Agenda item

Change of use from greengrocers (use class A1) to mixed use as a sandwich shop/hot food takeaway (sui generis).

The Planning Officer, Lisa Morina gave a detailed presentation on the report relating to the abovementioned planning application, a copy of which had been circulated (for copy see file of minutes).  Members noted that the written report was supplemented by a visual presentation which included photographs of the site.  The Planning Officer, LM advised that Members of the Committee had visited the site and were familiar with the location and setting.  The application was for change of use from greengrocers (use Class A1) to mixed use as a sandwich shop/hot food takeaway (sui generis) and was recommended for approval.

The Planning Officer, LM noted the was a mix of shops and residential properties within the terrace and she explained that the application was retrospective following an enforcement complaint, the business having offered sandwiches and hot-food, with hot-food element now outweighing the sandwich provision.  It was explained that the food offered included hot and cold sandwiches, hog roasts, curries, not the usual A5 use.  She explained that there would be no external alterations to the property, other than signage which had been dealt with via a separate advertisement consent. The Planning Officer, LM noted that the hours of operation were up to 3.00pm at the latest, not a late-night A5 type of use, and added there were very limited internal alterations to the property.

The Planning Officer, LM noted no objections from the Durham Constabulary, the Highways Section or Environmental Health to the application.  She explained that three letters of objection had been received, two from one neighbour and one from the Local Divisional Members raising issues including: traffic; smells; quality of life; several takeaways already operating in the area; and a recent application for A5 use nearby having been refused.

Members were asked to note that as Local Plan policies were considered out-of-date then Paragraph 11 of the NPPF applied and on balance Officers felt that the adverse impact of the application did not outweigh the benefits and therefore recommended the application be approved, subject to the conditions set out within the report.  The Planning Officer, LM noted the conditions included reference to opening hours and for the flat to be only occupied by persons associated with the business.

The Chair thanked the Planning Officer, LM and noted as there were no registered speakers, she would ask the Committee for their comments and questions.

Councillor A Laing moved that the application be approved.  Councillor B Coult noted she had attended the site visit that morning and based upon the visit and the Officer’s presentation she would second that the application be approved.

Councillor D Freeman noted the objection raised by Local Members and asked as regards the refusal of an application for a hot food takeaway nearby, he speculated that refusal would have been on amenity issues and asked if so, why the application before the Committee was recommended for approval.  The Planning Officer, LM explained the previous application referred to had been for A5 use, including night-time hours of operation, with this application only operating up until 3.00pm and therefore would not have similar impacts to that previous application.

RESOLVED

That the application be APPROVED subject to the conditions as set out within the report.