Agenda item

242748 - 30 SOUTH STREET, LEOMINSTER, HEREFORDSHIRE, HR6 8JB

Proposed alterations to and change of use of existing building to allow occupation for Class E(b)/sui generis (hot food takeaway) use, including the provision of designated car parking area and alterationsto existing elevations.

Decision:

Application approved, in accordance with the officer recommendation and a change to to the conditions.

Minutes:

Councillor Mark Woodall acted as local ward member for the following application.

 

The senior planning officer provided a presentation on the application and the updates/representations received following the publication of the agenda.

 

In accordance with the criteria for public speaking Ms Hannah, spoke on behalf of Leominster Town Council and Mr Peach, the applicant's agent, spoke in support of the application.

 

Councillor Dave Davis left the meeting at 12:24 p.m.

 

In accordance with the council’s constitution the local ward member spoke on the application. In summary, he explained that the application saved a prominent and historic building in Leominster. The new restaurant in Leominster would also help to create footfall in the town and provide a social location for people to meet in the town. There were concerns regarding the application relating to traffic, litter, pests, noise and impact on dietary health. A number of mitigations or conditions were in place to overcome concerns relating to noise, litter and pests. However, concerns regarding the impact on public health posed by fast food remained. It was understood that the food franchise responsible for the application was developing a healthier menu. It was noted that there were a number of other takeaways in the locality but the present application was exempt from rules relating to the concentration of fast food restaurants due to its location within the town centre. The additional highway movements that the restaurant would generate would be in a location which was already busy with traffic attending supermarkets and nearby car parks; the speed of cars within the area was generally slow. The small car park attached to the restaurant was not for customer parking and would ensure that there was no deliveries or service vehicles for the restaurant utilising the public highway. There was concern regarding the noise impact from the site, in particular deliveries occurring overnight causing a disturbance and adversely impacting residential amenity. It was requested that a condition be added to restrict nighttime delivery. It was explained that the building had been in a very poor condition and that the current proposal would ensure that the historic building was restored with elements that were sympathetic with the original design and distinctiveness of the building. It was noted that the proposal was compliant with the Leominster NDP.

 

In accordance with the council's constitution, the adjoining ward member spoke on the application. In summary, she explained that a number of representations had been received locally for and against the application. It was pleasing the building would be restored and occupied and further applications that would make use of the foyer and frontage. Conditions concerning car parking at the rear of the building, noise, litter and pests were supported. The timings of deliveries to the store and the impact on local residential amenity were concerning. It was noted that the local water provider had recommended grease traps to avoid grease from the restaurant entering the local drainage system; a condition to require the installation of grease traps was supported. The replacement of the Beech tree which had previously been present on the site was welcomed and conditions regarding the exterior signage were supported.

 

The committee debated the application and was divided as to the acceptability of the proposals; the following principal points were raised:

 

  • The renovation and restoration of an iconic local building was supported;
  • There was concern that noise generated by night time deliveries to the store would impact adversely on residential amenity;
  • It was felt that the time period in condition 8, years for the planting of replacement trees, should be extended up to 15 to ensure appropriate landscaping of the development into the future;
  • The inclusion of a condition requiring the provision of grease traps at the restaurant was supported to avoid the restaurant having an adverse effect on the local waste water infrastructure;
  • There was concern regarding the detrimental impact on the health of children and local people posed by local fast food restaurants and takeaways.

 

The development manager provided the following points of clarification;

 

  • A condition that prohibited nighttime deliveries could be imposed. However, there would need to be consultation with the applicant to determine how deliveries could be made whilst avoiding nighttime hours. The final details of a condition relating to a prohibition of nighttime deliveries would be subject to consultation with the local ward members and the chairman of the planning committee;
  • A condition could be added to use and maintain grease traps at the restaurant;
  • An extension of the period of up to 15 years for the planting of replacement trees in condition 8 could be included in the permission.

 

The local ward member and the adjacent ward member were given the opportunity to close the debate.

 

Councillor Bruce Baker proposed and counsellor Richard Thomas seconded a motion that the application be approved with a change to the conditions as set out below:

 

  • No nighttime deliveries (the finalisation of the condition will be undertaken following consultation with the applicant, local ward members and the committee chairman)
  • The inclusion of a condition to use and maintain grease traps at the restaurant;
  • An extension of the period of time up to 15 years for the planting of replacement trees in condition 8.

 

The motion was put to the vote and was carried by a simple majority.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions, those conditions and changes to conditions set out above (no nighttime deliveries/grease traps/extension to tree re-planting) and any other further conditions or amendments to conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

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

           

2.

The development hereby approved shall be carried out strictly in accordance with the approved plans (Unnumbered Site location Plan (received 24/10/2024), 0000/2023/G121 Rev F – Proposed site plan, 0000/2023/G100 Rev E – Proposed GF general arrangement, 0000/2023/F100 Rev D – Proposed FF general arrangement, 0000/2023/G212 Rev D – Proposed external elevation A&B, 0000/2023/G213 Rev C – Proposed external elevations C&D) and the schedule of materials indicated thereon.

 

Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy, policies LANP6 and LANP14 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework.

 

3.

Prior to the first use of the development hereby approved, an Environmental Noise Assessment to include a survey of the existing noise levels on site (including night time), details of mechanical services equipment along with predicted noise levels with an impact assessment and appropriate mitigation for each of the identified noise sources shall be submitted to and approved in writing by the Local Planning Authority.

 

Works shall be carried out in accordance with the approved details and the development shall be carried out thereafter in accordance with the approved details.

 

Reason: To safeguard the amenity of the area in compliance with Policy SD1 of Herefordshire Local Plan – Core Strategy, policy LANP5 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework.

 

4.

Prior to the first use of the development hereby approved, details of each separate extract flue proposed, including the type of filtration system, length of internal ductwork, residence time of flue gases, height of terminus, and maintenance schedule, shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out thereafter in accordance with the approved details.

 

Reason: To safeguard the amenity of the area in compliance with Policy SD1 of Herefordshire Local Plan – Core Strategy, Policy LANP5 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework.

 

5.

Prior to the first use of the development hereby approved, a Litter Management Plan, including plans for the provision of public waste bins within the site and commercial waste generated from the site shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out thereafter in accordance with the approved details.

Reason: To safeguard the amenity of the area in compliance with Policy SD1, of Herefordshire Local Plan – Core Strategy, policy LANP5 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework.

 

6.

Prior to the first use of the development hereby approved, a Pest Control Management Plan shall be submitted to and approved in writing by the Local Planning Authority.

 

The development shall be carried out thereafter in accordance with the approved details.

 Reason: To safeguard the amenity of the area in compliance with Policy SD1 of Herefordshire Local Plan – Core Strategy, Policy LNAP5 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework.

 

7.

Prior to the first use of the development hereby approved, full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of the development shall be submitted to and approved in writing by the Local Planning Authority.

 

The covered and secure cycle parking facilities shall be carried out in accordance with the approved details and available for use prior to the first use of the development hereby permitted. Thereafter these facilities shall be maintained;

 

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

8.

All planting, seeding or turf laying in the approved plans (0000/2023/G121 Rev F) shall be carried out in the first planting season following completion of the development. Any trees or plants which die, are removed or become severely damaged or diseased within 15 years of planting will be replaced in accordance with the approved plans.

 

Reason: To ensure implementation of the soft landscaping approved by local planning authority in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy, policy LANP9 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework.

 

9.

The construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

 

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

10.

The use hereby permitted shall not be open to customers outside the hours of [0900 to 2300] Sundays to Thursdays and [0900 and 2330] Fridays and Saturdays.

 

Reason: To safeguard the amenities of the locality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy, policy LANP5 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework.

 

11.

The use of the car park as identified on plan number 0000/2023/G121 Rev F shall be carried out strictly in accordance with the submitted Car Parking Management Plan (Received 31/07/2025).

 

Reason: In the interests of highway safety and traffic management and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

12.

All servicing and deliveries to the site shall take place within the designated on-site areas as shown on the approved plans within the Car Parking Management Plan (received 31/07/2025).

 

Reason: In the interests of highway safety and traffic management and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

13.

All external soil and vent pipes, waste pipes, rainwater goods, boiler flues and ventilation terminals proposed shall be supplied or painted matt black and maintained as such thereafter.

 

Reason: To safeguard the architectural interest and character of the building as a non-designated heritage assets and the character of the Leominster Conservation Areaunder Section 16 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in accordance with policy LD4 of the  Herefordshire Local Plan -  Core Strategy, Policy LANP14 of the Leominster Neighbourhood Development Plan and the National Planning Policy Framework

 

14.

No surface water from any increase in the roof area of the building /or impermeable surfaces within its curtilage shall be allowed to drain directly or indirectly to the public sewerage system.

 

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment and to accord with policy SD3 and SD4 of the Herefordshire Local Plan – Core Strategy.

 

 

INFORMATIVES:

 

1.

The approved use should investigate an adequate grease trap to be fitted, in accordance with environmental health regulations, and maintained thereafter so as to prevent grease entering the public sewerage system.

 

The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com

 

The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011.  The presence of such assets may affect the proposal.  In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

 

In accordance with National Planning Policy Framework (Edition 11) and Technical Advice Note 12 (Design), the applicant is advised to take a sustainable approach in considering water supply in new development proposals, including utilising approaches that improve water efficiency and reduce water consumption. We would recommend that the applicant liaises with the relevant Local Authority Building Control department to discuss their water efficiency requirements.

 

2.

All nesting birds, their nests, eggs and young are protected by law

and it is an offence to:

 

·       intentionally kill, injure or take any wild bird

·       intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built

·       intentionally take or destroy the egg of any wild bird

·       intentionally (or recklessly in England and Wales) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.  The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

 

The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural England and the Council's

Ecologist.

 

3.

This permission does not authorise the display of any advertisements on the site (including any shown on the plans accompanying the application).  Separate application should be made to Herefordshire Council in accordance with the Town and Country Planning (Control of Advertisements)(England) Regulations 2007.

 

 

 

Councillor Woodall resumed his seat on the committee.

 

 

 

Supporting documents: