Planning – Application Comments

Consultation Date: Mon 23 Jan 2023

Consultation Date: Mon 23 Jan 2023

Consultation Date: Mon 23 Jan 2023

Consultation Date: Mon 23 Jan 2023

Comment Date: Mon 13 Feb 2023

LLFA consultation response 22.01947.FUL.pdf

Comment Date: Fri 10 Feb 2023

PLYMOUTH CITY COUNCIL CONSULTEE COMMENTS FOR PLANNING APPLICATION

APPLICATION SUMMARY
PLANNING APPLICATION: 22/01947/FUL
ADDRESS: Ground Floor Flat, 107 Cattedown Road, Plymouth, PL4 0PN
DESCRIPTION: Change of use of dwelling (C3) to dwelling and hot food takeaway (Sui Generis).

CASE OFFICER: Abbey Edwards (Planning Officer)
Development Management, PCC Strategic Planning & Infrastructure, Floor 2 Ballard House PL1 3BJ.

CONSULTEE: Gary Lester (Transport Officer)
PCC Strategic Planning & Infrastructure, Transport Planning Team, Floor 2 Ballard House PL1 3BJ.

Date: 10th February 2023


COMMENTS:
The Local Highway Authority (LHA) is unable to support the proposed Change of Use of the property to include a Hot Food Takeaway use (HFT), from that of a dwelling-house (C3), to a dwelling and hot food takeaway (Sui Generis).

The application property is located in the short cul-de-sac end of Cattedown Road formed by South Milton Street cutting across its south end. There is a Turning Head on the west side of the street, along with parking restrictions in the form of Double Yellow Lines for the full length of the cul-de-sac along that west side. Along the east side of the street there are also parking restrictions that include a resident Permit Parking Zone (PPZ). Parking in the PPZ is restricted to permit holders only for six hours a day, three hours in the morning, 09:00 & 12:00hrs, and three hours in the evening, 18:00 ' 21:00hrs. At the south end of the cul-de-sac there is a vehicle repair garage, and at the north end and junction of South Milton Street there is a Social Club.

The initial HFT proposal envisages an average on-line sale of between 12 - 24 meals per day, but apparently with the potential to employ another chef, to increase and expand the business further. The application seeks seven day a week operation, including Bank Holidays, between the hours of 12:00 hrs & 21:30 hrs.

The proposed HFT is intended to operate on-line only, with no individual customers attending at the premises. Food would be prepared and cooked at the premises, and sold to the public through Deliveroo and Uber Eats online platform service, who would also provide the collection and home delivery service to the customer. The Ubereats and Deliveroo couriers are known to use a range of delivery vehicles including, bicycles, mopeds, scooters, motorbikes, and cars.

The application property unfortunately has no off-street parking provision for motor vehicles. Where due to the on-street parking restrictions, including the PPZ, there would be no lawful motor vehicle parking for non-permit holders for a three hour period during the evening, from 18:00 ' 21:00hrs. Where any motorised delivery vehicles attending at the HFT premises would need to park unlawfully and potentially unsafely for a short time either on DYL's or in the PPZ spaces, whilst waiting to collect the take-away meals. Giving rise to an increased demand for on-street car parking, traffic, and comings and goings in the small cu-de-sac between the hours of 12:00 hrs & 21:30.

The proposal to introduce and include a HFT business use at the dwelling-house, would be an intensification in the use of the premises, with an associated increase in comings and goings, and on-street parking demand. Therefore, should the use be consented and implemented, then the application property at 107 Cattedown Road may altogether be removed from the entitlement of on-street parking permits within the PPZ.

SUMMARY:
Although currently the level of proposed HFT use would be quite modest, it would still be expected to give rise to unlawful and potentially hazardous and unsafe overspill car parking in its use. Also once consented and overtime, the nature and the level of the HFT use and its negative impacts could change and increase in quantum.

Unfortunately the LHA is unable to support the proposed HFT use being introduced at a dwelling-house, due to the lack of off-street vehicle parking to serve the use. Which would be expected to give rise to associated unlawful, potentially hazardous, and unsafe, overspill parking in its use. It is therefore considered that the proposal fails to comply with planning policy so the LHA have to recommend that the application is refused: -

Inadequate Provision of Parking:
() No adequate provision is proposed to be made for the parking of vehicles of persons attending at the premises. Where the associated additional vehicle traffic movements associated with the introduction of a Hot Food Takeaway use would give rise to highway safety concerns, including unlawful and potentially hazardous overspill vehicle parking in the street. Vehicles used by such persons would therefore have to stand on the public highway giving rise to conditions likely to cause:-
(a) Damage to amenity;
(b) Prejudice.to public safety and convenience;
(c) Interference with the free flow of traffic on the highway
which is contrary to Policy DEV29 of the Plymouth & Southwest Devon Joint Local Plan 2014-2034.

INFORMATIVE: RESIDENT PARKING PERMIT SCHEME
() The applicant should be made aware that the property lies within a Permit Parking Zone. Therefore in accordance with current Council policy and as a result of the introduction of a Hot Food Takeaway use the property may be excluded from obtaining permits and purchasing visitor tickets for use within the scheme.


Gary Lester
Transport Planning Officer
Officer authorised to sign on behalf of the Service
Director for Strategic Planning & Infrastructure