Agenda item

Change of use from B2 catering business to a restaurant/cafe A3.

Consideration was given to the report of the Senior Planning Officer regarding an application for change of use from B2 catering business to a restaurant/café A3 at 107A High Street, Carrville (for copy see file of Minutes).

The Senior Planning Officer gave a detailed presentation on the application which included photographs of the site. Members had visited the site and were familiar with the location and setting. 

Councillor D Southwell of Belmont Parish Council addressed the Committee. He advised that at a meeting on 4 February 2016 the Parish Council had considered the implications of the proposals, reviewed a number of letters of objection from local residents, had taken into account the statement of the Highways Officer and listened to the concerns of an occupant of a nearby property who had attended the meeting to make representation. The resident expressed concern that she was unable to park outside her own property as it was blocked by other vehicles.

Most of the residents’ objections were based on their personal experiences pf parking on the street and the Parish Council unanimously agreed with their objections, the main reason being the adverse impact of the increase in traffic if the business classification changed from B2 to A3.

The Highways Officer had submitted photographs showing unoccupied parking but this was subject to change all the time. The demand on spaces to serve the business and parking on the street could affect existing businesses. Residents were aware of the increase in the use of vehicles using the High Street to link with the A690 and A1 junction and despite Keep Clear markings at many entry/exits, access onto the main road could be difficult. Any highway measures to improve visibility and safety at the junction next to 107a High Street would be welcomed. The proposals were contrary to Policies T1 and  S7  of the Local Plan and the Parish Council asked that the application be refused.

Councillor Conway advised that he had asked for the application to be reported to Committee because of the highway issues. The use of the street had increased significantly over the last 10-13 years and the photographs shown as part of the Officer presentation had been taken at a time when traffic was light. The café could provide 28 covers and the additional number of vehicles would therefore be significant. The premises were outside the main commercial centre of that street in a residential area. The Officers acknowledged that many of the complaints lodged were about odours which residents felt had not been adequately addressed and were concerned for the future. He asked the Committee to consider residential amenity and the concerns expressed in relation to highway safety.

Councillor Moir advised that he could relate to the points made by Councillor Conway and the Parish Council. Highways Officers had argued that this was a busy thoroughfare and therefore could sustain an increase in traffic, however he considered this to be a counter argument. Members had seen on the site visit that Wantage Road, a nearby residential street was used as a through way and that this was an area of Belmont which was near to local schools which exacerbated the problem.

In response the Senior Planning Officer advised that the business was in a sustainable location, being surrounded by a residential area which was accessible both on foot and by bus. The business was not solely reliant on cars visiting the cafe. The street already had a number of commercial properties and the existing business was an unrestricted B2 use. Concerns about odours could be addressed through condition and the hours of operation would be controlled. A number of visits had been made by Officers at different times of the day and parking had never been at full capacity.

Councillor Davinson advised that on the site visit he had observed that disabled access would be difficult, access being by a small ramp and large steps.

The Senior Planning Officer had spoken to colleagues in Building Control who had advised that subject to inspection of the site plans it may be possible to work with the applicant to install a ramp, and this could be included as a condition.  

In response to comments from Councillor Clark the Member was informed that the timescale for commencement of the new business was unknown but it was understood that the applicant wished to reduce the hours and intensity of work.

Councillor Freeman considered that the change of use would be of some benefit to local residents in terms of odours, and to some extent would benefit the local community, however Carrville High Street was extremely busy and the proposed change of use would encourage more cars into the location. The benefits were therefore outweighed by the highway issues and he supported the views of the Parish Council and local Members.

In terms of the highway safety issues Councillor Lethbridge considered that traffic problems were historic and were inflicted upon streets not designed for this level of use, and this situation would not change. The concerns of his colleagues mainly related to highway issues but the mixed character of the street should be taken into account. There was a diversity of usage on the High Street. According to Officers the change of use would bring about a reduction in the level of operations and if this was the case there would be less traffic. Although he had not yet made a decision he was erring towards support of the Officer’s recommendation.

The Highway Development Manager stated that as a B2 use there was an existing demand for parking and he was of the view that a local café use A3 would generate less demand.

Councillor Conway however was of the view that the primary use of the building was as a wholesale business and therefore the café would arguably generate more traffic and moved refusal of the application.

The motion was seconded by Councillor Moir.

The Members discussed the grounds on which the application should be refused and considered that the proposed change of use was contrary to policies T1 and S7 of the Local Plan.  

By way of clarification the Solicitor – Planning and Development advised that currently there were amenity impacts associated with the established use B2 which could potentially be intensified as planning permission would not be required for any changes to operations. Therefore in determining the application consideration should be given to the amenity impacts the proposed change of use to A3 may have over and above the impacts of the existing use B2.

The Senior Planning Officer confirmed that the existing B2 use was unrestricted and the business could be converted to another B2 use (general industry) without the need for planning permission which could give rise to the potential for further highway issues. The proposed change of use to A3 would be restricted.

Upon voting on the application it was

Resolved:

That, by the Chairman’s casting vote, the application be approved subject to the conditions outlined in the report.