COMMITTEE REPORT
Application Ref. 17/03088/FUL
Site Address 25A Alcester Road, Studley, B80 7LL
Application for Change of Use from Financial and Professional Description of Services (Class A2) to a Hot Food Takeaway (Class A5) including a Development new shopfront, ventilation and extraction system and associated ancillary works.
Applicant Domino's Pizza UK & Ireland
Reason for Referral Parish Council Objection to Committee Objection from Councillor Kerridge
Case Officer James Hodgkins
Presenting Officer James Hodgkins
Ward Member Councillor J Kerridge
Parish Council Studley Parish Council
Description of Site BUAB of Studley Constraints Town/Village Centre Boundary
Summary of GRANT Recommendation
DESCRIPTION OF SITE AND SURROUNDINGS
Description of Proposal
This application seeks permission for the change of use of a two-storey commercial unit, located within the village of Studley, from a vacant bank (Use Class A2 – financial and professional services) to a hot food and takeaway (Use Class A5). In addition, the proposal consists of a number of associated external alterations, including:
- The installation of an oven extract duct and a fresh air intake duct; - The installation of a new solid core timber door to the rear of the building; - The provision of 2no. 1100l euro-bins, to be located within the rear service yard; - The installation of wall mounted A/C and cold room compressors; and - The installation of a new aluminium shopfront and entrance door.
Whilst it is acknowledged that the proposal includes a new shop front, the detailing of the design and signage does not form part of this application and would require separate advertisement consent.
Description of Site and Surroundings
The application site is located within the village centre of Studley and is situated to the east of Alcester Road. The building forms part of a block of commercial units bound by Alcester Road, Bell Lane and Castle Road. To the west of the site lies a car park which serves Co-operative Food and provides two hours of free parking. The immediate vicinity consists of a variety of businesses: including, convenience stores, home improvement stores, restaurants, takeaway stores, a hair dressers, an estate agents and a funeral directors. In addition a number of residential units, including flats and dwellings form part of the surroundings.
The building itself is two storey in nature and has been vacant since August 2016. It was previously occupied by a Lloyds TSB bank. There are five demised parking spaces to the rear.
DEVELOPMENT PLAN AND MATERIAL CONSIDERATIONS
Development Plan
Stratford-on-Avon District Core Strategy (2011-2031)
Relevant Policies in the Development Plan for this application are:
CS.1 – Sustainable Development CS.2 – Climate Change and Sustainable Construction CS.4 – Water Environment and Flood Risk CS.5 – Landscape CS.6 – Natural Environment CS.9 – Design and Distinctiveness CS.15 – Distribution of Development CS.22 – Economic Development CS.23 – Retail Development and Main Centres CS.26 – Transport and Communications AS.8 – Studley Other Material Considerations Central Government guidance NPPF 2012 & PPG 2014 Circular 06/05: Biodiversity and Geological Conservation
Other documents Studley Parish Plan 2007 Studley Parish Plan 2017-2020 Draft Development Requirements SPD – Draft Parking Standards
Other Legislation Human Rights Act 1998 Natural Environment and Rural Communities (NERC) Act 2006 The Conservation of Habitats and Species Regulations 2010 Localism Act 2011 Housing and Planning Act 2016
SUMMARY OF RELEVANT HISTORY
Reference Number Proposal Decision and date
13/01223/ADV No. 1 sub A1 illuminated window unit Withdrawn 20.06.2013
07/00237/ADV 1 no. Fascia 7800mm x 395mm Granted 23.03.2007 externally illuminated by trough downlight. 1no. non-illumunated Projector 740mm x 600mm. 06/03091/ADV 1 no. Fascia 7800mm x 530mm and 1 Withdrawn 21.12.2006 no. Projector 740mm x 600mm. 98/00056/ADV 25A Lloyds Bank Plc - 1) 600MM X Granted 28.10.1998 600mm internally illuminated projecting sign 2) 520mm high fascia sign with 260mm high internally illuminated letters and background panel halo lit from revers of fascia panel.
REPRESENTATIONS
Applicant’s Supporting Documents
The following documents were submitted with the planning application:
Planning Statement Ventilation System Details – Noise and Odour Plans and Elevations Ward Member
Councillor J Kerridge (20.12.2017) – Object to the proposal for the following reasons:
“In a nut shell the NPPF and core strategy want to support a diverse economy that will benefit the community.
This is a golden thread argument and comes from a reading of policy as a whole.
It is a commonly held view of residents that Studley suffers from too many takeaways (8 takeaways and 5 restaurants offering takeaways at least [including fish and chip shops but not including the sandwich shop and the bakery]. As a local representative in touch with the local residents I agree with this.
There is no denying that a location close to or on the A435 makes Studley a convenient place for such a business as it is a convenient stop off point on the way home for many who pass through but they are too numerous now and negatively affect the local community (through an unbalanced retail area with too many takeaways and not a broad enough range of shops and services) and the village centre economy (by overwhelming the appearance and shop space of the centre preventing better diversity).
It does not add to the day time economy by encouraging people to visit and shop elsewhere. In fact it detracts from that. It creates an unbalanced feel to the village centre. A lack of diversity.
A detraction from the character of the area which has been and aims to be more diverse from a retail perspective but is hindered by the image of being a run of takeaways). For that reason it does not enhance the vitality of the village. It does not reflect the community's needs.
Studley has seen many new businesses, retail, financial and service, move in over the past 2 years on the high street and Alcester Road. This shows there is not a lack of demand in the village for retail and service space.
A holistic reading of CS. 22 supports a refusal (see 5.8 below).
5.8. Economic development CS.22 para 1…
"... improve the vitality of the local business environment” development management considerations....
1. Bullet 2. "an adequate supply of employment land of sufficient quality to cater for a Range of business requirements" 2. Bullet 1. "Weigh market and economic information and impact against environmental and social information and impact" (see Studley parish plan)
Implementation and monitoring. Risk "provision is made for business development and the creation of jobs in a manner that meets the needs of the districts residents but does not have an unacceptable level of impact on the amenity and character of the area" 5.9 retail development and main centres. Explanation
A holistic reading of CS.23 supports refusal (see 5.9 below)
CS.23 para 1… "...to strengthen the function and character of the district's town and rural centres for the benefit of residents
5.9.1 "essential to provide easily accessible shops and services to meet the day to day needs of residents”
5.9.2 "the NPPF expects planning policies to be positive in promoting competitive town centre environments and providing for the management and growth of centres ... planning authorities are expected to recognise town centres as the heart of their communities and pursue policies to support the viability and vitality of town centres"
Implementation and monitoring. Risk. "balanced decisions need to be made to ensure that provision is made for retail uses in a manner that provides for the needs of the residents but does not undermine the health and function of main centres"
Policies specific to Studley also support a refusal....
6. 8 Studley area
6.8.6 "there has been a trend towards cafes and takeaways opening up. There is a widely held concern that the centre of the village is deteriorating."
6.8.18" a key challenge facing Studley is the need to enhance the image of the village Centre so that it becomes a more attractive place to visit and do business"
Policy AS.8 Studley.C. economic. 2. "bolster the role of the village centre as a focus of local shops and services."
The specific circumstances of the A435 as a busy commute road will obviously be desirable for takeaways but to the detriment of the community. This is what planning is for. The last 2 years has seen a swing towards more properties being let, a local business forum being formed and growing, an art gallery and a café and other interesting new ventures open up in the village centre and a crowd funding project (Spacehive) to make the village more visitor friendly and attract more visitors with the aim of making Studley a more attractive place to do business and support a more varied retail offer.
Other policies listed support a refusal of the application in their combined effect. The policy as a whole is what is important. It is clear that a diverse and well-functioning economy in rural centres like Studley is what the NPPF and Core Strategy are aiming at and what the local parish and residents want.
An over preponderance of takeaways creating a dead day time economy and narrow, non-community orientated, buy and leave economy is not what anyone wants.
1.1.14 (introduction). "Ensuring the vitality of town centres." 1.4 (vision) para 6: “strengthened... village communities" 2.2 Sustainable development 2.2.2 bullet 2: "promote strong, vibrant and healthy communities.... with accessible local Services that reflect the communities needs and respects its health and wellbeing" 2.2.5 " to ensure that the local economy is strong and diverse" 2.2.7 specific attention will be given to those parts of the district...that require investment and regeneration in order to achieve environmental, economic or social improvements" Studley Parish Council
The comments made by the Parish Council have been summarised by the case officer (the full response is available in the application file).
Studley Parish Council – Object (08.11.2017)
The loss of the A2 use would have a negative impact on the viability of the existing A2 uses on the site Policy CS.22 promotes development which provides for a wide range of business and commercial activity. The change of use would detract from the vitality and viability of Studley’s centre, shopping and service provision. The role of the village centre as a focus of local shops and services would not be bolstered. The change of use would not strengthen the function and character of Studley’s Centre for the benefit of residents, businesses and visitors, contrary to CS.23 and AS.8 of the Core Strategy and the requirements of the Studley Parish Plan 2017- 2020. Lack of parking for staff and customers. Highway safety concerns. No evidence to justify the need for another takeaway.
Third Party Responses
The comments made by third parties have been summarised by the case officer.
54 letters of objection from local residents and business owners received. Planning grounds for objection:
Insufficient car parking Over provision of takeaways within Studley Lack of other services and facilities Impact upon established local businesses Increased traffic Highway safety concerns Flooding Noise Harm to appearance of the village Encourages unhealthy eating Odour Late opening hours will cause disturbance Greater pollution Car park vulnerable to crime
It is noted that other non-planning matters have also been raised.
3 letters of support from local residents and business owners received. Planning grounds for support:
Economic growth Increase trade from neighbouring towns and villages Big business could help make Studley stand out
It is noted that other non-planning matters have also been raised.
Consultations
The full responses are available in the application file.
WCC Highways
No objection (15.11.2017)
WCC Ecology
No representation (10.11.2017)
SDC Environmental Health
No objection subject to a condition regarding noise (24.11.2017)
ASSESSMENT OF THE KEY ISSUES
Principle of Development
The Council is required to make a decision in line with the Development Plan, unless material considerations indicate otherwise (Section 38(6) PCPA 2004 and Section 70(2) TCPA 1990). The National Planning Policy Framework (NPPF) is a key material planning consideration.
Policy CS.22 of the Core Strategy states that development that provides for a wide range of business and commercial activity will be promoted in sustainable locations in order to support and foster the growth and competitiveness of the District’s economy, provide more jobs and improve the vitality of the local business environment.
Policy CS.23 of the Core Strategy states that retail development and other commercial uses should be provided in a manner that helps to strengthen the function and character of the Districts town and rural centres for the benefit of residents, businesses and visitors.
The application site is located within the village centre of the Built-Up Area Boundary of Studley, which, as identified by Policy CS.15 of the Stratford-on-Avon Core Strategy, is one of the District’s Main Rural Centres. Policy CS.15 supports business development and the provision of local services within these identified locations.
In this instance, it is considered that the unit is situated within a sustainable location, suitable for the type of activity proposed. In addition it will result in the re-use of a vacant building which has been empty since August 2016, following the Closure of Lloyds TSB. The re-occupation of the building would help to encourage economic activity within Studley and contributes to the vitality and viability of its centre. It is also noted that the proposal will result in the creation of approximately 20 jobs (14 full time, 6 part time), thus offering employment opportunities for local residents.
With regard to site specific policies, it is noted that Policy AS.8 seeks to bolster the role of the village centre as a focus of local shops and services. In addition, Studley Parish Plan 2017-2020 sets out recommendations for action with regards to Business, Enterprise and Tourism. The recommendations encourage, new businesses to occupy empty commercial properties, improve the variety and quality of retail outlets, and to review car parking within Studley. It is recognised that the supporting text states that:
“40% of respondents consider the range of shops in Studley to be fairly poor or very poor and many respondents would like to see greengrocers, cafes and restaurants with a decrease in the level of take away restaurants and hairdressers.”
However, this proposal comes forward as a means to enable the premises to be brought into a Class ‘A’ related use, whereby a new business will occupy an empty commercial property, which is promoted in the Parish. The proposal will add to the shopping and associated economic viability of the village centre and enhance the vitality of the surrounding area.
The concerns raised by third parties and the local Ward member regarding the ‘over- provision’ of takeaways are noted. Furthermore, it is acknowledged that policy CS.22 requires the provision of a range of services and facilities. Notwithstanding this, the supporting planning statement indicates that the predominant use of commercial properties within the centre, remains Class A1 retail. In addition there is a diverse range of services with a number of A2, A3, A4, D1, D2 and B1 uses located within the village centre.
Whilst the Parish Plan has a preference for other ‘A’ Class uses to be provided in Studley, an emphasis is placed upon the re-use of empty commercial properties. Furthermore it has been demonstrated that a range of facilities are provided within the village centre and that the introduction of an additional Hot Food Takeaway would not result in a saturation of A5 uses.
Based on this information, the proposal is considered to be acceptable in principle, with the change of use bringing a vacant building back into use, creating new jobs, and enhancing the viability and vitality of the centre. The proposal therefore complies with policies CS.15, CS.22, CS.23 and AS.8 of the Stratford-on-Avon Core Strategy as well as the guidance contained within the Studley Parish Plan 2017-2020 and the National Planning Policy Framework.
Impact on the street scene and character of the area Policy CS.9 of the Core Strategy seeks to ensure that proposals reflect the character and distinctiveness of the locality and are of a high quality design. Proposals will reflect the context of the locality, ensuring a continuity of key design features that establishes the identity of the place, making best use of on-site assets including landscaping features as well as public views and vistas and not harming existing ones.
Policy CS.5 aims to maintain the landscape character and quality of the District by ensuring that development takes place in a manner that minimises and mitigates its impact and, where possible, incorporates measures to enhance the landscape.
The existing building is two storey in nature and is finished in red/brown brick. The front elevation of the ground floor benefits from a timber double door and two shop front windows, which have subsequently been boarded over following the closure of the bank. The site sits in a row of commercial units which have active shopfronts, with glazing and fascia boarding a common feature of the street scene.
It is noted that the proposal consists of a number of associated external alterations, including: - The installation of a new aluminium shopfront and entrance door. - The installation of an oven extract duct and a fresh air intake duct; - The installation of a new solid core timber door to the rear of the building; - The installation of wall mounted A/C and cold room compressors; and
In the first instance, whilst signage details are currently unknown, and thus subject to a separate advertisement consent application, the proposed elevations indicate that it will consists of floor to ceiling glazing across the width of the building; with PPC Aluminium panels located either side, a fascia signage board located above and a centralised entrance door. The existing frontage is considered to be unattractive and inactive, thus failing to successfully contribute to the character of the public realm and appearance of the street scene. In this instance the proposed alterations are considered to activate the frontage whilst successfully integrating with the features of the existing street scene. The alterations therefore reflect the existing adjacent shopfronts and would provide a consistent and improved appearance to the ground floor front elevation and the building overall.
The proposed flue will be located on the eastern rear elevation and will sit substantially below the ridge the building. It is also noted that the adjoining properties have flues located on their eastern elevations; the proposal is therefore not out of keeping with the appearance of the surrounding environment and locality.
Similarly the wall mounted A/C and cold room compressors will be located to the rear of the building and will not form any significant public views.
Given the above, it is considered that the proposal would not cause harm to the appearance of the street scene or surrounding landscape character, this in accordance with Policies CS.5 and CS.9 of the Core Strategy.
Neighbouring Amenity
Policy CS.9 of the Core Strategy also seeks to ensure that developments do not have an adverse impact on the amenity of neighbouring properties’ and that they provide a satisfactory living environment for future occupiers of the development.
Criterion B8 of Policy CS.9 specifically highlights that:
- Occupants of new and neighbouring buildings will be protected from unacceptable levels of noise, contamination and pollution, loss of daylight and privacy, and adverse surroundings.
Odour
The application has been supported by a report regarding the ventilation system which outlines the details the odour control solution and carries out a risk assessment. The Council’s Environmental Health Officer has been consulted on this application and has confirmed that they have no objections with regards to odour, provided that the details of the odour arrestment plant are followed, this can be controlled by condition.
Based on this information the proposed development is not considered to cause harm to the amenity of neighbouring residents due to odour pollution.
Noise
Ventilation system: It is recognised that an A5 use, inclusive of a ventilation system and air conditioning units, will generate a certain level of noise. In this instance the Council’s Environmental Health Officer has been consulted on the application and has highlighted that a noise assessment has not been submitted. Notwithstanding this, the officer has indicated that such an assessment can be controlled by a pre commencement condition.
Subject to compliance with this condition, I am satisfied that the proposed development will not unacceptably impact neighbouring amenity due to noise pollution.
Opening hours / Deliveries :
The opening hours of the business have been specified within the planning statement, these are proposed to be:
Sunday – Thursday: 11.00 – 23.00 Friday and Saturday: 11.00 – 00.00
Given the location of the proposed development within the Village Centre of Studley, it is considered that the opening hours are acceptable. The Council’s Environmental Health Officer has also raised no objection to these hours which will be controlled by condition
It is noted that no reference has been made to opening hours on bank holidays, however, it is considered reasonable to control these by condition to reflect the opening hours of Sunday – Tuesday trade, i.e. 11.00 – 23.00.
In the interest of protecting the amenity of neighbouring residents, the Councils Environmental Health officer has confirmed that deliveries to the site should be contained to the times in which the store is open. This can be controlled by condition.
Other amenity concerns
Whilst third party concerns regarding litter are noted public litter bins are located nearby and available for use by customers.
Subject to conditions I consider that the development complies with Core Strategy Policy CS.9 with regards to neighbouring amenity.
Highways Matters
Whilst third party concerns regarding highway safety, congestion and parking are acknowledged, Warwickshire County Highways have commented on the application and have raised no objection to the development.
The highway officer notes that concerns have been raised by objectors in respect of parking issues that may arise as a result of this proposal. A carpark is located to the rear of the premises and although the proposed layout of the takeaway will make the use of this facility unattractive to customers, it provides for staff parking, including delivery vehicles.
The highway officer goes on to state that observations of the use of other similar facilities nearby has indicated that the majority of customers park in other facilities nearby and the occurrences of vehicles being parked in restricted areas, causing obstruction of the Highway, is low. It is not considered that this proposal will significantly increase indiscriminate parking and therefore will have no adverse effect on the free flow of traffic in the area. I agree with the view of the highway authority and it must also be noted that the current use could be reinstated at any time without requiring planning permission and that the proposed A5 use class is likely to have a similar trip generation to the existing use as a Class A2 retail unit.
It is acknowledged that the new draft parking standards have been endorsed by cabinet (15.01.2018) which require 1 space per 5sqm. However, this document is not yet subject to public consultation and therefore the standards are afforded limited weight.
Based on the information provided and given the sites central location, within walking distance from other units / facilities, the proposed development is not considered to result in highway safety concerns, or parking concerns. This in accordance with policies CS.9 and CS.26 of the Stratford-on-Avon Core Strategy and para.32 of the NPPF, which states development should only be prevented or refused on transport grounds where the residual cumulative impacts are severe.
Flood Risk and Drainage
The site is located within Flood Zone 1 (lowest risk of flooding) where development is considered acceptable in principle. The proposed use of the site will not exasperate flood risk. As such, the proposed development complies with Policy CS.4 of the Core Strategy.
Ecological Impacts
The County Council Ecologist has been consulted on the application however has confirmed that he has no representation to make. It is therefore considered that the proposals would not cause harm to protected species, this in accordance with Policy CS.6 of the Core Strategy.
Other Matters
Bins - The proposed development includes the provision of 2no. 1100l euro bins within the rear service yard, this is considered to be a suitable level of provision. This provision can be secured by condition.
Conclusion
I consider that the current application should be determined in accordance with the adopted Development Plan. I can identify no material considerations that warrant an alternative approach.
Policy CS.1 states that the Council will take a positive approach to applications that reflect the presumption in favour of sustainable development contained in the NPPF.
On the basis of the above considerations, that the proposal is in accordance with Development Plan and that there are no material considerations that indicate otherwise, I therefore conclude that Planning Permission should be granted.
RECOMMENDATION
Whilst officers have made a recommendation on the basis of the Development Plan and other material considerations it is for the Committee to weigh and balance these in coming to a decision, based on their judgement of the available evidence.
It is therefore recommended that the application be GRANTED subject to the following conditions and notes: 1. 3 years 2. Development in accordance with plans 3. Extraction / Ventilation systems in accordance with details submitted 4. Noise from plant and equipment, submission of noise assessment 5. Opening hours 6. Delivery time restrictions 7. Bin provision
Notes
1. NPPF para 186-187 2. Signage separate application.
Robert Weeks HEAD OF PLANNING AND HOUSING