http://publicaccess.salford.gov.uk/publicaccess/applicationDetails.do?activeTab=summary&keyVal=OHHY9DN PJB900 APPLICATION No: 16/69161/FUL APPLICANT: Mr M Akhtar LOCATION: Weaste Grill, 68 Edward Avenue, Salford, M6 8DA, PROPOSAL: Application for the variation of opening hours WARD: Weaste And Seedley 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 City of Salford 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; - Manchester’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.