Agenda item

8.1

The Director of Regeneration and Development Services submitted a report on his investigation into a complaint received concerning a breach of planning control, in respect of the unauthorised use of a property for the sale of takeaway hot food and erection of an external fume extraction flue at 492 Barnsley Road and Skinnerthorpe Road.  The report explained that the property had been converted from an estate agents office into two self-contained shop units, with one a barber’s shop and the other a bakery/shop.  It was stated that planning and advertising controls had not been contravened and the changes undertaken were within permitted development with regard to the subdivision of the property, signage and concerning the new use of the two units. Subsequently the bakery/shop began selling hot food products to take-away, changing the use to A5 and an inappropriate large external metal flume extraction unit was erected.  It was further explained that, although the change of use to Class A5 for the sale of hot takeaway food, was acceptable in the area, it was necessary for a satisfactory fume extraction unit to be provided.

8.2

RESOLVED: That (a) the Director of Regeneration and Development Services or Head of Planning be authorised to take all appropriate steps including, if necessary, enforcement action and the institution of legal proceedings to secure:-

(i)            the removal of the unauthorised externally mounted fume extraction apparatus/flue duct at 492 Barnsley Road; and

(ii)          the cessation of the use of the ground floor of the aforementioned property for the sale of takeaway hot food, in the event that an acceptable solution for fume extraction is not found by the owner or occupier of the property, within four months of the date of this meeting;

(b) it be noted that the use of the ground floor of the property at 492 Barnsley Road for the sale of takeaway hot food be regularised by Director of Development and Regeneration Services, under delegated powers, in the event that an acceptable solution is found for the fume extraction;

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