| Conditions / Reason for Refusal: |
01
The Council considers that the intensification of the site for a café and takeaway use has resulted in an increase in the number of vehicles parking on the footway and around the junction. The issue of vehicles parking indiscriminately, whilst drivers / passengers etc visit the shop, presents a road safety hazard to both pedestrians and drivers using Front St / Station Street and is therefore detrimental to road safety contrary to Local Plan Policy SP26 ‘Sustainable Transport for Development’.
02
The Council further notes that site is located approximately 530 metres from Treeton C of E Primary School entrance and as such is considered to conflict with ‘Health and equalities guidance 2’ of the Equal and Healthy Communities SPD which states that planning permission will not be granted for any new hot food takeaway or hybrid uses incorporating takeaway uses, where proposals are located within 800 metres of a primary school, secondary school, special school or tertiary college. This is further emphasised in paragraph 97 of the revised NPPF (December 2024).
03
The Council also considers that insufficient information on the odour extraction system has been submitted to conclusively demonstrate that the takeaway use can satisfactorily exhaust all cooking fumes and is therefore contrary to policy SP52 ‘Pollution Control’.
Informative
It is noted that the café element of the use in isolation would be considered to be within Use Class E of the Planning Use Class Order and is permitted to continue trading. However, the takeaway element (Use Class Sui Generis) is not permitted and should cease within one month of this decision. Any future enforcement proceedings against the use would be considered separately if the operation of the cafe breaches this.
POSITIVE AND PROACTIVE STATEMENT
The applicant did not enter into any pre application discussions with the Local Planning Authority. Considerations during the determination of the application have identified that it is not possible to support a scheme of this nature nor would any amendments make it acceptable. It was not considered to be in accordance with the principles of the National Planning Policy Framework and resulted in this refusal.
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