REPORT OF:
/ HEAD OF BUILDING & DEVELOPMENT SERVICESAUTHOR: /
Lawrence Simmons
TELEPHONE: /01737 276752
E-MAIL: / TO: /PLANNING COMMITTEE
DATE: /16 March 2005
AGENDA ITEM: /16
APPLICATION NO: / 04/02023/CU / WARD: / RC / RECEIVED: / 07/09/04APPLICANT: / Moslander Ali / AGENT: / Design LSM
LOCATION: / 15 CHURCH STREET, REIGATE
DESCRIPTION: / Change of Use of first floor from Class A2 (financial and professional services) to Class A3 (food and drink) use plus internal alterations.
DRAWING NUMBERS: / LO4 794 01-01, 02-01A
SUMMARY
This proposal is for the change of use of the first floor of 15 Church Street from Class A2 (financial and professional services) to Class A3 (food and drink) in conjunction with the ground floor, which is already in Class A3 use. The first floor would provide kitchens and toilets on the first floor and a 52-seat restaurant in the ground floor. The proposed alteration of the ground floor, currently a hot food take-away (“Herbie’s Pizza”), to a restaurant does not require planning permission.
The proposal, which involves the change of use of the first floor only, is consistent with the Secondary Shopping Area designation of the premises.
A report on this application was withdrawn from the Planning Committee meeting on 5 January 2005 to enable additional technical information to be sought on the proposed extraction equipment; and further consideration of the effect of that equipment on the character of the Conservation Area.
Further technical specifications have now been submitted, and the Council’s Environmental Health Department is satisfied that the proposed roof mounted extraction equipment would protect the amenity of neighbouring properties from smells generated by the restaurant use and would not cause harm to the amenity of neighbouring premises by way of undue noise.
The location of the plant on the roof of the building is hidden behind an existing parapet wall. This screening wall, and the relatively low-lying design, would prevent the equipment being detrimental to the visual amenity of the Conservation Area.
RECOMMENDATION
Planning permission is GRANTED subject to the conditions.
Consultations:
Highway Authority: no objection.
The Reigate Society: no objection.
The Reigate Business Guild: no objection.
The County Archaeological Officer: no objection
The Borough Environmental Health Officer: no objection subject to the imposition of conditions to control noise and fume extraction.
Representations:
Neighbours were notified by letters dated 09/09/04 and a site notice was posted on 09/09/04. One letter of objection has been received on the following grounds:
Issue / ResponseOverprovision of restaurants in Reigate / See paragraph 5.1
Noise and fumes harming operation of adjoining premises / See paragraphs 5.4 – 5.7
Loss of amenity to the flat above 11 Church Street and proposed residents of 17 Church Street / See paragraph 5.8
The potential adverse consequences on the adjacent business may result in the loss of employment. / See paragraph 5.4 – 5.7
1.0 Site and Surroundings
1.1 This site is located on the first floor of 15 Church Street, Reigate and is part of a terrace of two-storey shop units. The ground floor is a hot food take-away (Herbies Pizza) and the upper floor is vacant but authorised for Class A2 (financial and professional use.
1.2 The site is located within the Reigate Town Centre Conservation Area and Secondary Shopping Area. A car park is located to the rear of the site. The site can be accessed from either the ground floor of the shop to the Church Street frontage or via the car park and steps to the rear. Most of the parade units have non-retail uses at first floor level.
2.0 Relevant History
2.1
97P/0978/CU / Change of use from A2 (Building Society) to A3 hot food take-away (Ground floor only) / Granted 30/10/9700/01220/ADV / Illuminated sign / Refused 17/03/00
04/02378/F / New shop front and disabled access / Refused 29/11/04
3.0 The Current Proposal
3.1 This is an application for the change of use of the vacant Class A2 (financial and professional services) unit at first floor level to Class A3 (food and drink).
3.2 It is intended to provide kitchen and toilet facilities in this first floor area to serve a restaurant to be created at ground floor level.
4.0 Policy Context
4.1 Local Plan Designation
Urban Area
Reigate Conservation Area
Secondary Shopping Area
4.2 Reigate and Banstead Borough Local Plan 1994
Conservation Areas / Pc13, Rg1Shopping / Sh1, Sh2, Sh9
4.3 Surrey Structure Plan 2004
Sustaining the Environment / SE4, SE5Location of Development / LO3, LO10
4.4 Other Material Considerations
Planning Policy Guidance Notes / PPG1, PPG6, PPG15Other / Human Rights Act 1998
5.0 Principal Issues
The main issues to consider are:
· Vitality and viability of the town centre
· The character of the Reigate Town Centre Conservation Area
· Impact on amenity
Vitality and Viability of the Town Centre
5.1 Policy Sh1 of the Local Plan and policies LO3 and LO10 of the Structure Plan support town centre shopping provision and resist loss of existing retail floorspace. The proposed development would add to the number and choice of restaurants in the town centre. The proposal would introduce an A3 activity in a vacant A2 property, bringing this unit into use. As the proposal would not involve loss of ground floor frontage it would not alter the proportion of the retail uses in ground floor retail shopping provision along this frontage in the town centre. The proposal is therefore consistent with the Secondary Shopping Area designation, and would add to the vitality of the town centre.
Effect on the Reigate Town Centre Conservation Area
5.2 The change of use subject to this application does not involve any external changes other than those associated with filtration of cooking odours. This would involve installation of extraction equipment on the roof, not readily visible from public vantage points. A large black vertically projecting duct to the rear that currently serves the pizza take-away would be removed. The appearance of the Conservation Area would therefore be preserved. The removal of the existing flue would be a small visual enhancement to the rear servicing area.
5.3 The application includes illustrative plans indicating a new shop front design. That part of the development was the subject of a separate planning application, which was refused on design grounds in November last year. However, there is no objection in principle to replacing the shop front, subject to it preserving or enhancing the character and appearance of the Conservation Area, and it is expected that a revised design will be submitted in due course. Therefore the purpose of this application is only for the change of use of the upper floor from A2 to A3.
Impact on Amenity
5.4 Policy Sh2 of the Reigate & Banstead Borough Local Plan 1994 requires shopping proposals to be of a layout and design that do not adversely affect the amenities of adjoining properties. Policy Sh9 of the Local Plan permits proposals for the sale of food and drink if they would not detract from amenity by way of noise and smell.
5.5 Adjoining the application premises, there is a beauty parlour at 13 Church Street using both floors, and a retail shop at 17 Church Street using the ground floor. The first floor at 17 Church Street has previously been used as offices. Nowithstanding some informal residential paraphernalia seen at the time of the committee site visit, the applicant has confirmed the use of the first floor at 17 Church Street is to remain as offices.
5.6 Whilst concern has been raised by the adjoining beauty parlour about the potential harm to their business from noise and odours, the present and authorised use of the ground floor of 15 Church Street is already Class A3. That would remain the case with the current application. The type of Class A3 use, whether pizza or Indian food, lies outside planning control. The effect on adjoining amenity through cooking odours and smells would be further mitigated by extraction and filtering equipment. The Environmental Health Department is satisfied that this potential source of nuisance can be adequately controlled through the imposition of conditions.
5.7 With regard to the potential for noise levels, the site is located in the town centre where there is already a comparatively high level of background noise. The potential noise generation would be similar to that of the present ground floor A3 use and comparable to many other commercial town centre relationships in the locality. I do not therefore consider that in this commercial environment the proposed use would cause any significant noise nuisance.
5.8 Residential accommodation on the first floors of 11, 19 and 21 Church Street is not immediately adjacent to the application premises, and therefore is unlikely to be significantly or adversely affected.
CONDITIONS
1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission.
Reason:
To comply with Section 91(1) of the Town and Country Planning Act 1990.
2. The premises the subject to this permission shall not be open to customers outside the following times: 09:00 hrs to 24:00 hrs on any day.
Reason:
To restrict the use of the premises in the interest of the amenities of the area, in accordance with Reigate and Banstead Borough Local Plan policy Sh2.
3. Prior to commencement of the development, ventilation and filtration equipment in accordance with the details and specifications contained in approved plans and documents, shall be installed and thereafter retained for that purpose.
Reason:
In the interests of the amenity of the area, in accordance with Reigate and Banstead Borough Local Plan policy Sh2.
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