Draft SPG13
Development Control Policy on Hot Food Take-Away
Shops
Gateshead UDP: Deposit Draft Replacement Plan
JULY 2004
PREFACE
This document is one of a series of Supplementary Planning Guidance (SPG) which
is being made available for comment in association with the Gateshead's Deposit
Draft Replacement Unitary Development Plan. It emerges from the Plan (UDP) and
is intended to clarify and amplify policies contained in it.
SPG is not part of the development plan but it must be cross-referenced with the
plan and be prepared in consultation with the public. It is issued separately from it
and does not have the special status accorded to policies in the plan by the Town
and Country Planning Act 1990. However in determining planning applications, it is
a material planning consideration and is afforded considerable weight.
SPG is being made available for comment for a period of eight weeks between
Monday 2nd August and Monday 27th September 2004.
If you wish to make any comments on it, please do so in writing to the following
address:
Spatial Strategy Team
Planning and Environmental Strategy
Development and Enterprise
Gateshead Council
Civic Centre
Gateshead
NE8 1HH
If you would like any further information about assistance with SPG, or to purchase
further copies, please contact the Spatial Strategy Team at the above address or
by telephone on 0191 433 3000.
EXPLANATORY NOTE
Supplementary Planning Guidance has been prepared to amplify and clarify policies
contained in Gateshead's Deposit Draft Replacement Unitary Development Plan.
The full list of documents intended to accompany the plan is as follows:
SPG1
SPG2
SPG3
SPG4
SPG5
SPG6
SPG7
SPG8
SPG9
SPG10
SPG11
SPG12
SPG13
SPG14
SPG15
SPG16
SPG17
SPG18
SPG19
SPG20
Conservation Policy Guidelines*
Crime Prevention in New Development
Re-use of Rural Buildings incorporating Design Guide*
Children’s Play Area Standards
Provision of Open Space and Landscaping in New Developments
Tyne Gorge Study
Areas of Special Character: Broom Lane and Eighton Banks,
Wrekenton*
MetroCentre*
Lifetime Homes and Wheelchair Housing
Public Open Space Needs and Standards
Affordable Housing
Northside, Birtley
Development Control Policy on Hot Food Take-away Shops
Cycling Strategy for Gateshead*
Car Parking in New Development
Chopwell, Heartlands
Kibblesworth North
West of Derwenthaugh Road
Derwent West Bank
North of MetroCentre
*These items are not available for consultation purposes:
 SPGs 1 and 3 are simply being carried forward as unchanged items of existing
SPG;
 SPG15 is adopted Council policy and was prepared in consultation with the
cycling organisations in 2002 and is not available for further consultation; and
 SPGs 7 and 8 are still in preparation.
Additional items of SPG may be identified at a future date.
1.
PURPOSE
1.1
The Town and Country Planning (Use Classes) Order 1987 has divided shops
and other uses considered to be appropriate to shopping centres into the
following categories:-
1.2
Class A1
Shops
Class A2
Financial and Professional Services
Class A3
Food and Drink
Hot food take-away shops fall within the Use Class A3 and may simply be
defined as retail outlets where a substantial proportion of the sales of hot
food is for consumption off the premises. Under the provisions of the Use
Classes Order planning permission is required for a change of use from a
normal type of shop to a shop selling hot food for consumption off the
premises.
1.3
The incidental sale of limited quantities of hot food products by bakery
shops opening normal hours would usually not involve a material change of
use, and would therefore most probably not require planning permission.
1.4
Use Class A3 also embraces a wide range of restaurant and catering uses
such as cafes, restaurants and public houses. Planning permission is not
normally required to change the use of premises already in this use to a hot
food take-away (or vice versa). Where “permitted development” rights for
such changes have been withdrawn, planning permission may be required.
The Development Control Section in Regulatory Services provides advice on
such matters.
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2.
2.1
DEVELOPMENT PLAN
Policy RCL7 of the Draft Replacement Gateshead Unitary Development Plan
states:
RCL7 Planning permission will be granted for food and drink uses (Use
Class A3), including hot food take-aways, where:
a) the location is in accordance with the sequential approach set
out in Policy RCL8;
b) they do not have an unacceptable impact on road safety, the
environment, amenity, the character of the surrounding area
or the vitality and viability of that centre; and
c) they would not lead to an over-concentration of such uses in
any one location.
2.2
The following more detailed guidelines provide further guidance to
supplement the policy.
3.
RELEVANT FACTORS
Sequential Approach
3.1
The sequential approach to proposals for retail development, including hot
food shops, means that the Town, District and Local centres are the
preferred location for development. The availability, suitability and viability
of more central sites within these centres should be assessed. Proposals for
small-scale retail or service facilities on sites outside existing centres,
where there is a need to improve access to such facilities for sociallyexcluded groups and for residents living in remote parts of the Borough, will
be considered accordingly.
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Highway Matters
3.2
Road safety and the convenience of highway users merits consideration
where the premises front onto a busy traffic route, are near to a road
junction, are located such that many customers arriving on foot will have to
cross a busy main road or use inadequate footpaths, or where car parking is
inadequate. A feature of hot food take-away shops is their tendency to
generate short-term on-street car parking. It follows therefore that they
may be best located on secondary roads or on sites not fronting directly
onto a highway. Off-street car parking associated with the premises may
help solve this problem if it is convenient; but it may not always be
attractive to customers and may be thus little used.
3.3
The Council’s Transport Strategy Team within Development and Enterprise,
acting in the capacity of adviser to the Council as local highways authority,
is consulted on planning applications including those involving hot food
take-aways. The advice received is taken into account in determining
applications which may result in a refusal decision.
Amenity and Character
3.4
The impact of hot food shops on amenity and the character of the
surrounding area can vary and is often difficult to assess. It will depend on:
a)
the relationship to other developments and uses in the vicinity;
b)
the appearance of the premises when they are located in an
attractive group of buildings or frontage, and the effect on the
architectural or historic character of listed buildings, locally listed
buildings or conservation areas;
c)
the likely route that would be used by customers to and from the
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premises from parked cars, houses and places of work;
d)
the degree of control possible over the conversion and operation of
the premises particularly in relation to hours of opening; and the
reduction and dispersal of cooking smells and fumes, taking into
account the characteristics of the particular hot food outlet;
e)
the effects of the concentration of similar types of outlets within a
locality where the introduction of another one would exacerbate
existing or create new problems;
f)
whether the premises will be closed during normal daytime trading
hours and the effect this may have upon the viability of nearby
premises and the vitality of a centre
3.5
The main environmental problems arise from:a)
noise/disturbance arising from the activities of customers and other
people attracted to the premises;
b)
nuisance/inconvenience of cars parked on streets/in front of houses;
c)
unsociable hours of trading in areas sensitive to disturbance and
noise;
3.6
d)
cooking smells, fumes and inadequate ventilation;
e)
litter.
A combination of these factors can have a serious impact on residential
amenity. This is particularly so when the hot food outlet is within a single
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storey building adjacent to residential properties where ventilation would
be a problem; or in ground floor premises having living accommodation
above which is not in the ownership or control of the applicant. The net
result can be a reduction in residential amenity for residents living in close
proximity (for example houses/flats either side of/above the shop).
3.7
Hot food shops are best located in town and larger local centres. However,
many existing take-aways are a neighbourhood facility situated within or
close to the areas they serve. So far as the Town and District Centres are
concerned, hot food shops are best located in secondary shopping areas or
frontages, and should account for no more than 10% of the total number of
units within each, in order to minimise the impact on vitality and viability
that a proliferation of such uses would bring.
3.8
The adverse effects of take-aways can sometimes be reduced to an
acceptable level by granting permission subject to conditions. Conditions
must be precise, enforceable and reasonable in effect. It would be
unsatisfactory,
for example, to impose
unnecessary conditions,
or
conditions that may be considered necessary but which are so onerous as to
make the decision tantamount to a refusal. The application should be
refused in such an instance. Careful judgement is required in arriving at
suitable conditions, but they would usually relate to the following aspects:a)
hours (and sometimes days) of opening;
b)
ventilation control (self closing doors/extractors/filters/height of
dispersal flues);
c)
the standard of alterations to premises (including appearance);
d)
litter bin provision;
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e)
possible noise reduction measures;
f)
provision of car parking;
g)
provision of disabled access.
4.
CONSULTATIONS
4.1
Technical advice on the environmental suitability of the premises and the
impact and control of take-aways is, inter alia, provided by the Council’s
Environmental Health and Trading Standards Team within Regulatory
Services, whose main involvement from a planning point of view is in
respect of:
a)
ventilation of premises and cooking appliances, so as to minimise the
possibility of odour, etc. complaints;
b)
4.2
the prevention of noise nuisance from activities within the premises.
Occupiers of nearby properties are required, by law, to be notified about
planning applications and any views they express must be taken into
account by the Council in determining an application. In assessing any
representations made by local residents it is often necessary to exercise
judgement in distinguishing between proper planning considerations and
non-planning issues such as loss of market value of a property.
4.3
Where a proposal would affect a listed building, locally listed building or
conservation area, the Council’s Conservation Team is consulted. They will
need to ensure that the use is compatible with the architectural or
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historical character of an area or building. Furthermore, they will need to
be satisfied that the need for flues, refuse storage or other requirements
will not have an adverse impact on the building or area.
4.4
The Council’s Transport Strategy Team is also consulted (see paragraph 3.3).
5.
POLICY RECOMMENDATIONS
5.1
Favourable consideration should normally be given to planning applications
which meet all of the following criteria:
a)
where the siting would not weaken the continuity of important retail
frontages;
b)
where the premises are sited away from housing and other sensitive
uses;
c)
where there is good safe access and adequate car parking provision;
d)
where provision will not, when added to existing facilities, result in
an over concentration of hot food take-away facilities (not more than
10% of units in the Town Centre and District Centres), or an over
concentration of uses within Class A3 (Food and Drink) of the Town
and Country Planning (Use Classes) Order 1987;
e)
where disabled access provision exists, is proposed or can be
achieved.
5.2
For the avoidance of doubt, whilst all applications will be considered on
their individual merits, the Local Planning Authority will not normally be
prepared to grant planning permission in respect of premises which are
immediately adjacent to residential properties, except where that property
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is occupied, or under the control of, the applicant.
5.3
If you are considering establishing a hot food take-away shop, you are
strongly recommended to contact the Council to seek informal advice. This
document does not affect any person’s right of appeal against any decision
of the Council.
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