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Wolverhampton City Council OPEN DECISION ITEM

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Wolverhampton City Council OPEN DECISION ITEM Agenda Item No: 6 Wolverhampton City Council OPEN DECISION ITEM Committee / Panel PLANNING COMMITTEE Date: 20th May 2008 Originating Service Group(s) REGENERATION AND ENVIRONMENT Contact Officer(s) Stephen Alexander (Head of Development Control) Telephone Number(s) (01902) 555610 Title/Subject Matter PLANNING APPLICATIONS Recommendation That Members determine the submitted applications according to the recommendation made in respect of each one. PLANNING COMMITTEE (20th May 2008) REFERENCE SITE ADDRESS WARD PAGE NO 08/00174/FUL 213 Staveley Road St Peter's Page 5 Wolverhampton West Midlands WV1 4RS Application Type Minor Retail 07/01733/FUL True Briton Wednesfield North Page 11 Snape Road Wolverhampton West Midlands WV11 2NP Application Type Minor Retail 08/00093/FUL 20 Riley Crescent Graiseley Page 15 Wolverhampton West Midlands WV3 7DS Application Type Minor Dwellings 08/00420/RN Former Royal Mail Sorting Office Heath Town Page 20 Corner Of Corn Hill And Horseley Fields Wolverhampton West Midlands Application Type Smallscale Major Dwelling 07/01783/OUT Battery Rolled Metals Factory Ettingshall Page 30 Cable Street Wolverhampton West Midlands WV2 2HX Application Type Smallscale Major Dwelling 07/01800/OUT Land At Steelhouse Lane/ Ettingshall Page 41 Cable Street Wolverhampton West Midlands Application Type Smallscale Major Dwelling 2 REFERENCE SITE ADDRESS WARD PAGE NO 08/00223/FUL Pumping Station Blakenhall Page 52 Goldthorn Hill Wolverhampton West Midlands WV2 3JA Application Type Smallscale Major Dwelling 08/00399/FUL 182-183 Stafford Street St Peter's Page 61 Wolverhampton West Midlands WV1 1NA Application Type Smallscale Major Dwelling 07/01760/OUT Land At Gordon Street Ettingshall Page 67 Wolverhampton West Midlands Application Type Smallscale Major Dwelling 08/00360/FUL Land And Buildings To The East Heath Town Page 73 Side Cambridge Street Wolverhampton West Midlands Application Type Smallscale Major Dwelling 08/00290/FUL Wood Hayes Inn Fallings Park Page 81 Wood End Road Wolverhampton West Midlands WV11 1YD Application Type Smallscale Major All Other Development 07/01757/FUL Premier Works Heath Town Page 89 Tremont Street Wolverhampton West Midlands WV10 0ED Application Type Smallscale Major General Industry 3 REFERENCE SITE ADDRESS WARD PAGE NO 07/01720/FUL Bilston Town Bowling Club Bilston North Page 96 Villiers Avenue Wolverhampton West Midlands WV14 6AU Application Type Minor Dwellings 08/00293/DWF Fieldside Walk Bilston North Page 103 Wolverhampton West Midlands Application Type Minor All Other Development 08/00347/FUL 38 Birches Barn Road Graiseley Page 107 Wolverhampton West Midlands WV3 7BN Application Type Householder 4 PLANNING COMMITTEE - 20-May-08 APP NO: 08/00174/FUL WARD: St Peter's DATE: 06-Feb-08 TARGET DATE: 02-Apr-08 RECEIVED: 06.02.2008 APP TYPE: Full Application SITE: 213 Staveley Road, Wolverhampton, West Midlands, WV1 4RS PROPOSAL: Retrospective change of use from retail shop to a Restaurant/Café (A3 Use Class). Proposed single storey rear extension, extended roof canopy and erection of two external flues one of which is retrospective and is to be concealed by a proposed brickwork screen. Removal of external roller shutter / shutter box and tiled shop front. Rendering of main elevation. APPLICANT: AGENT: Mr SMS Shekki Mr M. Gay C/o 213 Staveley Road 55 Belencroft Gardens Wolverhampton Merry Hill West Midlands Wolverhampton WV1 4RS WV3 8DU COMMITTEE REPORT: 1. Application Site and Background 1.1 The application site is a terrace premises with A1 Retail Use Class rights, with first floor accommodation above. The shop previously sold mobile phone equipment but has been operating as an unauthorised restaurant / café, since summer 2007. The premises is, situated approximately 1km north of the City Centre, positioned adjacent to a corner junction between Staveley Road and Leicester Street. 1.2 Although, not designated as a local centre in the UDP, it appears that this shopping parade functions similarly to one, with a variety of retail units, medical centre, catering, religious facilities and other community meeting places. 1.3 The parade of shops, at the time of the site visit consisted of: 200 – Empty (previous use as a bookmaker) 201-204 – Previously individual shops due to reopen as a single clothing store 205 – Minimarket 206 – Empty. Permission approved in October 2007 for a change of use to Hot Food Takeaway A5, external rear flue and single storey rear extension (07/00341) 207 – Electronic Store 208-209 – Minimarket 210-211 – Hot Food Takeaway 212 – Chemist (Pharmacy) 213 – (Application Site) 1.4 Apart from this cluster of retail and other uses, the area is predominantly residential. Most of the properties in the vicinity are terraced, with no set back from the rear of the footpath. 5 2. Application Details 2.1 This application seeks permission to change the use of the premises from an A1 retail use to a café / restaurant (Asian Food). The applicant has advised that the shop had been empty for six months prior to the start of the unauthorised use in summer 2007. 2.2 In order to facilitate this change of use, it is proposed to erect a single storey rear extension and extend the roof canopy. The application also seeks permission for two extractor flues, one of which has already been erected and it is proposed to conceal that flue by way of a brickwork screen. The existing external roller shutter / shutter box and tiled shop front would be removed and the main elevation would be rendered to match the appearance of the other shops in the row. 2.3 The applicant proposes to operate the café and restaurant from 08.00 hours to 23.00 hours Monday to Saturday and 08.00 hours to 22.00 hours on Sundays. The proposed café/restaurant would employ three to four people. The applicant advises that the residential premises above the subject premises, is currently occupied. Highway improvements have recently been carried out in the vicinity and there are 16 car parking bays provided. 3. Planning History 3.1 An application (Reference Number 07/01075/FUL) for change of use to A3 Restaurant/Cafe, single storey rear extension and erection of external flue was refused permission on 10 October 2007. The principal reasons for refusing that application were that the submitted plans were inaccurate. The application included insufficient details of the operation of proposed use and there was inadequate justification for locating a non-retail use in an out of centre location. 3.2 07/00168/FUL – Change of use to A5 (Hot Food Takeaway) and external alterations to shop front. Refused – 17.04.2007. 3.3 07/00160/FUL – Erection of external stair case to form a first floor flat. Granted – 17.04.2007. 4. Constraints 4.1 None 5. Relevant policies 5.1 D1 Design Quality D6 Townscape and Landscape D9 Appearance D11 Access for People with Disabilities SH9 Local Shops and Centre Uses SH14 Catering Outlets EP1 Pollution Control EP3 Air Pollution EP5 Noise Pollution AM12 Parking and Servicing Provision AM15 Road Safety and Personal Security SPG No.5 – Shopfront Design Guide 6 6. Publicity and Neighbour notifications 6.1 The application was advertised by press notice, site notice and letters to neighbouring occupiers. At the time of writing this report a petition of support containing 141 signatures had been received. Two letters of objection were submitted by the Partners of the adjacent Leicester Street Medical Practice. The following comments were raised: • The application plans and details do not accurately reflect the true size of the single storey rear extension. • The rear staircase and external flue have already been installed. • The parade of shops is not a defined centre and there is already ample provision of restaurant/café to meet local demand. • The external flue produces unpleasant smells and odours which would be detrimental to the amenities that staff and patients of the practice should expect to enjoy. • The supporting statement regarding parking and access is inaccurate. There is a mini-roundabout which is often obstructed by large vehicles that are carrying out deliveries to the shops in the parade or when refuse is collected. The roads in the vicinity are very narrow and whenever vehicles provide obstructions this is to the detriment of the free flow of traffic and highway and pedestrian safety. 7. Internal consultees 7.1 Environmental Services – Full details of ventilation and odour control system required. Odour neutralising system required for external flues. Refuse storage unacceptable design. Restrict hours of deliveries and collections to not be made before 7am. 7.2 Transportation Development – No reply or response at time of writing report. 7.3 Planning Policy – No objections in principle subject to the proposal complying with UDP Policy SH9. 7.4 Access Officer - : A number of comments are made relating to Part M of the Building Regulations. 8. External consultees 8.1 None 9. Appraisal 9.1 The application site lies within a parade of shops not defined as being within a district or local centre, therefore UDP Policy SH9 applies. That policy says that the Council will seek to ensure the provision and retention of local shops. Proposals for new local shops and centre uses by new build or change of use, which are located outside the defined boundaries of local centres, will only be permitted where it can be shown that the following criteria have been met: 1. There is a demonstrated local need; 2. The proposed development is commensurate in scale with the local need that has been identified; 3. The proposal will help to reduce the need to travel; 4. There would be no detriment to any defined district or local centres; 7 5. There will be no adverse impact on highway safety, the free flow of traffic and residential amenity; and 6. The site of the proposal is adjacent to an existing cluster of shops, unless it is shown that no site in such a location is available.
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