CLACKMANNANSHIRE COUNCIL
Report to Regulatory Committee of 26th October 2006
Subject: Planning Application: Form External Flue And Reconsider Condition 4 Of Planning Permission 06/00172/FULL Restricting Preparation, Cooking And Reheating Of Food By Microwave Ovens Only At 133 West Stirling Street, Alva (Ref 06/00300/FULL)
Applicant: Kartar Barhaya, 112 Springkell Avenue, Glasgow, G41 4EW
Prepared by: K Johnstone, Principal Planner
Ward: Alva North Councillor Brown
1.0SUMMARY
1.1.The report considers an application to vary the terms of the planning permission for a café and hot food takeaway granted on 3rd August 2006 (Ref 06/00172/FULL) to remove the restriction on cooking/heating of food by microwave ovens only and to install an external ventilation flue at the rear of the premises.
1.2.Following consideration of the proposals, the relevant Development Plan policies, the advice from consultees, the objections by three neighbours and Alva Community Council and the planning history of the site, it is concluded that the proposals would be likely to have a significant detrimental impact on the residential amenity of the area and in particular on the properties conterminous within the site. The details submitted with the application do not address the Council’s concerns about the impacts arising from odour, noise and activity previously expressed in the decision to refuse permission for a hot food takeaway at the site in 2005 (Ref 05/00109/FULL) and in 2002 (02/00159/FULL).
2.0RECOMMENDATION
2.1.It is recommended that the application is REFUSED for the following reason:
- It is considered that the removal of the restriction on the cooking or heating of food by microwave ovens only at the premises would have an unacceptable adverse impact on the residential amenity enjoyed by the conterminous residential properties due to the likely odour and noise impacts and the change in character and intensity of the use. In the absence of adequate information that demonstrates that a scheme to satisfactorily ventilate cooking odours could be achieved taking account of odour, noise and visual impact, the proposal would be contrary to Policy JOB4 (Bad Neighbour Locational Criteria) of the Adopted Clackmannanshire Local Plan.
3.0BACKGROUND TO THE PROPOSALS
3.1.The site comprises a vacant ground floor shop on the corner of West Stirling Street and Queen Street in Alva (see location plan).
3.2.Permission was granted by Committee on 3rd August 2006 (Ref 06/00172/FULL) for change of use of a café and hot food takeaway subject to conditions which regulated the approved uses. This included Condition No. 4 which stated:
“4. The development shall be implemented and used strictly in accordance with the drawing titled "Proposed Floor Plan" approved by this permission. Furthermore, the preparation, cooking and reheating of food for consumption on or off the premises shall be restricted to microwave ovens only. The use of deep fat fryers and stove top methods of cooking is prohibited.”
Reason
”4. It is considered necessary to regulate the use of the premises in this manner in order to ensure the amenity of neighbouring residents can be satisfactorily protected, taking account of the information submitted by the applicant.”
3.3The above condition, together with a condition restricting the hours of opening until 11.00 pm, was attached to ensure the residential amenity of neighbours was satisfactorily protected on the basis that the usual cooking methods and character of use would have had an unacceptable impact on residential amenity. The applicant supported these restrictions when the application was submitted.
3.4Two previous applications for change of use of the vacant shop to a hot food takeaway were refused permission by the Council in 2002 (Ref: 02/00159/FULL) and 2005 (Ref: 05/00109/FULL). In summary, the reasons for refusal of these applications were:- The likely impact of the use by reason of odour, noise, activity and late hours opening would not be satisfactorily mitigated to safeguard residential amenity and a failure to demonstrate that a suitable ventilation system and flue could be installed by the applicant.
4.0CONSULTATIONS
4.1.Environmental Health confirm that the proposed change to the type of cooking creates potential for nuisance to neighbouring properties and that a suitable mechanical ventilation system would be required. It notes that there is insufficient information submitted regarding the ventilation system to enable it to conclude that odour or noise nuisance would be unlikely to occur. The termination point of the flue would need to be higher than shown on the drawing to ensure sufficient clearance above the nearest neighbouring upper floor window openings and the corner of the roof intersection.
4.2.Alva Community Council object to the application.
5.0PUBLICITY AND REPRESENTATIONS
5.1.A total of 16 neighbouring proprietors were notified of the application by the applicant and the application was advertised in the local press as a “bad neighbour” application.
5.2.Three objections have been received from:-
(i)Dr I A Glover of 139 West Stirling Street, Alva.
(ii)Mr and Mrs Le Lievre, North Cottage, Mid Lane, Braco who own the flat above the shop
(iii)Mrs V MacLeod, 129 Stirling Street, Alva
5.3The main concerns can be summarised as follows:
(a)The previous approval was on the basis of microwave oven use only in order to address concerns over odour nuisance. The submission so soon after the approval suggests that the previous proposal was a smokescreen. Comment: The applicant confirmed that he intends to use only microwave ovens for cooking/heating when the previous application was submitted. The environmental impact is discussed in Section 6.0 below.
(b)The hot food takeaway use would create parking problems. Comment: Road and Transportation advised that the existing on-street parking spaces would be sufficient to meet the likely demand when it commented on the previous application for change of use to a café and hot food takeaway (Ref 06/00172/FULL). It is not considered that the current application would raise any different parking issues.
(c)Adverse impact on residential amenity. Comment: This is discussed in Section 6.0 below.
(d)Why is there an assumption that any economic growth is a good thing? Comment: The economic benefits of development is a material planning consideration that has to be balanced against other considerations including environmental impact and residential amenity.
(e)The neighbour notification process was not carried out properly. Comment: All those with a notifiable interest were not initially notified that should have been but this has been rectified by the applicant.
(f)There are enough takeaway facilities in Alva already. Comment: This is not a material planning consideration.
(g)Concern about possible risks from odour and fire. Comment: The applicant has not adequately demonstrated that odour nuisance would not occur. The risk of fire from cooking would not be a material planning consideration.
(h)Inadequate bin storage and risk of vermin. Comment: These issues would be regulated by environmental health legislation and would not, in themselves, justify withholding consent.
6.0PLANNING CONSIDERATIONS
6.1.The key issues that require to be addressed in determining the application can be summarised as follows:
(a)Whether there are material considerations that would support approval notwithstanding the terms of the previous permission granted on 3rd August 2006, relevant Development Plan policy, and the previous reasons for refusal for two applications for a hot food takeaway use in 2005 and 2002.
(b)Whether the concerns raised by the neighbours would justify withholding consent.
6.2Local Plan Policy JOB4 (Bad Neighbour Locational Criteria) is the most relevant policy guidance. The policy directs bad neighbour development such as hot food takeaway uses to town centre locations but only where it can be demonstrated that the use would not have an adverse impact on residential amenity or create unacceptable levels of environmental pollution.
6.3The previous Council decision was approved on the basis that the restrictions on cooking/heating of food to microwave ovens would not generate the potential odour impacts associated with this type of use and would not necessarily require a mechanical ventilation system. This was one of the significant factors which allowed the Service to reach a favourable recommendation despite previous recommendations for refusal.
6.4The current application is considered to be unacceptable and contrary to Local Plan Policy JOB4 for the following reasons:
(a)The site is part of a two-storey property and is conterminous with four flatted properties including a flat above the shop. The predicted impact from odour and noise associated with stovetop cooking and a mechanical ventilation system is likely to have an unacceptable impact on residential amenity.
(b)The information submitted with the application does not provide sufficient details of the ventilation system to enable Environmental Health to conclude that it would not create odour or noise nuisance. The proposed termination point of the flue would be too low. The applicant has not demonstrated that residential amenity would not be adversely affected.
(c)The proposed flue would not be fixed to the walls of the flat above the shop and would have to be free standing. The position of the flue would be in front of a window in the first floor flat to the west. It would be approximately 2.5m from the window and would have an adverse visual impact.
(d)The applicant had described the development as a full hot food takeaway permission on the application form while the previous permission related to a café and takeaway. He has since confirmed that it would operate as a café and hot food takeaway. However, this creates some doubt that the application, if approved, could result in a change in the character of the use to operate principally as a hot food takeaway.
6.5It is not considered that the weight that can be attached to the concerns raised by the objectors relating to parking, economic development, over-provision and fire risk would be sufficient to withhold consent on their own. However, it is considered that the proposed removal of the restriction on cooking method and the erection of the proposed external flue would create significant adverse impacts on visual and residential amenity to warrant refusal of this application.
7.0IMPLICATIONS FOR THE COUNCIL
7.1.Financial implications: None.
7.2.Staff implications: None.
7.3.Strategic aims:
Create strong, active, safe and caring communities / Achieve local economic prosperity and stability /
Make the most of Clackmannanshire's unique built and natural environment /
Develop a culture of personal achievement where everyone isvalued /
Improve the health of the people of Clackmannanshire /
Represent and promote the interests of all of the people of Clackmannanshire /
Ensure that the people of Clackmannanshire receive the highest quality services for the public pound /
Head of Development Services
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