Change of use from (A1) shop to (A5) hot food takeaway restaurant; associated alterations and the provision of 2No. off-street car-parking spaces

In accordance with his declaration at Minute 68, Councillor Keith Roberts left the room during consideration of this application. 

The Technical Specialist Planning Officer introduced the application for the Change of use from (A1) shop to (A5) hot food takeaway restaurant; associated alterations and the provision of 2No. off-street car-parking spaces. Members’ attention was drawn to the information contained within the Schedule of Additional letters and an additional late letter received from an objector was referred to by the Technical Specialist Planning Officer.

In accordance with the Local Protocol for Councillors and Officers dealing with Regulatory Matters (Part 5, Paragraph 15.1) Councillor Alex Phillips, as local ward councillor, made a statement and then left the room, took no part in the debate and did not vote on this item. During their statement, the following points were raised:

·         He did not feel that the application had materially changed from that which had previously been refused by the Central Planning Committee;

·         The highways report ignored the reduction in parking; and

·         The total parking provision had not changed

The Technical Specialist Planning Officer clarified that this application differed from the application previously refused as it now included two off road parking spaces, designated for customer use.  The Technical Specialist Planning Officer also reminded the Committee that Shropshire Council’s Highways Team had raised no concerns in relation to highways safety. 

During the ensuing debate Members whilst acknowledging that the proposal was materially different to that previously refused, in that it provided two designated off road parking spaces, expressed concerns at the loss of on road parking spaces in an already busy area, where parking was already minimal.  Concern was expressed at the impact the loss of parking and the additional traffic the takeaway would generate on local residents and that problems in the area would be exacerbated.  Overall, the majority of Members felt that there would be an unacceptable effect on highway safety.  Members also felt that weight should be given to the decision of the Planning Inspector who dismissed the application at appeal and also to the views of the local ward Councillor. 

RESOLVED:

That Planning Permission be refused, contrary to the Officer’s recommendation for the following reasons:

It is acknowledged that the fall-back position is for use as an A1 retail unit (including use as an off-licence).  However, having regard to the Inspectors previous decision this fall-back position is given little weight.  Although the proposal is materially different to the earlier refusal in that it includes 2 off -road parking spaces that would be available for customers and delivery vehicles (and not staff), the earlier proposal did indicate that there would be parking available for 3 members of staff to the rear of the adjoining house in the ownership of the applicant.  It is therefore considered that the proposed development provides in-sufficient off-street parking spaces for both staff, customers and deliveries to and from the site.  It is considered that the proposed A5 use would generate an increased demand for parking at times when there is likely to be minimal parking available in the surrounding streets.  Road conditions and parking on Wood Street lead to potentially hazardous reversing on the highway.  Car trips to the proposed takeaway would either exacerbate the parking and car movement problems on Wood Street or lead to drivers seeking to avoid them by parking illegally on Ellesmere Road. In either case, there would be an unacceptable effect on highway safety contrary to Shropshire Councils adopted policies CS6 and MD2.