22 London Road, Purbrook, Waterlooville - Application Number 02

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22 London Road, Purbrook, Waterlooville - Application Number 02 Powered By Docstoc
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Application Number 02/51975/000 Site Address: Applicant: Agent: 8 week Date:

Ward: Purbrook

22, London Road, Purbrook, Waterlooville Mr M G Farrell Team 1 Hughes Ellard Limited Case Officer: Debbi Robinson 11/08/2002

Reason for Committee Consideration: At the request of the applicant Proposal: Change of use from A1 to A3. HDC Recommendation: REFUSE PERMISSION —————————————————————————————————————— 1 1.1 Site Description This property, which was until earlier this year occupied by a retail unit selling dolls and teddies, is situated on the east side of London Road Purbrook in a parade of shops consisting of 10 units. The unit is situated next to Refresh Computers to the south and residential properties to the north. The unit is identified as being situated in the adopted Havant Borough Local Plan as the Purbrook Local Centre which is used as a local shopping facility for the surrounding population. Relevant Planning History None relevant 3 3.1 Proposal The change of use of the existing A1 Class shop to an A3 Hot Food Takeaway including the installation of extract duct to the rear of the property. The sample menu provided suggests that the intended user would prepare Indian cuisine. Policy Considerations - SH8 (Other local shopping facilities: Maintenance of shop) GDD1 (General Development Control Policy) HBDWLP - D2 (Context and Local Distinctiveness) TC1 (Hierarchy of Centres) TC2 (Maintenance and Enhancement of Centres) TC11 (Control of Class A3 Food and Drink uses- Local centres and Other Areas) TC13 (Other local shopping facilities- Maintenance of shops) Supplementary Planning Guidance - The Control of Food & Drink (A3) Catering Uses January 2001. 5 Consultations HE - HE has no objection. HBLP

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HEH - Objects due to proximity of residential accommodation regarding problems of odour and disturbance. The submitted menu indicates a style of food within Food

Category 3 (High Odour/Grease Content) Therefore even with odour reduction methods, it is thought that a distinctive odour would be present and unsatisfactory for surrounding residential accommodation. There are also concerns over the height of the flue, which needs to be no less than 1 metre above roof level and concerns over the possible noise impact that the filtration systems could cause. 6 Representations Number 3 Summary: 6.1 Problems of odour close to residential properties Comment : HEH objects on these grounds. Large number of takeaways in the vicinity that cause problems of litter. Comment : Noted Parking Problems due to frequent customer movements Comment : HE has no objection on these grounds. Concerns about opening hours of the proposal Comment : Hours of use could be controlled by condition Concerns about fire damage Comment : Noted Hygiene problems Comment : Not planning issue. No objection from HEH on these grounds. No need for another takeaway in the area Comment : The Council is not in a position to assess whether there is a demand for a further takeaway in the locality and this is not a material planning issue. Planning Considerations The policies set out in the adopted and emerging local plans and the Supplementary Planning Guidance - The Control of Food & Drink (A3) Catering Uses January 2001 allow for in principle, the change of use of shops to hot food takeaways. However, permission should only be granted where the Authority is confident that the relevant criteria are likely to be met. In this instance, it is considered that the acceptability of the proposal turns on the following matters: (a) Is there sufficient justification for permitting the loss of an existing shop unit and would this affect the shopping function of the local centre? Would the proposal be likely to materially harm the amenities of neighbouring /nearby residential properties?

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7 7.1

(b)

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Policy SH8 in the HBLP and TC11 and TC13 in the HBDWLP seek to protect shops serving local needs. It is acknowledged that the unit that was used as and is now vacant due to the business moving premises. The application is not supported by any statement

that suggests that the shop is no longer a viable unit and therefore unable to be re-let for retail use in the future. Furthermore, the unit has not been vacant for a substantial period of time (6 Months). It is therefore possible that the premises could be used again for retail purposes and would serve local needs. Consequently whilst a hot food takeaway may be of some benefit to the local community, it is considered that there is insufficient justification at this time, to allow the loss of the retail unit which would prevent an opportunity for the premises to re-open as a shop serving the day to day needs of the local population. 7.3 In addition, if this unit becomes a takeaway it wo uld mean that 30% of the premises within the local centre (as defined in the adopted HBLP) would be in non-retail use. This would conflict with the Councils Supplementary Planning Guidance - The Control of Food & Drink (A3) Catering Uses January 2001, and Policies SH8 in the HBLP and TC11 and TC2 in the HBDWLP. In relation to the impact of the proposed use of the premises on the amenities of local residents, the HEH has advised that he is not satisfied that the proposed extraction system would be capable of preventing cooking odours from detrimentally affecting the occupiers of nearby dwellings. Furthermore, in the absence of the relevant information, he is unable to confirm that the noise generated by the operation of the extraction system would not be likely to harm the occupiers of the nearby residential properties. In light of this advice, it is apparent that the proposal conflicts with Policy SH8 of the HBLP, TC11 of the HBDWLP and the relevant criteria of the Councils Supplementary Planning Guidance - The Control of Food & Drink (A3) Catering Uses January 2001

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Finally, with regard to the provision of the flue to the rear of the property in relation to the proposed extraction system, it is not felt that the flue would cause the appearance of the building to be materially harmed to justify a refusal of permission on these grounds. _____________________________________________________________________________

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RECOMMENDATION:
That the Head of Development Control be authorised to REFUSE PERMISSION for application 02/51975/000 for the following reasons: 1 RNS The proposal would involve the loss of a shop capable of serving local needs and would result in a concentration of non-retail uses within the Centre which could be prejudicial to the shopping function of the centre as a whole. As a result, the proposal conflicts with Policy SH8 of the adopted Havant Borough Local Plan 1994, Policy TC13 of the emerging Revised Deposit Havant Borough District Wide Local Plan 1996-2011 and the Local Planning Authority's Supplementary Planning Guidance - The Control of Food & Drink (A3) Catering Uses January 2001. On the basis of the information supplied in relation to this application, the Local Planning Authority is not satisfied that the amenities of neighbouring and nearby residential premises could be adequately protected from the likely levels of cooking odours and noise generated by the use of the unit as a hot food take away. As a result, the proposal conflict with Policies SH8 and GDD1 of the adopted Havant Borough Local Plan 1994, Policy TC11 of the emerging Revised Deposit Havant Borough District Wide Local

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Plan 1996-2011 and the Local Planning Authority's Supplementary Planning Guidance - The Control of Food & Drink (A3) Catering Uses January 2001. _____________________________________________________________________________ Appendices: (A) Location Plan (B) Elevation of flue (C) Current Permitted Uses Plan _____________________________________________________________________________


				
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Description: 22 London Road, Purbrook, Waterlooville - Application Number 02