Planning – Application Comments

Consultation Date: Fri 12 Apr 2024

Consultation Date: Fri 12 Apr 2024

Consultation Date: Fri 12 Apr 2024

Comment Date: Wed 08 May 2024

This is a retrospective application relating to the partial change of use from shop (Class E) to restaurant/takeaway (Sui Generis).

The site fronts onto Emma Place which is a one-way street with parking restrictions in the form of double yellow lines in place along its length on the northern side. On-street, permit controlled parking is present in sections along the southern side of the road.

The application site previously formed part of the adjacent supermarket which is served with its own customer car park accessed from Durnford Street. However, it is understood from the submission documents that the new use as a restaurant and hot-food takeaway does not rely on the use of this car park to satisfy any off-street parking requirements. As such, the application site is not served with any off-street parking provision.

Whilst this does not pose such an issue with regard to the restaurant use due to the strict parking controls within the local area and the ability for customers to either make use of public car parks and walk or travel sustainably, there are concerns over the lack of parking to serve the take-away use.

Due to the nature of a hot-food takeaway, short-term indiscriminate parking is likely to take place where there are insufficient off-street parking facilities available. As no off-street parking is proposed at the site, it is considered that the change in use would result in illegal parking taking place on the streets in the surrounding area which would give rise to highway safety concerns.
Whilst there are double yellow lines present to the site frontage, due to the length of time that customers are likely to wait to collect their food, it is likely that they would seek to park as close to the building as possible and would be more inclined to take risks with indiscriminate parking than if they were visiting the establishment to take advantage of the restaurant.

For these reasons the LHA have little option but to recommend the application for refusal.

It is acknowledged that the use has been in operation since 2015 and therefore if, on balance, the Local Planning Authority choose to grant planning permission, then I can confirm there are no suggested planning conditions from the LHA.

Recommendations:

Support
No objection
No objection subject to appropriate mitigation (as identified below)
Object to application

If 'object' on what grounds?

Reasons for refusal:
Inadequate Provision of Parking:
No adequate provision is proposed to be made for the parking of cars of persons residing at or visiting the development. 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.

The proposal(s) are therefore contrary to Policy DEV29 of the adopted Plymouth and South West Devon Joint Local Plan adopted March 2019.


In the event that the application is recommended for approval what mitigation would you seek?

None X

The proposed development has been considered in accordance with the Councils current Development Plan Policies and having regard for the National Planning Policy Framework.



Abbie Perry

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

03/05/2024

Comment Date: Thu 02 May 2024

LLFA Consultation response 24.00344.FUL.pdf

Comment Date: Thu 02 May 2024

The Economic Development team has no strong views on this proposal.

Comment Date: Thu 02 May 2024

ISSUE DATE: 12th April 2024

FROM: Becky Curtis - Public Protection Service (950426)

RESPONSE DATE: 2nd May 2024

APPLICATION NO: 24/00344/FUL

SITE: 25 - 27 Durnford Street Plymouth PL1 3QF

DEVELOPMENT: Partial change of use from shop (Class E) to restaurant/takeaway (Sui Generis) (retrospective)

Observations:

Although these are not necessarily planning issues it appears the proposed plans do not comply with the Food Safety Legislation. The proposed plans show the WC opening directly into a Kitchen area with no ventilated lobby/ no separation. This isn't in compliance with Food Safety legislation. We are unable to assess if adequate washing facilities have been provided to the room which has been converted from a store into a preparation area. This will need to be confirmed but our consultation should not be taken to read that the proposed plans are compliant with Food Safety Legislation.

Summary of response: Approval