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APPLICATION NO. |
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SITE |
65 St Johns Road, Abingdon, OX14 2HA |
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PARISH |
ABINGDON |
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PROPOSAL |
Change of use of retail (E use class) into restaurant (E use class) and takeaway (Sui Generis) including installation of extraction flue system to side. |
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WARD MEMBER(S) |
Cheryl Briggs Helen Pighills |
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APPLICANT |
Mr S Chinnam |
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OFFICER |
Martin Deans |
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RECOMMENDATION |
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Planning Permission subject to the following conditions:
Standard 1. Commencement of development within three years 2. Development in accordance with approved plans
Compliance 3. Materials in accordance with application 4. Premises hours restriction 5. Extraction flue installed and maintained in accordance with details submitted 6. Restriction of use to pizza restaurant/take-away only 7. Bins to be stored as shown on plan
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1.0 |
INTRODUCTION AND PROPOSAL |
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1.1 |
This application was presented to Planning Committee on 9 March 2022. Committee resolved to defer the application to seek more information on the following:
Members also resolved to undertake a site visit when the application is due to be re-considered.
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1.2 |
The location plan is below and the previous committee report is attached at Appendix 1. The plans are attached at Appendix 2.
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2.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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2.1 |
The full version of all of these comments can be found on the planning application pages on the council’s website, www.whitehorsedc.gov.uk
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3.0 |
RELEVANT PLANNING HISTORY |
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3.1 |
P87/V1323 - Approved (09/12/1987) Demolish existing toilets and storeroom. Erection of new store incorporating external access to flat over.
P83/V1757/COU - Withdrawn (31/01/1983) Change of Use from children’s clothes shop to sale of hot food.
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4.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
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4.1 |
This proposal does not fall within one of the identified classes of development in Schedule 2 of the EIA regulations and is not in a sensitive area. A screening opinion under the Regulations is therefore not required.
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5.0 5.1 |
MAIN ISSUES This report will consider the issues that led to deferral of the application from committee on 9 March. These are:
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5.2 |
The Extraction System The applicant has confirmed that the proposed pizza oven will be gas-fired and the maintenance regime has been designed to apply to this type of oven. Further discussions have been held with officers in the Environmental Protection Team. These have clarified that the proposed extraction system may not be suitable for some other types of food operation. Consequently, the applicant has agreed to a condition on any planning permission to restrict the use of the premises to the preparation and sale of pizza only. Therefore, planning permission will be required for any other type of restaurant/take-away on the site, which will allow for further consideration of the suitability of the extraction system and whether it needs to be modified. Combining this with the condition for the maintenance schedule to be followed, officers consider the proposal has an acceptable impact on neighbours in terms of noise and odour from the extraction system.
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5.3 |
Traffic Generation and Parking The County Highways Officer has reviewed comparative data on expected traffic generation from a shop and a restaurant/take-away. The data does show the potential for a marked increase in traffic generation. The County Highways Officer remains of the view that he cannot object to the proposal for the following reasons:
For these reasons, the County Highways Officer considers the evidence available means that he cannot substantiate a sufficient degree of risk to highway safety that would yield a robust reason for refusal.
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5.4 |
Highway records show that all of the pavement outside the existing premises is public highway, and effectively falls under the parking restriction. So any parking on the pavement should be reported as a breach in the same way as above.
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5.5 |
Waste Storage and Collection The applicant has confirmed that waste bins will be stored at the rear of the premises, where bins are currently stored for the flat above. A plan has been submitted showing the proposed location of the bins, which is in Appendix 2. A condition is recommended to ensure storage of bins is as shown. The intention is that the bins will be wheeled out to the street on collection day, and then taken back. These arrangements should avoid any potential conflict with vehicles using the Tesco car park. The council’s Waste Management Officer has confirmed that commercial waste does not fall under the council’s scope of waste control and separate arrangements are made between the site operator and a private waste collector.
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6.0 |
CONCLUSION |
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6.1 |
The proposal is considered to be acceptable in terms of its impact on visual amenity. Subject to condition, the impact of the proposed flue is considered to be acceptable. In general, no likely harm to neighbours’ amenities can be identified. The factors relating to associated traffic have been carefully considered and it is concluded the proposal cannot be refused on highways grounds. Proposed arrangements for the collection of waste are considered to be acceptable. As such, the proposal is considered to comply with relevant policies of the development plan and with the NPPF. |
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The following planning policies have been taken into account: |
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Vale of White Horse Local Plan 2031 Part 1 (LPP1) (Reviewed) Policies:
CP01 - Presumption in Favour of Sustainable Development CP35 - Promoting Public Transport, Cycling and Walking CP37 - Design and Local Distinctiveness
Vale of White Horse Local Plan 2031 Part 2 (LPP2) Policies:
DP16 - Access DP23 - Impact of Development on Amenity DP28 - Waste Collection and Recycling
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Neighbourhood plan A neighbourhood plan for Abingdon is at an early stage in the process and has little weight at this time.
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Supplementary Planning Guidance/Documents Vale of White Horse Design Guide 2015
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National Planning Policy Framework and Planning Practice Guidance
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Equality Act, 2010 The application has been assessed under Section 149 of the Equality Act. It is considered that no identified group will suffer discrimination as a result of the proposal.
Human Rights Act, 1998 The application has been assessed under the Human Rights Act, particularly Schedule 1, Part 1, Article 8 and Schedule 1, Part 2, Article 1. The objections of individuals have been weighed against the public interest and the recommendation made by officers is considered to be proportionate. |
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Author: Martin Deans Contact No: 01235 422600 |
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