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					PLANNING COMMITTEE DATE 17/08/2009 APPLIC REF NO 2009/435/NT CASE OFFICER APPLICANT Peter Mansbridge UK EXPRESS DATE RECEIVED DATE OF EXPIRY 13/07/2009 07/09/2009

LOCATION AND DESCRIPTION OF PROPOSAL ------------------------------------------------------------------------------------------------------------77 CLIPSTONE ROAD WEST FOREST TOWN NG19 0ED CHANGE OF USE FROM SHOP UNIT TO TAKEAWAY FOOD OUTLET AND NEW GROUND FLOOR SHOP FRONT RESUBMISSION (2009/0284/NT) (9AM-8PM MONDAYSATURDAY AND 10AM-8PM SUNDAY) ------------------------------------------------------------------------------------------------------------RECOMMENDATION: GRANT PLANNING PERMISSION WITH CONDITIONS DESCRIPTION OF PROPOSAL AND APPLICATION SITE This application is reported to Planning Committee as it has received more than 3 letters of objection from members of the public. The proposal is in respect of the change of use of a shop unit (A1 use) to a hot food takeaway (A5 use) and a new shop front at No. 77 Clipstone Road West, Forest Town. It is proposed to operate a pizza takeaway and delivery service. The proposed hours of opening are 9am to 8pm Monday to Saturday and 10am to 8pm on Sundays and Bank Holidays. The application is a resubmission of application 2009/0284/NT, but with revised proposed opening hours. The proposed opening hours for 2009/0284/NT were 3.30 pm to 10.30pm Monday to Friday and 3pm to 10.30pm on Saturdays, with no opening on Sundays and Bank Holidays. The proposed alterations to the shop front at ground floor level involve the relocation of the customer door at the centre of the unit, new shop windows and a delivery door to the right of the customer door. Number 77 Clipstone Road West is an end terrace unit comprising a currently vacant A1 use shop unit at ground floor level with storage and a staff toilet at first floor level. The building was previously used as general gift and accessories shop. The unit is located in the Clipstone Road West local centre, situated between a betting shop at 75 Clipstone Road West and a convenience store at 79 Clipstone Road West. There are two existing hot food takeaways in the local centre at 67 and 97 Clipstone Road West. These are long established having been in operation for over 20 years. Residential properties are located on the opposite of the street. It is understood that the first floors of 79 and 81 Clipstone Road West are also in residential use.

PLANNING COMMITTEE DATE 17/08/2009 RELEVANT SITE HISTORY 2002/0398/ET – application for retention of shutters to shop front – Granted Planning Permission with Conditions 17 th February 2002. 2009/0284/NT – application for change of use from shop unit to takeaway food outlet and new ground floor shop front. – Refused Planning Permission 2 nd July 2009 on the grounds that the proposed hot food takeaway would be detrimental to the reasonable amenity of residential occupiers in the locality of by reason of increased activity, noise, litter and vehicle movements outside of normal working hours. Hot Food Takeaways with late night opening have been consistently refused in the Clipstone Road West local centre since 1990:     2000/0198/ET – 71 Clipstone Road West – Change of use to hot food takeaway – permission refused 2000//0106/P – 83 Clipstone Road West – Change of use from flower shop to Chinese food takeaway – permission refused. 1996/0557/P – 99 Clipstone Road West – Change of use to hot food takeaway – permission refused 1990/0562/P – 89 Clipstone Road West – Change of use to Café with takeaway facilities and home delivery service – permission refused.

Planning Permission was subsequently granted for a hot food takeaway at 89 Clipstone Road West under planning permission 1995/0200/P and the hours of opening were extended in 1997 (1997/0234/P) to 0800 – 2000 Monday to Saturday inclusive, with no working on Sundays or Bank Holidays, with the hours the premises shall be open to the public restricted to 0800 to 1900 Monday to Saturday inclusive and not open to the public on Sundays or Bank Holidays.

OBSERVATIONS RECEIVED Throughout this report observations received in respect of each application are presented in summary form. The full letters and consultation responses received, including details of any non-material planning observations, are available for inspection both prior to and at the meeting. Anyone wishing to make further comments in relation to the application must ensure these are received by the Council by 12 noon on the last work ing day before the date of the Committee. 1) Head of Operations – Highways No Highway Objections 2) Nottinghamshire County Council – Highways

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No Highway Objections 3) Environmental Health Manager No objections in principle, however, the following condition should be attached: ‘No development shall commence until details of the ventilation system has been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details.’ 4) Nottinghamshire Police Crime Reduction & ALO No Objections 5) Members of the Public Objections have been received from 8 properties. In addition a letter of objection has been received from Forest Town Community Council. The objections are summarised as follows: ● ● ● ● ● The proposal will increase the level of anti-social behaviour in the local area. The proposal will increase litter and waste food in the local area. The proposal will be detrimental to highway safety and will result in increased parking problems and congestion on Clipstone Road West. Existing takeaways in Forest Town are sufficient for local demand. Proposal will not help to sustain vitality of Clipstone Road West local centre.

A letter of support for the application has been received from Alan Meale M.P A petition in support for the application containing 44 names was submitted with this application. POLICY & GUIDANCE Saved Policy R3(A) of the Adopted Mansfield District Local Plan states that within the defined Clipstone Road West local centre planning permission will be granted for shopping development (Use Class A1) and associated facilities (Use Class A2 and A3) where they would sustain and enhance the vitality and viability of these centres. Saved Policy R7 of the Adopted Mansfield District Local Plan states, in summary, that planning permission will only be granted for retail developments which are consistent with the size of the defined centre which it is situated, integrate with the existing pattern of settlement and land uses without reducing residential amenity, have a high standard of design and incorporate characteristics which make a positive contribution to the townscape. The Council’s Hot Food Takeaway Premises Development Control Guidance Note reaffirms the objectives contained within policy R7 of the Local Plan and outlines the issues which are taken into consideration when determining planning applications to change the use of a property into a hot food takeaway.

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ISSUES The key issues in respect of this application are: - The principle of a hot food takeaway use in the location proposed. - The impact upon the Local Environment and Residential Amenity - The impact upon highway safety. Principle of change of use The property is situated in the defined Clipstone Road West local centre and on this basis the proposal must be assessed against Saved Policy R3(A) of the Adopted Mansfield District Local Plan which relates to the vitality and viability of local centres. In addition concern has been raised from members of the public with regard to the potential for a loss of vitality to the Clipstone Road West local centre. It is considered that the proposed hot food takeaway use is in compliance with Policy R3 (A) as the proposed use is classified as an associated facility for local centres in the subtext of the policy. I am also satisfied that the proposed use will not have a detrimental impact upon the vitality and viability of the Clipstone Road West local centre as a large proportion of the retail units in the Clipstone Road West local centre remain in A1 use. In addition, it is proposed that the takeaway be open to the public during daytime hours thereby removing concerns that the application property would consist of ‘dead frontage’ during the core shopping hours of the day. Although there is an objection relating to the existing takeaways in Forest Town being sufficient to cater for local demand, competition between similar uses is not a material planning consideration that can be considered in the determination of this planning application. The impact upon the Local Environment and Residential Amenity A previous application for a hot food takeaway with late night opening until 10.30 pm at this property (2009/0284/NT) and several previous applications for hot food takeaways with late night opening at various properties in the Clipstone Road West local centre since 1990 have been refused planning permission. The reasons for the refusals were that the uses were considered to be detrimental to the reasonable amenity of residential occupiers by reason of increased activity, noise, litter and vehicle movements outside of normal working hours. This proposal is to open to the public no later than 8pm thereby removing the potential for the proposal to have a detrimental impact upon the amenity of neighbouring occupiers outside of normal working hours. Whilst the situation regarding residential amenity is finely balanced, with residential properties in close proximity directly opposite the application property, the granting of planning permission for a takeaway in 1995 at 89 Clipstone Road West, with hours of opening to the public restricted to 7pm in 1997, would make a refusal of the current application on the grounds of residential amenity very difficult to sustain.

PLANNING COMMITTEE DATE 17/08/2009 The Clipstone Road West local centre comprises a variety of building styles and shop fronts. The proposed alterations to the shop front of 77 Clipstone Road West are not considered detrimental to the visual appearance of the shop or the character of the local area. Two recurring concerns from members of the public with regard to this application are the potential for an increase in food waste and litter, and anti-social behaviour in the vicinity of the application property. However, there are no objections from Nottinghamshire Police’s Crime Reduction and Architectural Liaison Officer with regard to potential anti-social behaviour issues and no objections from the Council’s Environmental Health Manager, subject to a condition regarding details of the proposed ventilation system. Impact upon Highway Safety Although the property is located on a classified road (B6030), there are no highway objections to the proposal from either the County Council, as Highway Authority, or from the District Council’s Head of Operations. Whilst the proposal is likely to alter the frequency and pattern of trips to the application property, it is not considered that the proposal will result in a significant increase in traffic volume on the surrounding highway network. With regard to parking, the peak period of business for the takeaway is likely to be between 6pm and 8pm, by which time the majority of surrounding shops and businesses would have closed for the day and therefore the limited availability of on-street parking will not be over stretched. CONCLUSION It is considered that the proposal is in accordance with the objectives of Saved Policies R3 (A) and R7 of the Adopted Mansfield District Local Plan and therefore it is recommended that planning permission be granted. RECOMMENDED CONDITIONS/REASONS/NOTES SUMMARY OF REASONS FOR DECISION In the opinion of the Local Planning Authority, the proposal is considered to be in accordance with Saved Policies R3 (1) and R7 of the adopted Mansfield D istrict Local Plan. The development will not cause a detrimental impact upon the character of the surrounding area, the residential amenity of neighbouring occupiers or highway safety, and there are no other material considerations that indicate that a decision should be taken at variance with the above policies. (1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. (1) Reason: In accordance with Section 91(1) of the Town and Country Planning Act 1990, as amended by S51(1) of the Planning and Compulsory Purchase Act 2004. (2) This permission shall be read in accordance with the following plans: Plans and Elevations Drawing No. A/0409/902/1 received 05/08/2009

PLANNING COMMITTEE DATE 17/08/2009 The development shall thereafter be undertaken in accordance with these plans unless otherwise agreed in writing by the Local Planning Authority. (2) Reason: To define the permission, for the avoidance of doubt. (3) The hours of working of the hereby approved takeaway shall be restricted to 8am to 9pm Monday to Saturday inclusive, and 9am to 9pm on Sundays and Bank Holidays, with opening hours to the public restricted to 9am to 8pm Monday to Saturday inclusive and 10am to 8pm on Sundays and Bank Holidays, unless otherwise agreed in writing by the Local Planning Authority. (3) Reason: In the interests of the reasonable residential amenity of adjoining occupiers, in accordance with Saved Policy R7 (28/09/07) of the adopted Mansfield District Local Plan. (4) No development shall commence until details of the ventilation system has been submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be undertaken in accordance with the approved details. (4) Reason: In the interests of public safety.

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