 The Cumnock and Doon Valley Access Panel has not responded to their consultation.

Noted.

3.4 East Ayrshire Council Environmental Health Service has not objected to the application subject to the following provisions:

1. When completed the premises must comply with the requirements of The Food Safety Act 1990 and the secondary legislation made there under, namely Regulation (EC) no 852/2004.

2. Dependant on the food activities undertaken there must be sufficient

wash hand basins at suitable locations. There must also be an adequate number of sinks for cleaning/disinfection and also for the washing of food (where this is undertaken in the course of the business). In the case of this application the plans appear to show a single sink in the wash-up area with no separate provision being made for the washing of food. Proper cleaning and disinfection is a two stage process. In order to be undertaken sufficiently this will require a large double sink unit or alternatively a commercial dishwasher capable of cleaning and disinfecting all work tools and equipment. The sinks must be provided with an adequate supply of hot and cold water and be properly connected to the drainage system.

3. In addition there must be adequate food preparation and storage

areas, and toilet facilities must not open directly onto areas in which food is handled.

4. It should also be noted, that proposed Food Standards Agency

guidance specifically regarding the control of cross contamination may alter the current standards required of food businesses particularly in relation to the physical separation of raw food preparation from other food activities.

The proposal solely relates to the change of use of the premises and the provision of an extract flue. The internal layout of the premises and compliance with other legislation is not a material planning consideration and would be addressed through other consents the applicant must attain such as a building warrant and/or a license. An advisory note highlighting the requirement for such consents can be attached to any grant of consent.

4. REPRESENTATIONS 4.1 The proposal has been subject to 43 letters of objection which were received following neighbour notification and public advertisement of the proposals. Similar areas of concern have been raised by most objectors therefore a summary of comments that highlights each topic has been provided: Competition and number of takeaways 4.2 We already have food shops in our locality which are fully satisfying our needs. I think if a new food shop is opened it will directly affect the business of these people. 4.3 This would be in direct competition with other businesses offering the same services with only a limited catchment area. 4.4 Next door to the site we have a perfectly good fish and chip shop run by a local family, there is a fish and chip van in the area and within a 10 minute walk is an excellent Cantonese takeaway. In Dalmellington we have several takeaways including a Chinese, Indian, fish and chip and a restaurant. Most do deliveries. 4.5 At present there is a snack bar, an Indian, 2 Chinese, 2 chip shops, 2 coffee shops and the bakers all offering hot food to take away throughout the day and night, all within a half mile distance of this proposed development. There are also mobile food vans who operate within the village. There is also a public house offering food, a hotel which does meals and another pub which has requested permission for an extension to allow a restaurant. This is a substantial list within a small area and I don’t feel there is space for any more. 4.6 There are three retail outlets in Bellsbank at the moment. Two of the retail outlets are takeaway and the other is a shop. If this application were allowed this would leave us in the nonsensical situation of four retail outlets with three of them takeaway food outlets i.e.75%. Dalmellington has suffered huge depopulation over these last twenty or thirty years and suffers high levels of ill health and lack of amenity, particularly Bellsbank. When it was a thriving community of around 5000 people we had two fish and chip shops now we have the ridiculous situation where we have seven takeaway outlets in a community of 2,800 people. The community has approximately halved yet we have a four hundred percent increase in provision to the residential amenity. This is unsustainable and flies in the face of all that is ‘good planning practice’. If this goes through it will be number 8 which is ridiculous and we are way beyond the level of over provision.

Planning Circular 4/2009 clearly advises that the planning system operates in the long term public interest and does not seek to protect other properties or businesses from financial or other loss as a result of a development. On this basis the objections relating

to the number of hot food takeaways and potential impacts on existing businesses are not material considerations and carry no weight.

Parking/Roads 4.6 There will be increased traffic and double parking which will lead to traffic congestion as this is on a bus route with the potential for accidents. 4.7 Increased traffic rate of people travelling to and from the takeaway, reduced parking due to extra vehicles, increased chances of congestion, potential for more accidents due to more traffic and illegal parking and increased double parking.

The Roads Division has raised no objection to the proposal. Should illegal parking take place it would be for the police to pursue under their road traffic powers.

Residential amenity/Noise/litter/general disruption 4.8 Sound pollution from the premises will disturb the local community. As we know that these shops remain open till late hours, especially at the weekends, people stand outside the shops and make loud noises. That is the reason that take away shops are separated from the food and drink uses. 4.9 The smell of spicy food and oils will affect the health of the people living in the surrounding area. 4.10 Litter can also be a problem which arises from their spicy food cooking. 4.11 The late opening of such establishments can give rise to unsocial behaviour and noise nuisance can also be caused by food preparation and cooking. 4.12 I have to walk or drive past this area numerous times a day to get to my parents’ house. I will be reluctant to do this when youths will be hanging about especially late at night either outside the takeaway or on the road area. 4.13 As youths may be hanging around the area there will also be more vandalism and litter. 4.14 Noise from extractor fans, people coming and going and from takeaway delivery cars.

The Environmental Health Service has raised no concerns regarding the extract of cooking fumes. The flue is located at the rear of the building with dwellings 50 metres to the west on the same side as the flue and 30 metres to the east, on the opposite side to the flue. This is considered to be an acceptable separation distance to maintain a reasonable degree of residential amenity.

In terms of external noise and disturbance it is agreed that a degree of impact is likely to occur at times. Bellsbank is largely residential in nature however the site is located within a parade of local shops where commercial activity is likely to attract a higher degree of noise and disturbance. The nearest dwellings are on the opposite side of the road and set back from the road which creates a good separation from the very front of the shop. Any excessive noise, vandalism and disturbance would be a matter for the police to pursue. The opening hours of the takeaway would require to be addressed through the Councils Licensing section.

Other matters 4.15 Potential to reduce selling prices of local houses. 4.16 Increased rate of unhealthy eating. 4.17 Increased chance of rodents and other vermin due to increased

rubbish/waste/food scraps.

The impact on the price of houses and choices of eating establishments are not material planning considerations. There is a bin in close proximity to the site to address waste however dropping of litter is an anti social behaviour issue that would require to be addressed by the police.

5. ASSESSMENT AGAINST DEVELOPMENT PLAN 5.1 Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997 require that planning applications are determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of this application the development plan comprises the Adopted East Ayrshire Local Plan (2010). 5.2 Policy RTC 3 advises that the Council will be supportive, in principle, to changes of use from Schedule 6(i) use to alternative Schedule 6(ii) uses or to the redevelopment of gap or infill sites within town centres for Schedule 6(ii) uses but only where it can be conclusively demonstrated by the applicant/ developer that: (i) The properties or sites concerned have been actively and widely

marketed for Schedule 6(i) uses for a period of six months and that no appropriate Schedule 6(i) use for the premises can be found; and

(ii) The proposed development is sympathetic, in terms of its scale, design

and material finish to the character and amenity or the area concerned.

The current shop use falls within Schedule 6(i) and the takeaway use falls within Schedule 6(ii) of the Local Plan. The applicant has

provided information to demonstrate that the site has been actively marketed for a minimum of 6 months for an alternative Schedule 6(i) use. On this basis it is complies with part (i) of this policy. In terms of part (ii) it is considered that the extract flue on the gable wall of the building is not visually intrusive or out of scale given its size, design and location on the building. On this basis the proposal is compliant with part (ii) and therefore RTC 3 in full.

5.3 Policy RTC 15 states that development proposals for public houses and hot food take-aways will be considered acceptable uses within town centres, and may be considered appropriate in other locations, where the proposals:

(i) Meet with the Council’s design and layout policies; (ii) Meet with the requirements of the Council as Roads Authority (iii) Do not have a detrimental effect on the amenity of adjacent

properties by reason of noise, litter, odour or any other disturbance; and

(iv) Are compatible with surrounding land uses. There are no specific design or layout policies appropriate to this proposal. The Roads Division has no objections to the proposal. The location of the flue, provision of a bin and separation distances to residential properties allow this development to not have a detrimental impact on the amenity of the area. Given its location within an established group of commercial units it is considered that it is compatible with surrounding land uses. 6. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 6.1 The principal material considerations relevant to the determination of this application are the consultation responses, the impact on the amenity of the area and the representations. Consultation Responses 6.2 The consultation responses do not indicate that the proposal will raise any adverse issues. Representations Received 6.3 The points raised by the objectors primarily relate to a proliferation of food shops within the area and the impact that a further one could have on local business. Further points have been raised regarding residential amenity by way of smell and noise as well as the impact generally in the local area

given the issues associated with hot food takeaways such as noise and anti social behaviour. As already advised at section three above, the competition between, and number of, food shops is not a material planning consideration and carries no weight. The use is located within a parade of shops with residential property set back from the site on the other side of Merrick Drive. The impacts of the use on the surrounding area base don these circumstances are considered to be acceptable. Impact on amenity

6.4 The reuse of this vacant unit could improve the amenity and vitality of the local area by bringing an empty unit back into use. It is acknowledged that the use has a greater adverse impact on amenity than the previous newsagent use however the Environmental Health section have raised no concern about the flue/smells and the Roads Division have no concerns over parking and road safety. Given the site is within a local parade of shops and the nearest houses are across the road it is considered that any adverse impact on amenity will be kept to a minimum. 7. FINANCIAL AND LEGAL IMPLICATIONS 7.1 There are no financial or legal implications for the Council in the determination of this application. 8. CONCLUSIONS 8.1 As indicated in Section 5 of the report the application is compliant with the Development Plan. Evidence has been submitted to satisfy the requirements of policy RTC 3 part (i) in that the proposal falls within Schedule 6 (ii) of the Local Plan. Furthermore, the proposal is considered to be sympathetic and will not be detrimental to the surrounding area given its location within the parade of shops, the set back nature of the nearest residential dwellings and the provision of the extract flue at the rear of the property. 8.2 The material considerations of this case, other than the comments of objectors, generally indicate that support can be given to the proposal. The comments of the objectors primarily relate to competition between business and an excessive number of hot food shops. Neither of these are a material consideration. The concerns over anti social behaviour would be a matter for the police to address and the Councils Roads Division has no concerns regarding parking and road safety. The Environmental Health section has raised no concern over the extract flue or noise and smell from the use. It is acknowledged that such uses can bring a greater degree of disturbance to an area however in this case it is located within an existing parade of local shops and the nearest residential properties are across the road and set back thereby reducing such impact to an acceptable level.

9. RECOMMENDATION 9.1 It is recommended that the application should be approved. CONTRARY DECISION NOTE Should the Committee agree that the application be approved contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to Council as this would not constitute a significant breach of policy. Alan Neish Head of Planning & Economic Development 31 July 2012 FV DMcD List of Background Papers

1. Application form, plans and statutory notices/certificates; 2. Representations 3. Consultation responses 4. Adopted East Ayrshire Local Plan 2010 5. Circular 4/2009 Development Management Procedures . Anyone wishing to inspect the above papers should contact David Wilson, Senior Planning Officer on 01563 576779. Implementation Officer: David McDowall, Operations Manager

Location 66a Merrick Drive, Bellsbank, KA6 7TJ Nature of Proposal: Change of use to hot food take away Name and Address of Applicant:

Mrs Arvinder Sandha 62 62 Craiglea Crescent Bellsbank, KA6 7UA

Name and Address of Agent Architectural Tech (UK) Ltd

4 Greentree Park Ayr KA7 3SU

Officer’s Ref: David Wilson 01563 576779

The above application for planning permission should be approved. Advisory Note 1. It is recommended that the applicant make early contact with the Councils Environmental Health Department to discuss requirements under The Food Safety Act 1990, Regulation (EC) no 852/2004, sink provision, food preparation and storage areas, toilet provision and general layout issues. Reason for the Decision The proposal complies with the key policies of the development plan and the material considerations, on balance, do not indicate that the application should be refused contrary to the development plan.

TP24 East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No: 12/0282/PP