Agenda item

Report Attached

Appendices 1 – 5 attached

Consideration was given to planning application 22/0080/COU

9 St Peters House, Pavilion Shopping Centre, Thornaby, Stockton-On-Tees

 

The application site was a ground floor unit within Pavilion Shopping Centre, Thornaby and was currently in use by Jalz Hairdressers within Class E use as a retail premise.

 

Planning Permission was sought for the Change of Use of the premise to a hot-food takeaway within the Sui Generis planning use class and the unit occupied 85m2 of floorspace. The proposed works would include provision of a new shop front, external extraction systems to the rear of the unit and alterations to the internal layout of the unit; all of which were to accommodate the proposed use.

 

Whilst it was acknowledged that there were other food outlets within Thornaby District Centre and Thornaby Pavilion Shopping Centre, it was considered that the proposed hot foot takeaway would not lead to an overconcentration of hot food takeaways within the Pavilion Shopping Centre or Thornaby District Centre. In addition to this, it’s associated impacts would not significantly worsen the existing impacts of the retail centre or its users and the scheme was also not considered to have an adverse impact on the character of the area or highway safety.

 

The consultees that had been notified and the comments that had been received were detailed within the main report.

 

Neighbours were notified and the comments received were detailed within the main report.

 

The planning policies and material planning considerations that were relevant to the consideration of the application were contained within the main report.

 

The Planning Officers report concluded that the proposal did accord with the wider aims of National and Local Planning Policy. The scheme was also not considered to have an adverse impact on the character of the area, amenity of nearby premises or highway safety.

 

It was considered therefore that the proposal constituted sustainable development which would provide economic and social benefits and by the imposition of conditions would protect the users of the surrounding area. The proposal was therefore considered to satisfy the provisions of the National Planning Policy Framework and be in accordance with the Development Plan when taken as a whole. It was recommended that planning permission be granted with conditions for the reasons as detailed within the main report.

 

Objectors attended the meeting and were given the opportunity to make representation. Their comments could be summarised as follows:

 

- There was already a high concentration of fast-food outlets in the area, as well as 2 cafes and 2 bakeries serving hot food.

 

- The premise fell within 400 metres of school premises.

 

- The outlet for the ventilation would be positioned behind the window of a sports facility.

 

- The proposed premises was currently operating as a successful hairdressing salon and had done so for over 40 years; the change of use could affect 5 people’s jobs.

 

- The Salon was used by many people and had loyal staff and customers.

 

- The change of use to a fast-food outlet was not very good for public health and would not improve the local economy.

 

- There were 2 other outlets with ‘To Let’ signs available which could have been utilised for a fast-food outlet.

 

- It was believed that the current tenant was in talks with the landlord in relation to a new lease.

 

- Comments were made stating that neither the tenant nor the landlord had been notified of today’s Planning Committee meeting.

 

- A fast food outlet would create noise, littering, smells, and potentially more work for the local authority.

 

- Current fast-food outlets / takeaways were creating a lot of traffic movement in Thornaby Centre which was not what had been envisaged for the town in the 1990’s.

 

- The current tenant had moved into the premise 45 years ago when the unit was an empty shell. There were no electrics or plumbing and the tenant spent in the region of £100,000 fitting the unit out.

 

- The tenant found out 3rd hand that the landlord was submitting plans to change the use of the unit to a fast-food outlet.

 

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows: -

 

- The Planning Services Manager appreciated that there was a number of food outlets within Thornaby Town Centre however there was not an over concentration of takeaways, it was also explained that it was common practice to direct fast-food / takeaways to town centre locations, minimising the impact on surrounding residential areas.

 

- Where comments had been made relating to the close proximity of the premise to a local school, Officers explained there was no policy in the Local Plan relating to the proximity of fast-food / takeaway outlets to schools.

 

- The extraction system was to be a grill located above air conditioning units and Officers were confident that all odours would be taken away.

 

- Officers sympathised with the current business owner and appreciated the possible impact on his staff, however this was not a material planning consideration.

 

- If the application was approved, this did not necessarily mean the landlord would turn the premise into a takeaway.

 

- It was confirmed that the landlord and the tenant had been notified of the Planning Committee meeting, both parties had received due notification.

 

- In terms of concerns raised relating to Anti-Social Behaviour, the local police authority had not provided any comments / raised concerns, therefore this would not be grounds for refusal.

 

Members were given the opportunity to ask questions / make comments. These could be summarised as follows: -

 

- Concerns were raised relating to how another takeaway would affect the viability of the Town Centre.

 

- If the application was granted there would be a takeaway delivery service in operation with cars continually pulling in and out of the.

 

- Staff at the current business would be affected by this change of use.

 

- Councillor Sylvia Walmsley informed the Committee that the current occupier of the premise had not been contacted directly and that she herself had notified him.

 

- The current occupier had been a supporter of Thornaby Town Centre for over 45 years and his establishment was top class and it would be a massive mistake to get rid of a vibrant and flourishing business which brought customers into the town.

 

- Takeaways should be directed towards town centres and not residential estates.

 

- The current landlord had notified the tenant on Christmas Eve to say the lease would not be renewed.

 

- It was wrong and immoral to potentially change this business to a fast-food takeaway, there were already enough in the town and getting rid of a viable business which attracted people to the centre of Thornaby seemed a backward move.

 

- Clarity was sought as to whether a sports facility was above the application site, and if so, would there be a need for pipes for the extraction grill to go up through the sports facility, and what would the impact on noise levels be?

 

- Questions were raised as to how the street scene would be impacted from additional refuse?

 

- Members asked if a loss of amenity could be used as a reason for refusal?

 

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows: -

 

- The facility above the application site was a gaming station not a sports hall.

 

- Regarding fume extraction, there wouldn’t be a flu as the extraction would come out from a grill to help with the dispersion. Officers had requested significant pre-treatment and raised the standard of odour abatement so what came out was much less in terms of odour. The grill would be located above the extraction units which meant noise levels would be similar to what was already there.

 

- In terms of additional refuse and the impact on the street scene, there was a designated refuse area at the rear of the shopping centre which had a turning circle allowing for refuse collection, the only change would be additional waste bins.

 

- Officers explained that the loss of amenity to refuse a planning application was usually linked to quality of life, noise, odour, loss of light etc.

 

- In terms of the over concentration of fast-food outlets, vitality and viability, there was no guarantee that even if the change of use was approved a fast-food outlet would come to fruition as it would be up to the landlord. Members would have to spell out why the loss of the current business would have such an impact on the town centre.

 

A vote then took place, and the application was approved.

 

RESOLVED that planning application 22/0080/COU, 9 St Peters House, Pavilion Shopping Centre, Thornaby, TS17 9FF Change of use to hot food takeaway (sui generis) to include new extraction and installation of new shop front be approved subject to the following conditions and informatives:

 

01 Time Period for Commencement

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

 

02 Approved Plans The development hereby approved shall be in accordance with the following approved plan(s); Plan Reference Number Date Received 0000/M/100/ REV A 14 January 2022 SBC0001 17 January 2022 1.1 14 January 2022 1.3 14 January 2022 2.0 2.1 14 January 2022 14 January 2022

 

03 External Finishing Materials

The external finishing materials shall be in accordance with the approved plan 2.1 submitted on 14 January 2022 and shall be retained for the lifetime of the development.

 

04 Operating Hours

The hereby approved hot food takeaway use (sui generis) shall not be open to customers outside the hours of 11:00 - 23:00 Monday to Sunday.

 

05 Noise disturbance from vehicles servicing the premises No deliveries shall be taken at or dispatched from the site outside the hours of 11:00Hrs and 22:30Hrs.

 

06 Waste storage and collection

Prior to the first occupation of the hereby approved premise details of the method of storage (including locations) and arrangements for collection of waste and refuse from the premise shall be submitted to and be approved in writing by the Local Planning Authority. All waste facilities shall be provided in accordance with the approved details and shall be managed in accordance with those agreed details thereafter.

 

07 Noise disturbance from New Plant Prior to the commencement of the development, a noise report shall be submitted and approved in writing by the Local Planning Authority. The report shall assess and confirm that the rating level of sound emitted from the extract grill and all fixed plant associated with the development shall not exceed background sound levels by more than 5dB (A) between the hours of 0700-2300 (taken as a 1 hour LA90 at the nearest sound sensitive premises) and shall not exceed the background sound level between 2300-0700 (taken as a 15 minute LA90 at the nearest sound sensitive premises). All measurements shall be made in accordance with the methodology of BS4142: 2014 (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments.

 

Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property. Any deviations from the LA90 time interval stipulated above shall be agreed in writing with the Local Planning Authority.

 

08 Extraction and Filter installation

The extraction and odour control system shall be installed in full accordance with those details shown on drawing 0000/M/100 REV A.

 

Prior to first occupation of the premise and approved use, details of the Grease Filter and Prefilter to be installed within the extraction and odour control system shall be submitted to and be agreed in writing with the Local Planning Authority.

The Grease Filter and Pre-filter shall be installed in accordance with the agreed details prior to commencement of the development.

 

Both the extraction system and associated filters shall be maintained and serviced in full accordance with the manufacturers recommended maintenance programme and to the satisfaction of the Local Planning Authority, for the lifetime of the development.

 

INFORMATIVE OF REASON FOR PLANNING APPROVAL

 

Informative: Working Practices

The Local Planning Authority found the submitted details satisfactory subject to the imposition of appropriate planning conditions and has worked in a positive and proactive manner in dealing with the planning application.

 

Informative: Advertisement Consent

Before any advertisement is displayed on land pursuant to this consent, the permission of the owner of that land or other person entitled to grant permission thereto shall be obtained.

 

Informative: Building Regulations

The applicant should be aware of their responsibilities outside of the planning process. The applicant should make contact with Building Control as they would be interested in the new shopfront, new extract systems, internal alterations, drainage and other matters. For further advice, please email [email protected]

 

Informative: Registering a New Food Business

You are required to register your new business with the Environmental Health Unit within Stockton on Tees Borough Council. Please visit this web link https://www.stockton.gov.uk/ourpeople/environmental-health/food-safety-and-inspections/food-premises-register/ for the Food Registration Form, complete all parts and click submit. Alternatively a word version of this form can be provided to you upon request. Please note the statue states new businesses should be registered 28 days prior to being operational. For further advice, please email [email protected]

 

Informative: Cleveland Police

The applicant should make contact with Cleveland Police to consider measures to reduce crime and anti-social behaviour. Contact details are to be found at www.securedbydesign.com

 

Informative: Drainage - Grease Trap

The drainage system to the premises needs to be provided with a suitable grease trap in order to prevent discharge of grease into the public sewer and associated problems occurring. This is a requirement under the current Building Regulations, Approved Document Part H (H1) and the applicant should contact the Building Control department in respect to this proposal.