Agenda item

2022/0264 1 Creswell Corner, Anchor Hill, Knaphill

Minutes:

[NOTE: The Planning Officer proposed an additional condition as set out below;

 

Within three months of the date of this decision full details of Sheffield cycle stand(s) (including positioning, height and design) must be submitted to and approved in writing by the Local Planning Authority. Unless otherwise first agreed in writing by the Local Planning Authority the new Sheffield cycle stand(s) must be installed within two months of the details being approved and must thereafter be permanently retained and maintained for the lifetime of the use hereby permitted.

 

Reason: To promote the use of more sustainable modes of transport than the private motor vehicle in the interests of highway and pedestrian safety and the amenities of the area in accordance with Policies CS18 and CS21 of the Woking Core Strategy (2012), Policy DM7 of the Development Management Policies DPD (2016), SPD Hot Food Takeaway (2014) and the provisions of the National Planning Policy Framework (NPPF).

 

The Committee considered an application for the change of use from Class E (Commercial, Business and Service) to hot food takeaway (Sui Generis) with a fan grille extractor opening to the rear.]

 

The Chairman commented that the previous application had been turned down and queried what had significantly changed. The Planning Officer advised that there was a large flue in the previous application that had now been removed, reduced opening hours and there was now a proposal for cycle parking.

 

Following a question regarding the decibel levels of the fan system, the Planning Officer explained that as part of the proposal, details of a silencer and frequency bands must be submitted; this was a condition recommended by Environmental Health. Refrigeration units would also now be placed internally within the premises. The Planning Officer was confident that any adverse noise levels would be covered by the conditions. Regarding how compliance would be checked, the Planning Officer commented that any neighbour complaints would be followed up and maintenance records of the extraction system would be checked.

 

Members queried why there was no longer any highways concerns for the current application. The Planning Officer explained that on the refused application, Surrey Highways had requested bollards to be installed, although when the applicant had not provided a scheme for bollards Surrey Highways did not raise an objection to the refused application. The Planning Officer advised that the applicant was now proposing bollards Surrey Highways had raised no objection to the current application.

 

Following a comment regarding the concentration of takeaways in the vicinity, the Planning Officer commented that the previous application had not be refused on these grounds, so it would be unreasonable to refuse on these grounds now.

 

Following a question regarding increased litter bins for customers, the Planning Officer confirmed that there was currently no condition regarding this. However, if the Committee were minded to approve the application, a condition could be added.

 

Councillor M Whitehand, Ward Councillor, made comment regarding the antisocial parking and the dropped kerb. The Planning Officer advised that bollards could not obstruct a pedestrian dropped kerb, which was there for disability reasons. The Planning Officer commented that the proposed bollards would not prevent pulling up on the kerb, but that they would prevent pulling onto the pavement entirely. The Planning Officer advised that a scheme for bollards was to be secured via recommended condition.

 

Councillor M Whitehand, Ward Councillor, went on to comment that the application had been previously refused on the ground that living conditions of nearby accommodation and issues with on-street parking. The Councillor thought that these reasons had not been overcome.

 

Several Members, including the Ward Councillor, were unsure why the applicant had been allowed to trade before this application was approved. There were twenty-two letters of objection with very relevant concerns regarding the impact of this shop on residents, parking, strong cooking smells, noise etc. Members noted that many calls had been made to Environmental Health regarding health and issues with hygiene rating.

 

Councillor M Whitehand proposed, and it was duly seconded by Councillor S Dorsett, that the application be refused on the grounds that the application would adversely affect living conditions of the occupiers nearby in relation to noise and would exacerbate existing on-street car parking problems/pressure.

 

The Chairman commented that there was no evidence that parking issues were specifically related to this takeaway, as there was several shops on this parade and opposite.

 

The Planning Officer reminded the Committee that the premises could be used as a café/restaurant without any further planning permission and could operate at any times. If the application was refused, the takeaway would not cease trading instantly, an enforcement notice would need to be issued to require cessation of the takeaway use.

 

Members commented that residents were deeply concerned regarding traffic flow late at night. It was commented on that the bollards would not prevent mopeds/online delivery collection (such as Just East) from mounting, and parking on, the pavement entirely.

 

In accordance with Standing Order 22.2, the Chairman deemed that a division should be taken on the motion above.  The votes for and against refusal of the application were recorded as follows.

In favour:                           Cllrs, J Brown, S Dorsett, P Graves, S Oades, T Spenser and M Whitehand.

                                 TOTAL:  6

Against:                              Cllrs T Aziz, A Boote.

                                 TOTAL:  2

Present but not voting:      Cllrs G Cosnahan and L Morales (Chairman),

                                 TOTAL:  2

The application was therefore refused.

 

RESOLVED

 

That the application be REFUSED

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