2007/0913 / Mr B Sonmez
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Central / Leanne Largue
01229 876438 / 06/07/2007
STATUTORY DATE:
30/08/2007
LOCATION:
8 Cavendish Street, Barrow-in-Furness
PROPOSAL:Change of use from charity shop (A1) to hot food takeaway (A5)
LOCAL PLAN:
POLICY C14
Within the Mixed Areas around Barrow Town Centre, as allocated under Policy C7, hot food take-aways and restaurants will, subject to their impact on neighbouring residential properties being considered acceptable and to other planning policies, be subject to a requirement that their opening hours be restricted to 0700 to 2300 hours. An exception will be made for Cornwallis Street where restaurants and take-aways will be allowed to operate on the basis that customers can be admitted until 0200.
SUMMARY OF MAIN ISSUES:The site is located within a commercial area of the town designated as a mixed area by the Local Plan Review. Policy C14 of the Local Plan directs hot food take-aways to such areas. The proposal will also bring a vacant property back into beneficial use.
NON MATERIAL CONSIDERATIONS:REPRESENTATIONS:
The Occupiers of 72, 76, 74, 66-70, 78, Maisonette 72, Duke Street, 2-4, 6, 21, 7, 11-19, 16-18, 3-5, 10-14, 23-29, 66-70, 9, Flat 7 Cavendish Street, Barrow in Furness all informed.
SDG Accountants
“Following your letter dated 12th July 2007 we can advise that we strongly object to the application of number 8 Cavendish Street changing to a "hot food takeaway".
There are a number of reasons for this objection most of which are regarding the ventilation of such a premises and the potential damage and disruption to our premises.
At present number 2-4 Cavendish Street is a Chinese takeaway and from our understanding the potential new takeaway will serve continental fast food. With three continental takeaways not more than 100 metres in any direction from our premises we can not justify the approval of such an application.
We assume the opening times will be until the early hours, we would be grateful if you confirm any potential opening and closing times.
Should you wish to discuss our objection please telephone our office to arrange a mutually convenient time for discussions.
We look forward to hearing from you in due course”.
Baby Bitz, 10-14 Cavendish Street, Barrow in Furness
“As a prominent retailer in the area I strongly object to a change of use to No. 8 Cavendish Street.
A number of reasons come to mind. Firstly, the loss of another retail outlet in Cavendish Street. This street has the largest amount of local independents in the town. With all the shops trading it sows a need for smaller premises.
Secondly the litter and late night anti social problems that are associated with this type of outlet are not what we want to come into work in the morning and find.
Lastly no mention has been made about extraction units for this shop. With the majority of premises standing at least one storey higher or more than No. 8 I do not see how this could be achieved”.
The Occupier, 9 Cavendish Street, Barrow-in-Furness
“As there are so many fast food outlets in a very small area, yet another would be even more detrimental both to the business community and the environment.
The small shops in Cavendish Street already suffer from the extremely strong smells in the street. (I am now unable to leave my door open on a nice day) not to mention the discarded food and quite frequently stomach contents to be found in shop doorways on arriving in the morning.
When is the Council going to consider the small local business’s that have served the local community for years, there are after all more shops in Cavendish Street than in Dalton Road but we have been ignored for years”.
CONSULTATIONS:Cumbria Highways
“There are no objections to the proposal from the highway authority. The proposal is in a town centre location and there are other takeaways in the area.
There are not considered to be any traffic implications associated with the development”.
United Utilities
“I have no objection to the proposal.
Foul drains must have adequate grease traps”.
Cumbria Constabulary – dated 30th July 2007
“With regard to the application , I do feel obliged to highlight to the authority the high number of similar food outlets that currently exist in that particular area of the town. Another such premises, if allowed to trade into the late evening / night, will draw revellers back into the town centre area which can impact upon levels of disorder.
The authority should take this into consideration and of the need to balance therequirements of the general residential community of the area overthe visiting night time community.
On the applicants paperwork there is at this stage no mention of the proposed opening times for the premises should the permission be granted. I would represent that the Police and other agencies should be involved at the earliest stage of consultationin relation to opening times to ensure an effective approach to minimising crime and disorder and the impact possible on the community.If possible the negotiation of satisfactory opening times to all be a condition of planning approval?”
Cumbria Constabulary
“I have made some more enquiries with our licensing officer whoI havenowbeen able to consult.
Weraise issues concerningtheCumulative impact of this type of premises in the Cavendish Street area;especially in relation to the four licensing objectives; and in particular
· The prevention of crime and disorder
· The prevention of public nuisance
We currently have,within100 yd areaofthe proposedtakeaway:
Yuyng Nien House ( Cavendish St )
Water Lily "
Jade Fountain. "
Sizzle Inn. "
Hot Potatoe William Street
MarmarisDuke St
Panda Gardens "
AnlalyaDuke St/ St Vincent St.
It is therefore of vital importance, if you go ahead with the application,that youinclude sufficient and appropriate measures within your premises licence application that will address any concerns in relation to the 4 licensing objectives.
The measuresyou take must demonstrate that you have assessedthe likelyimpacts on the local areaand have applied them proportionately to reducetheir effect.
I feel it is important thatyou consult with our licensing officer, PC John Brooks and I, to discuss the above.PC Brooks is available to give adviceand guidanceon the licensing objectives and what measures you can consider”.
OFFICERS REPORT:The application site is a vacant property within a terrace of commercial premises on the south side of Cavendish Street. The adjoining properties are an accountants and a retail premises. To the rear is an alleyway which runs alongside Debenhams store. The application is for a change of use from a charity shop to a hot food takeaway.
Policy
Local Plan Policy C14 relates to applications for hot food take-aways within the mixed areas around Barrow Town Centre. The policy states that take-away uses will be acceptable within such areas, providing there is no detrimental impact on neighbouring residential properties.
Representations
Comments have been received from Cumbria Constabulary, which state that another late night take-away use in the area will draw revellers back into the town centre which can impact upon levels of disorder.
Objections have been received from the occupiers of both adjoining properties. Their main concerns relate to the ventilation of take-away fumes and the potential damage caused by take-away customers. Issue is also raised regarding the number of take-away uses on the street with one objector stating “with three continental take-aways not more than 100 metres in any direction from our premises we can not justify the approval of such an application”. There is however, no particular Local Plan Policy limiting the number of takeaways in this area of town. Such an approach is generally seen as anti-competetive and beyond the remit of planning.
Impact on crime and disorder
The response from Cumbria Constabulary is somewhat different to their previous responses regarding recent applications for late night take-away uses. Members will recall the Constabulary’s support for an extension to the opening hours at Marmaris Grill, which was granted consent to open until 3am at appeal. I believe the inspector’s decision and report are material planning considerations given that both sites are at almost an equal distance from residential properties.
Regarding the issue of crime and disorder, the Inspector dealing with the Marmaris appeal commented as following:
“It is clear from their letters that the Constabulary would prefer more rather than less hot food takeaways to open late as they consider that this helps avoid the crime and public disorder problems that arise when many customers congregate at one premises.”
With regards to vandalism to neighbouring properties the Inspector stated:
“I have not been provided with any convincing evidence to demonstrate that such damage was a result of the opening of the appeal premises or by its customers. Given the numbers of people already on the streets in the early hours of the morning, I find nothing to persuade me that extending the opening hours would be likely to result in significantly more problems of this nature.”
In this case, no evidence has been provided to indicate that an additional late night use in the street would increase incidences of crime, disorder and vandalism. However, I have contacted Cumbria Constabulary to confirm whether there is any evidence to suggest that there has been an increase in crime and disorder following the extension to the Marmaris opening hours. I am awaiting a response, however if any evidence is available this may warrant a reconsideration of the matter.
Extraction
A condition can be attached requiring the installation of a suitable extraction system. All emissions will be adequately filtered and discharged vertically at least 1 metre above the eaves level. There are no windows other than that of the applicants’ which would be in direct line with an extraction system at this level.
Impact on residential amenity
Whilst there is the potential for customers to make noise, ambient noise levels in the area will be already relatively high given the number of late night uses on Cavendish Street and nearby. The closest residential areas are Grange and Cartmel Crescent, although there appears to be living accommodation above commercial premises on William Street. Residential streets are partially shielded from the appeal premises by the terraced row of premises on the opposite side of Cavendish Street. This will be likely to help reduce noise levels.
Conclusions
In conclusion, I believe a late night take away use in this location will not be detrimental to nearby town centre residents. The property appears to have been vacant for some time and the proposal will bring it back into beneficial use, which may add to the vitality and viability of the area.
The application raises no further issues than recent applications at Marmaris Grill and Antalya which were both granted conditional consent, the former application being granted permission on appeal. In both cases Cumbria Constabulary were in support of late night opening hours (see appendix A).
When dealing with the costing decision, the inspector stated the following:
The Cumbria Constabulary expressed strong support for the proposal in terms of the effect on the night time economy, crime and disorder and in respect of noise and disturbance. In particular, it was argued that noise would be reduced in some residential streets and the council provided no evidence to refute this.
No evidence has been given to support the constabulary’s change in stance. Equally no evidence has been provided to indicate that an additional take away would lead to an increase in crime and disorder.
The applicant has indicated that should permission be granted he would wish to benefit from the following closing hours:
· midnight Sunday to Wednesday
· 3am Thursday to Saturday
Such hours would match those granted on appeal at the Marmaris Grill site.
RECOMMENDATION:I recommend that planning permission be GRANTED subject to the Standard Duration Limit and the following conditions:
Condition No. 2
The premises shall not be open for business other than between 0600 and 2400 hours Sunday to Wednesday and 0600 and 0300 hours Thursday to Saturday.
Reason
In order to protect the residential amenities of the area.
Condition No. 3
All emissions from cooking processes must be extracted through a properly designed and constructed exhaust ventilation system, adequately filtered and discharged vertically at sufficient height (at least I metre above eaves level) to prevent cooking odours being observed at any neighbouring properties. The exhaust gas flow must not be restricted by any plate etc at the outlet which might affect dispersion. Details of the proposed system must be submitted to the Planning Department for approval prior to construction.
Reason
In order to protect the residential amenities of the area.
Condition No. 4
Noise from the development, including noise from the extraction equipment required in the above condition, must not cause the existing background noise level (measured as the LA90(10 minutes) to be exceeded at any neighbouring noise sensitive locations. Any tonal noise produced by the development would result in a 5dB addition to the particular noise level (Definition in: Appendix E "Noise Procedure Specification, Publication 140", The Engineering Equipment and Materials User Association). [Note: the noise is measured 3.5m from any reflective surface, other than the ground, at a height of between 1.2 and 1.5m.]'
Reason
In order to protect the residential amenities of the area.
The reason(s) for the grant of planning permission are as follows:
The development, subject to conformity with the stated conditions, will not cause any material harm to an interest of acknowledged importance and will not conflict with Barrow Borough Local Plan Review 1996-2006.
2007/0853 / Mr E Morrison / Mr W Woodhouse
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Dalton North Dalton and Newton Parish Council / Ian Sim
01229 876384 / 28/06/2007
STATUTORY DATE:
22/08/2007
LOCATION:
Crossgates Cottage, Broughton Road, Dalton-in-Furness
PROPOSAL:Raising height of boundary walls to Broughton Road
LOCAL PLAN:
There are no specific policies.