Agenda item

9.1

The Director of Development Services submitted a report informing Members of a breach of planning control in relation to an unauthorised change of use to a fast food takeaway at 126 Birley Spa Lane.

9.2

The report stated on 5 April 2016 an application for planning permission to change 126 Birley Spa Lane from a retail shop (Use Class A1) into a hot food takeaway (Use Class A5) with ancillary seating area was received by the Local Planning Authority (Case No. 16/01299/FUL) and was a resubmission of a previously refused application (15/00705/FUL) for the same proposal.

9.3

On 27 May 2016 a complaint was received, from a member of the public, concerning the erection of a stainless steel flue on the rear of the property.

9.4

Planning permission was refused on 2 June 2016, because the proposed change of use was considered to result in an unacceptable concentration of hot food takeaways in the shopping area as well as being detrimental to the amenities and living conditions of occupiers of neighbouring properties.

9.5

Correspondence was entered into with the owner of the premises on 14 June 2016 explaining that because his application for planning permission (which included the siting of the flue) had been refused, this extraction system would have to be removed.

9.6

On 15 June 2016, a further complaint was received from a member of the public concerning a sign that had been fixed to the shop front that advertised it would be opening as a hot food takeaway in the near future.

9.7

On 8 July 2016 an additional complaint was received concerning the placement of a large shipping container on the hard-standing at the rear of this property.

9.8

RESOLVED: That (a) the Head of Planning be authorised to take any appropriate action including, if necessary, enforcement action and the institution of legal proceedings to secure the removal of the unauthorised flue, and shipping container, and prevent the unauthorised use of 126 Birley Spa Lane as an A5 Fast Food Takeaway; and

(b) the Head of Planning, in liaison with a Co-Chair of this Committee, be authorised to vary the action authorised in order to achieve the objectives hereby confirmed, including taking action to resolve any associated breaches of planning control.