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APPLICATION No: 16/69161/FUL APPLICANT: Mr M Akhtar LOCATION: Weaste Grill, 68 Edward Avenue, , M6 8DA, PROPOSAL: Application for the variation of opening hours WARD: Weaste And

Description of Site and Surrounding Area

The site to which the application relates is occupied by a single storey building which is in use as a hot food takeaway. It is rendered to the front elevation and is of brick construction to the side and rear elevations. The unit is set back from the back of the footpath by approximately 10 metres and this area is currently used for parking. The application property is located adjacent to an off license (No.66 Edward Avenue) on one side and the Weaste Hotel on the other.

The area is predominantly residential and is characterised by two-storey terraced and semi-detached dwellings of brick construction.

Description of Proposal

Planning consent is sought to vary the hours of operation attached to 12/61647/FUL.

The site currently has permission to operate between the hours of 11.00 to 20.00 on Mondays to Fridays and 16.00 to 20.00 on Saturdays. The application form indicates that the applicant initially applied to operate between the hours of 11:00 until 22:00 Monday to Sundays. However, following discussions, the applicant has agreed to amend this to 11:00 until 22:00 Mondays to Saturdays, with no opening on Sunday.

Publicity

Earliest Decision Date: 12th January 2016

Site Notice: Not applicable.

Press Advert: Not applicable.

Relevant Site History

16/68941/DISCON - Request for confirmation of compliance with conditions 3 (noise), 5 (bins) and 6 (colour scheme) attached to planning permission 12/61647/FUL (28th October 2016).

16/68409/FUL - Application for the variation of opening hours (Refused 19th August 2016)

Reason for Refusal:

The proposed development would have a detrimental impact on the amenity of neighbouring residents by reason of noise, disturbance and general activity. As such, the proposal is considered to be contrary to policies S4 and EN17 of the Unitary Development Plan and the Hot Food Take Aways Supplementary Planning Document.

The applicant on this planning application had applied for the opening hours of 14:00 until 23:00 7 days a week.

12/61647/FUL - Change of use to hot food takeaway (A5) a new shop front with roller shutters and an externally mounted flue to the rear elevation - Refuse - 21 June 2012

The applicant appealed this decision. The Planning Inspectorate allowed the appeal subject to a number of conditions including the opening hours, submission of noise mitigation measures and bin provision.

The condition placed on this application related to the opening hours was “The use hereby permitted shall not be open to customers outside the following hours of 11.00 to 20.00 Mondays to Fridays and 16.00 to 20.00 on Saturdays”.

10/58898/COU - Change of use from retail (class A1) to shop for the sale of hot food (class A3) and installation of a flue on the rear elevation and opening up of front display window with the installation of roller shutters - Refuse - 25 June 2010

03/45766/COU - Change of use from retail (Class A1) to shop for the sale of hot food (Class A3) - Refuse - 17 April 2003

Neighbour Notification

The occupiers of 21 neighbouring properties were notified of the planning application.

Representations

174 representations were received by the Council, of which there were 73 citing objections and 101 in support. Councillor Hesling had also objected to the scheme and requested that the application be determined by Panel. The representations of support raise the following points: - Takeaway shuts too early and at a time when people want food; - ’s takeaways are open later; - Friendly staff; - Location and lack of alternatives;

DCINIT.RTF - Good food hygiene; - Positive role in the community; - Good quality of food and service; - Ability to deliver; - There are not many takeaways around this location;

In addition, some of the responses indicate that people have travelled from as far as Swinton and Manchester to eat from the takeaway. The representations of objection raise the following points (with Officer comments in italics) - Increased litter – The applicant could be required to provide a bin to cover the extended hours by condition to help prevent customers discarding their waste on the street. Although it is recognized that litter is often associated with hot food takeaway (HFTA) uses, refusing the application on this basis could not be defended at appeal otherwise it could be a basis to refuse all new HFTA applications which is clearly an unreasonable position to take.

- Increased noise – This is discussed within the report below. - Increased anti-social behaviour in the area – This is discussed within the report below. - The takeaway is within a Community Space Protection Order Area – The application site is located within the Weaste Public Spaces Protection Order and will be discussed within the report below.

- Owner has ignored planning conditions placed on the takeaway – This is discussed within the report below.

- The Council has previously refused applications at this premises before, the takeaway was approved on appeal based on narrower opening hours – The impact of the additional hours of opening is discussed within the report below.

- School children are being targeted by the takeaway – The increase in opening hours will be assessed in relation to Policy HFTA 2 of the Supplementary Planning Document - Hot Food Takeaway. This is discussed within the report below.

- Owner has ignored planning conditions for this shop and has opened later than should do – Officers are aware that there is currently a live enforcement case against the premises operating outside the approved hours. However this planning application would seek to regularise this.

- More cars within the street – The Local Highways Authority raised no objections to the previous scheme and it is not considered that the change in hours in this scheme would result in a significant impact on the free flow of traffic on the highway.

- Issues relating to the shop next door including underage drinking, and littering – this application relates to the hot food takeaway and not to the adjacent convenience store. These issues are therefore separate to the application proposals and outside the remit of assessment for this planning application.

Consultations

Urban Vision Environment (Air and Noise) –

“Salford City Councils Supplementary Planning Document on hot food takeaways states “within an area that is primarily residential in character, the hours of opening will be restricted to 8am to 10pm on Mondays to Saturdays, with no opening on Sundays and bank holidays”.

It is therefore that I recommend refusal in its current form, however if the applicant were to reconsider the proposal such that the takeaway open from 11am to 10pm Monday to Saturday, with no opening on Sundays and bank holidays, I would be accepting of the application.“

Greater Manchester Police –

“The only incidents that we have had at that location in the past 12 months is Trouble with Youths in the shop next door and a parking issue outside that address. There have been no crimes reported”

DCINIT.RTF Planning Policy

Development Plan Policy

Unitary Development Plan DES 7 - Amenity of Users and Neighbours This policy states that all new development, and alterations and extensions to existing buildings, will be required to provide potential users with a satisfactory level of amenity, in terms of space, sunlight, daylight, privacy, aspect, and layout. Development will not be permitted where it would have an unacceptable impact on the amenity of the occupiers or users of other developments.

Unitary Development Plan EN17 - Pollution Control This policy states that in areas where existing levels of pollution exceed local or national standards, planning permission will only be granted where the development incorporates adequate measures to ensure that there is no unacceptable risk or nuisance to occupiers, and that they are provided with an appropriate and satisfactory level of amenity.

Unitary Development Plan S4 - Amusement Centres, Restaurants and Cafes, Drinking Establishments and Hot Food Takeaways This policy states that proposals for amusement centres, and any uses falling within Classes A3, A4 or A5 of the Town and Country Planning (Use Classes) Order 1987, will not be permitted where the use would have an unacceptable impact, either in itself or cumulatively, on residential amenity, safety of pedestrians and road users, vitality and viability of a town centre or neighbourhood centre and visual amenity.

Other Material Planning Considerations

National Planning Policy

National Planning Policy Framework

Local Planning Policy

Supplementary Planning Document - Hot Food Takeaway

This policy document expands on the policies in Salford’s Unitary Development Plan to provide additional guidance on the development of hot food take aways. It explains the council’s overall approach to hot food take away development, and sets out detailed advice on appropriate concentrations of hot food take away establishments, measures to protect the amenity of surrounding residential occupiers, appropriate standards for parking, and servicing for delivery and waste collection services.

Policy HFTA 2 of the Supplementary Planning Document - Hot Food Takeaway states that when a hot food takeaway is proposed within 400 metres of a Secondary school; planning permission will only be granted subject to a condition that the premises are not open to the public before 5pm Monday to Friday and no over the counter sales before that time.

Policy HFTA 3 of the Supplementary Planning Document - Hot Food Takeaway states that applications within primarily residential areas, hours of opening will be restricted to 8am to 10pm on Mondays to Saturdays, with no opening on Sundays and bank holidays. The policy goes on state that the noise generated from the cooking process and the attraction of large numbers of people at particular times of the day mean hot food take away establishments can produce a higher degree of noise and disturbance than other kinds of retail use.

Policy HFTA 5 of the Supplementary Planning Document - Hot Food Takeaway states that in assessing planning applications for hot food takeaways, the Council will consider issues around community safety, crime and disorder.

Appraisal

Background

DCINIT.RTF In 2012, the Planning Inspectorate allowed an appeal regarding the refusal by the LPA of application 12/61647/FUL for the change of use to hot food takeaway (A5) a new shop front with roller shutters and an externally mounted flue to the rear elevation.

The Planning Inspectorate stated that taking into consideration the limited opening hours, existing adjacent public house (now converted into a hotel albeit planning permission is being sought retrospectively to establish the use) and adjacent newsagents, the proposal was not considered to result in a detrimental loss of residential amenity to neighbouring residents. The Planning Inspectorate stated that details of the extraction flue should be submitted to the council to protect nearby residents from noise, vibration, fumes and odours from cooking processes.

The applicant applied to vary the opening hours of the take away to operate between 14:00 and 23:00 7 days a week through 16/68049/FUL. This was contrary to Policy HFTA 3 of the Supplementary Planning Document - Hot Food Takeaway and was refused.

The approval of a Section 73 application grants a new planning permission in its own right. The application was originally approved under 12/61647/FUL, with this application seeking to make amendments to that permission.

When considering a Section 73 application regard should be had to any changes on site or within the surrounding area and any changes to planning policy since the previous planning permission was granted. The area remains predominantly residential in character albeit the adjacent Weaste Hotel has since ceased its use as a public house. The application was determined previously at appeal in accordance with the saved policies of the City of Salford Unitary Development Plan, relevant supplementary planning documents, all of which are still part of the Development Plan for the City and the National Planning Policy Framework.

There is no requirement to revisit all issues considered under the original application through the determination of this application other than where they are pertinent to the determination of this application. The key issues in the determination of this application relate to the impact on amenity from the comings and goings of customers and activities of staff. Consideration of the anti-social behavior is also relevant.

Amenity

The Inspector noted in her report that due to the existing public house the proposed takeaway would not alone result in a detrimental impact on the amenity of the neighbouring residents given the background noise and late evening activity typically associated with a PH. Given the closure of the PH the impact of late night opening for the HFTA would be more prominent and have the potential to cause greater harm to the amenity of neighbouring residents. The Inspector also noted that the proposed takeaway did not open later than the PH and the newsagents.

There is no planning history for the newsagents and as such there are no planning limits on the opening hours for this shop. According to the website for ‘Go Local Extra’, to which the shop is part of this chain, the shop opening hours are between 7:30 – 22:00 Monday to Sunday. While the PH is now closed, the shop is open until 10 pm and as such the proposed takeaway would still not be open any later than the newsagents. As such, the extension of the takeaway opening hours would not extend the existing levels of night time activity in this locality.

The Air and Noise Team had raised concerns over the hours as applied for on the application from, however they had stated that they would raise no objections to the application if the hours were amended to be policy complaint. The applicant has since agreed in writing for Officers to condition the hours of between 11:00 and 22:00 Mondays and Saturdays with no Bank Holiday opening hours, which are now compliant with Policy HFTA 3 of Hot Food Takeaway SPD.

Officers through the above representations are aware of the concerns from local residents over anti-social behaviour and increased crime/fear of crime. As such, Police were consulted. They had identified that in the previous 12 months at this location, there were some issues with youths relating to the shop next door and a parking issue outside the address, however no crimes were reported. In addition, Greater Manchester Police noted in a subsequent correspondence that a local officer for the area had mentioned no

DCINIT.RTF issues with the shop and staff, with the owner identified as ‘very proactive in the community preventing and dealing with potential issues’. Therefore there is insufficient evidence to identify that the takeaway itself is directly responsible for crime, fear of crime or anti-social behaviour incidents.

With regards to the Community Space Protection Order Area comments raised in the representations of objections and Councillor Hesling’s response, Greater Manchester Police have confirmed that the site is located within a Public Spaces Protection Order. The effect of the Order is to restrict the behaviours of persons that would have an impact on the quality of life of those within the locality. The prohibited activities are as follows:

o “Not to throw or otherwise propel any object at any person, vehicle or property without the consent of that person or the owner of that vehicle or property; o Not to make physical contact with property or vehicle belonging to another person without the express or implied consent of the owner of that property or vehicle o Not to act in an aggressive or threatening manner or use threatening or abusive language”

It is considered, based on the crime statistics provided by Greater Manchester Police and response from a local officer, that the takeaway is not a focal point for crime. It is considered that if there are any anti-social behavioural issues relating to this area, this appear to be separate to the takeaway and as such cannot form a basis for refusal for this application.

Healthy Eating

The application would not conflict with policy HFTA 2 of the Hot Food Takeaway SPD as there is no secondary school within 400 metres of the application site. There is a primary school located within this distance, however this policy does not apply to primary schools.

Recommendation – Approve with Conditions

1. The use hereby permitted shall not be open to customers outside the following hours of 11.00 to 22.00 on Mondays to Saturdays. There shall be no opening on Sundays and Bank Holidays.

Reason: In the interest of the amenity of residents in accordance with policy EN 17 of the City of Salford Unitary Development Plan and the National Planning Policy Framework.

Statement of conformity with Article 35 of The Town and Country Planning (Development Management Procedure) () Order 2015

The Local Planning Authority worked positively and proactively with the applicant to identify various solutions during the application process to ensure that the proposal comprised sustainable development and would improve the economic, social and environmental conditions of the area and would accord with the development plan. These were incorporated into the scheme and/or have been secured by planning condition. The Local Planning Authority has therefore implemented the requirement in Paragraphs 186-187 of the NPPF.

DCINIT.RTF