For:      Mr. M. Meophytou per John Farr and Associates, Fincham, Stockley   Hill,   Peterchurch,   Hereford, HR2 0SS

To consider an application which has been referred to the Committee because the Central Area Planning Sub-Committee was mindful to refuse it contrary to recommendation. 

Ward: Credenhill

The Central Team Leader presented the report of the Head of Planning and Transportation.  He said that at its meeting on 4th March, 2009, the Central Area Planning Sub Committee was mindful to refuse the application on the following grounds, contrary to Council policy and officer advice:-

1.            harm to the residential amenity of the residents in the area particularly those above and adjacent to the premises;

2.            harm the character of the area in terms of social activities outside normal business hours;

3.            increased noise and litter;

4.            emanating fumes and odours; and

5.            fear of crime.

The Central Team Leader provided details of updates / additional representations received following the publication of the agenda as follows:

The Head of Environmental Health had provided the further comments: -

I can advise that this Service is not aware of any complaints about the extraction system at a nearby restaurant. We have however in the past dealt with noise from food preparation carried out on an unauthorised structure at the back of this restaurant, and have investigated complaints about noise from refrigeration units at a general/convenience food shop located within the shopping arcade. Although investigations did not substantiate the existence of noise nuisance from these units some noise attenuation works were done at the time to try and appease the situation. The information provided with the above application indicates that odour and noise from the proposed extraction system will be effectively controlled, however I am still seeking some clarification on the predicted noise levels.

The local Police Officer and CSO had reported that there is anti social behaviour in Credenhill that seems to focus on this area and that this may increase with a chip shop.

OFFICER COMMENTS

Taking into account the advice of the Environmental Health Manager regarding noise and odours, the view of the Officers was that the matter could be reasonably dealt with by the installation of a suitable extract ventilation system.  Condition No 4 in the recommendation of the report addressed this.

With regard to crime/anti social behaviour it was clear that this could be a material planning consideration and UDP Policy DR2 refers to this issue. There are remedies available through licensing and law enforcement.  To refuse planning permission on this ground would require clear evidence that the permission would result in law breaking routinely occurring in the vicinity, and that conditions could not be imposed that would remedy the problem.  In this case the opening hours proposed would involve a closure at 11.00 pm, which coincided with the opening hours of the adjoining shop, and a condition was recommended to cover this.  Additional recommended conditions also required a litter management plan and external lighting. Having regard to this, the Officers do not consider that a refusal of permission on this ground could be justified.

Councillor RI Matthews, the Local Ward Member said that a chip shop in a shopping area might appear acceptable but that with the full facts, he felt unable to support the application.  He was disappointed with the comments of the Environmental Health Manager and felt that the impact on the properties to the rear of the centre had been underestimated.  Occupants had found that they could not leave their windows open in the warmer weather due to the noise from extractor fans and refrigeration units on the existing premises.  He was of the view that the situation would be made worse if there was an additional shop with an extraction unit. He also felt that the system for the proposed chip shop might not adequately control fumes and odours.  He was also concerned that the proposal would exacerbate the already existing parking difficulties associated with the parade of shops.  There had been issues with anti-social behaviour in the locality, requiring additional police patrols, and this particular type of use could increase the difficulty.  Litter problems were also likely to increase in the vicinity of the chip shop.  Councillor Matthews proposed that the application should be refused on the grounds recommended by the Central Area Sub-Committee.

Councillor GW Greenow concurred with the view of the Local Ward Member, he felt that although it was difficult to know to what degree there would be anti-social problems until the premises were operational, the Ward Member was best placed to use his local knowledge and give a view on the likely situation.  Councillor B Hunt also supported this view, he said that the Police already had concerns about anti-social behaviour increasing and that their concerns needed to be heeded. The local residents had also raised a number of issues that needed to be taken into account and he felt that there was already adequate provision for take-away food in the area.  Councillor H Davies also had concerns about youngsters congregating in the area late at night and the additional problems of litter that could be generated.  The demands for take-away food were already met by another shop.

The Head of Planning and Transportation said that although material concerns had been raised about the application, the Committee needed to give careful consideration to the weight they gave to those concerns in relation to a new enterprise in an existing local shopping centre.  The view could be taken that it was not an ideal situation but that alternatively, bringing a local shop back into use in a sustainable location should be encouraged as long as it met the appropriate conditions.  He emphasised that in the case of this application there were conditions proposed which addressed the concerns which had been raised about external lighting, hours of opening, the potential environmental impact and the way in which litter was dealt with.  He said that the Traffic Manager had no objection to the proposal and that it would not be appropriate to impose any conditions in respect of car parking.

Councillor PGH Cutter noted the popularity of take-away food outlets during economic downturns.  He noted the concerns that had been raised but felt that this was a retail outlet in a parade of shops.  Modern extraction systems should not create too much noise and he felt that if the Police had any concerns about anti-social behaviour they should deal with them.  He therefore recommended that the application should be approved.  Councillor JE Pemberton was in agreement and Councillor RV Stockton was of the view that it would not be appropriate to restrict trade in a local shopping centre by refusing the application.

The Committee discussed all the issues that had been raised about the application and the way in which the objections could be met. There was also a discussion about the opening hours  which should be permitted and in particular whether there should be any restrictions late at night, on Sundays or on bank holidays.

A motion that the application should be refused on the grounds recommended by the Central Area Planning Sub-Committee was lost.

The Committee concluded that in the interests of local residents the hours of opening should be limited to 10:30 pm and that no opening should be permitted on Sundays.  Discussion centred upon whether there should be any restrictions on Bank Holidays and it was felt that opening was acceptable on such days.

RESOLVED

That planning permission be granted subject to the following conditions:

1.      A01 (Time limit for commencement (full permission)).

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2.      The use hereby permitted shall be open to customers between the hours of 1130 to  1400  and 1630 to 2230 Mondays to Saturdays and Bank and Public Holidays but shall exclude all Sundays.

         Reason: To safeguard the amenities of the locality and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

3.      Prior to the commencement of development, a litter management plan shall be submitted to and approved in writing by the local planning authority.  The management plan should include the provision of litter bins on the premises and infrastructure relating to regular litter patrols.  The approved details shall be implemented prior to the first use of the premises which shall thereafter be operated in accordance with the management plan.

         Reason: In the interest of amenity of the area and in accordance with Policy DR1.

4.   Notwithstanding the details submitted, prior to the use commencing, full details of the extraction ventilation system shall be submitted for approval in writing of the local planning authority.  The approved details shall be installed in their entirety and appropriately maintained.

         Reason: In the interest of amenity of the area and in accordance with Policy DR1.

5.      A scheme for the provision of external lighting for the front of the premises shall be submitted to and approved in writing by the local planning authority prior to the use commencing.  The lighting shall be installed in accordance with the approved details.

Reason: In the interest of amenity of the area and in accordance with Policy DR1.

Informatives:

1.      N19 - Avoidance of doubt - Approved Plans.

2.      N15 - Reason(s) for the Grant of PP/LBC/CAC.