CLACKMANNANSHIRE COUNCIL

Report to Planning Committee of 7 June 2012

Subject: Planning Application Ref 12/00063/FULL - Change of Use of Shop to Hot Food Takeaway and Installation of Ventilation Flue at 97B Main Street, Sauchie, FK10 3JT

Applicant: Mr D Ali, 12 Maree Court, Alloa

Agent: N/A

Prepared by: Keith Johnstone, Principal Planner

Ward Clackmannanshire Central

1.0 Purpose

1.1. The purpose of this report is to summarise a planning application for the above proposed local development. The report considers the relevant policies in the Development Plan, representations received from third parties, consultation responses and any other material considerations. The report recommends that the development is approved.

1.2. This report has been prepared in response to the motion which has been put to the Council meeting on 1st June 2012, seeking approval for the application to be determined by the Planning Committee rather than by the Council's Appointed Officer under the Council's Scheme of Delegation for Local Developments.

2.0 Recommendations

2.1. The is recommended that the application is APPROVED subject to the following conditions:

1. Before any works start on site, a report on the specification of the proposed ventilation system, prepared by a suitably qualified ventilation engineer, shall be submitted to and approved in writing by the Council. The report shall include details of:

(a) ventilation and filtration equipment

(b) the location of fans, specific mounting points and installation

(c) the method of attachment of the flue to the existing building

(d) effux velocity

THIS PAPER RELATES TO ITEM 6

ON THE AGENDA

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(e) the height and position of the flue outlet (that being a minimum of 1 metre above the height of the roof edge of the building)

(f) confirmation that no cowl will be fitted

The development shall thereafter proceed in accordance with the approved details.

2. Before any works start on site, a report prepared by a suitably qualified acoustic consultant shall be submitted to and approved in writing by the Council. The report shall provide details of the location and acoustic specification of all fixed plant, machinery and equipment, predicted noise levels at the nearest noise sensitive property with any measures necessary to mitigate noise and achieve the standard described in Condition 3 below.

The development shall thereafter proceed in accordance with the approved recommendations.

3. Noise from any fixed plant, machinery and equipment shall not exceed a noise rating curve NR25 at any of the standard octave bands 31.5Hz to 8Khz when measured within a habitable room of any neighbouring noise sensitive property.

4. Before any works start on site, details of the proposals to paint the exterior of the existing roller shutter on the shop front shall have been submitted to and approved in writing by the Council, as planning authority.

Thereafter the approved works shall be completed prior to the commencement of use of the hot food shop, unless otherwise agreed in writing by the Council.

Reasons for Conditions

1. In the interests of residential amenity, having regard to the location of residential flats in relation to the site.

2. To consider these details yet to be submitted, in the interests of residential amenity of neighbouring properties.

3. In the interests of residential amenity, having regard to the location of residential flats in relation to the site.

4. In the interests of visual amenity.

2.2. Reasons for Decision

1. The proposal accords with Policies EN11, EN15, JOB3, JOB4 and JOB 7 of the Clackmannanshire Local Plan.

2. There are no objections from consultees.

3. The objections raised by third parties can be satisfactorily addressed or would not outweigh the Development Plan support for the proposal.

4. There are insufficient material considerations which would outweigh the Development Plan position.

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2.3. Plans in Relation to the Decision

1. Location Plan

2. Proposed Floor Plan

3.0 Background to the Proposals

3.1. The site comprises a vacant single storey shop unit located on Main Street, Sauchie. The shop was last used as a bakers and is situated within a row of commercial premises facing Main Street. The shop has been vacant for over 12 months.

3.2. Permission is sought to change the use of the shop to a hot food takeaway and to install a ventilation flue which would pass through the pitched roof and terminate above the ridge line. No other external alterations are proposed.

4.0 Consultations

4.1 Road and Transportation have raised no objection to the application.

4.2 Environmental Health - have no objections to the application subject to details of the proposed ventilation system and noise impacts of any plant or machinery being submitted and approved by the Council prior to any work starting on site. Comment - These details could be required using suitably worded planning conditions. Environmental Health has indicated that they see no reasons why the requirements of the proposed conditions could not be met. Consequently, it is considered that there is no justifiable reason to have this information in advance of the application being approved. Environmental Health has considered the potential environmental impacts on the nearest residential properties and the potential impacts in association with the existing hot food shops close to the site. They have no records of complaints being received from neighbours to the operation of the existing hot food shops on either side of the site.

5.0 Representations

5.1 A total of 29 neighbouring properties were notified of the application. It was also advertised in the local press for neighbour notification purposes.

5.2 The publicity has resulted in the receipt of 10 individual representations from:

• Gordon Banks, MP on behalf of his constituent, Mr Mohammed Afzal

• Mr Mohammed Afzal, 101 Main Street, Sauchie

• Grant Muir, Aspect Heating, 99 Main Street, Sauchie

• Mr A Jaconelli, 23 Main Street, Sauchie

• Tracy Brown, 36 Park Crescent, Sauchie

• George Menzie, 158 Claremont, Alloa (who owns the 13 flats at 107 Main Street)

• Carole McEwan, Flat 11, 107 Main Street, Sauchie 39

• No name (in as a person, Sauchie)

• Joeanne White, Main Street, Sauchie

• Scott Cooper, Craigbank, Sauchie

• Joe Pat, Maree Court, Alloa

5.3 A letter of objection has also been received which has been signed by the owners of 5 existing hot food takeaways, located in Sauchie and at Schawpark.

5.4 Three representations were also received which did not contain a full or proper name or address. It is not considered that significant weight can be attached to these as a result.

5.5 The main concerns raised by these parties can be summarised as follows:

a. There is already a sufficient number of hot food takeaway outlets in Sauchie and another one is not needed. Overprovision leads to a downward effect on existing businesses and investment for residents. It would be of more benefit to the town, particularly in the longer term, if these was a greater variety of shops. The proposal would result in 2 hot food shops side by side offering the same service. Comment - the issue of the level of provision and impact on the vitality and viability of the town centre is discussed in Section 6.0 below. The personal effect of the proposed business on other individual businesses is not a material planning consideration.

b. There would be inadequate customer parking and service access provision at the rear. The proposal would result in overcrowding and block access to the rear of neighbouring properties. Comment - Roads and Transportation have not objected to the application. Furthermore, the peak hours of trading would not coincide with the period of peak parking demand on Main Street. The service demands associated with the proposed use is not considered to be significantly greater than the demands that could be generated by the lawful use of the site as a shop or other comparable town centre use.

c. Concern about odour and smoke which could exacerbate the impacts from existing hot food shops nearly on neighbouring residents. Comment - Environmental Health has advised that they would have no objection in principle to the proposed use subject to the compliance with the proposed conditions. They have considered the potential impacts on the nearest properties, both individually and cumulatively, and are satisfied the use could operate without nuisance being caused.

d. The proposal would have an adverse effect on the value of adjacent flats and the ability to lease them. Comment - the effect on property value is not a material planning consideration. The advice from Environmental Health indicates that the use could operate without causing unacceptable levels of nuisance to neighbours. The site is located on the main commercial street within Sauchie where there are a range of commercial uses including a hot food takeaway below the nearest flats.

e. Concern about the adequacy of food waste storage. Comment - this issue would be regulated by Environmental Health.

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f. The proposed use of the premises would have an adverse visual impact on Main Street. Comment - it is not considered that the proposal would not result in any significant adverse visual impact compared with at present. The shop is vacant and the external roller shutter remains closed all day. In principle, it would benefit the main street to have the premises brought back into use. The use would introduce activity to the frontage in the evening when other shop units are closed. A condition has been attached to secure the painting of the existing metal shutter to enhance the appearance of the shop.

g. There is no community benefit arising from another hot food shop. Comment - the proposal would occupy a shop unit which has been vacant for over 12 months.

h. The proposal would result in a takeaway use on either side of their business which would affect their outlook. Comment - the site is located within a row of 11 premises of various commercial businesses. The main hours of operation of the takeaways would differ from the main hours of operation of the business.

6.0 Planning Considerations

6.1 The application requires to be determined in accordance with the Clackmannanshire Development Plan unless material considerations indicate otherwise. The site is located within the town centre area in Sauchie as defined by the Clackmannanshire Local Plan.

6.2 The most relevant Local Plan policies are as follows:

a) EN11 (Enhancing Environmental Quality) - proposals require to have a high standard of design and integrate with the surrounding area. Comment: It is considered that the installation of the ventilation flue could be carried out without any significant adverse impact on the visual amenity. There is an existing flue on the neighbouring hot food shop. A condition has been attached to secure the painting of the existing roller shutter to enhance its existing appearance.

b) EN15 (Planning and Environmental Protection) - the policy requires applicants to demonstrate that any environmental matter has been fully evaluated with no unacceptable impact on neighbours. Comment: In principle, the proposals would accord with this policy. Further details are required and this could be regulated using suitably worded conditions. This should ensure that the existing level of amenity of neighbours is adequately safeguarded.

c) JOB3 (Small Business) - the policy supports small business within settlements and encourages the use of vacant or allocated sites or premises. Business use will be favoured when the previous use was for this purpose. Comment: The proposal accords with this policy.

d) JOB4 (Bad Neighbour Locational Criteria) - the policy directs bad neighbour type uses, including hot food takeaways, to town centre locations subject to the Council being satisfied that the proposal would not have an adverse impact on residential amenity or create unacceptable environmental pollution. Comment: The site is located within the defined town centre area and Environmental Health has advised that they are satisfied that the use could operate without causing noise or odour nuisance subject to the proposed conditions. The proposal is considered to accord with this policy.

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e) JOB7 (Commercial Uses In Town Centres) - the policy states there is a presumption in favour of allowing a variety of commercial uses within town centre areas to help maximise and diversify the range of uses in core commercial areas. Comment: The policy provides support for a variety of commercial uses and does not set an upper limit for types of uses within a town centre area. Although objectors have raised concern about the potential adverse impact of allowing another hot food shop within the town centre area, it is concluded that the proposal would not be contrary to the terms of this policy.

6.3 In summary, the proposal would comply with the relevant Local Plan policies and would accord with the Development Plan.

6.4 The majority of representations received raised concern that the proposal would represent over provision of hot food shop takeaways in Sauchie which would result in an adverse impact on existing similar businesses and on the vitality and viability of the town centre due to the loss of a shop unit. While the potential impact of a town centre business on other individual businesses is not a material planning consideration, the potential impact on the vitality and viability of the centre is. The Service undertook a survey of town centre commercial premises to examine the level of provision and the occupancy of the units. The objectors also referred to the hot food shop at Schawpark but this is not within or on the edge of the town centre area and so it would not be reasonable to include it in the assessment

• there are 28 commercial premises of which 4 comprise hot food takeaways, and 1 is a "diner" which sells hot rolls etc during daytime hours. There is also one public house. The percentage of all units used for hot food takeaway is 18%. The proposed unit would increase the percentage to 21%

• there are currently 3 vacant units including the application site) which represents 11% of all units

• the site is located within a row of 11 commercial units, of which 2 are currently in use as hot food takeaways and 2 are vacant shops. 5 of the other units are in use as shops. The remainder are used for Class 2 purposes (office-type use).

• the other 3 hot food takeaway premises are located within different shop frontages on Main Street

6.5 Although the proposal would result in conterminous units being used as hot food shops and these would be one unit away from another hot food takeaway, we have concluded the circumstances would not in itself justify withholding permission or outweigh the level of Development Plan support;

a. the proposal would accord with Development Plan policy guidance including JOB3, JOB4 and JOB7

b. the increase in the proportion of hot food takeaways from 18% to 21% would not be sufficiently significant in relation to the vitality to the town centre.

c. Over half of the units on this frontage would still be in shop use. The frequency of 3 out of 4 units being hot food shops would not result in a sufficiently

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significant detrimental impact on the vitality of the town centre, having regard to the absence to any related Development Plan policy guidance on the issue.

d. There are 2 vacant shop units on the frontage, including the application site.

e. Environmental health have raised no objection, and there is insufficient evidence that the proposal would result in an adverse environmental impact due to the concentration of similar uses.

7.0 Sustainability Implications

7.1 None

8.0 Resource Implications

8.1 Financial Details

8.2 The full financial implications of the recommendations are set out in the report. This includes a reference to full life cycle costs where appropriate. Yes

9.0 Exempt Reports - Reasons for Exemption 9.1 This is not an exempt report.

10.0 Declarations The recommendations contained within this report support or implement our Corporate Priorities and Council Policies.

(1) Our Priorities (Please double click on the check box )

The area has a positive image and attracts people and businesses Our communities are more cohesive and inclusive People are better skilled, trained and ready for learning and employment Our communities are safer Vulnerable people and families are supported Substance misuse and its effects are reduced Health is improving and health inequalities are reducing The environment is protected and enhanced for all The Council is effective, efficient and recognised for excellence

(2) Council Policies (Please detail)

Clackmannanshire Local Plan

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11.0 Equalities Impact

11.1 Have you undertaken the required equalities impact assessment to ensure that no groups are adversely affected by the recommendations?

Yes No 12.0 Legality

12.1 It has been confirmed that in adopting the recommendations contained in this report, the Council is acting within its legal powers. Yes

13.0 Appendices

10.1 None

11.0 Background Papers

11.1 Have you used other documents to compile your report? (All documents must be kept available by the author for public inspection for four years from the date of meeting at which the report is considered)

Yes (please list the documents below) No Author(s)

NAME DESIGNATION TEL NO / EXTENSION

Keith Johnstone Principal Planner

2614

Approved by

NAME DESIGNATION SIGNATURE

Julie Hamilton Development Service Manager

John Gillespie Head of Community and Regulatory

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