Report to: Planning Committee Date of Meeting: 5 August 2015

Subject: DC/2015/00901139-141 Bispham Road, Southport, PR9 7BL

Proposal: Change of use from a laundrette to a café including the erection of an extraction flue to the rear elevation

Applicant: Mr Arif Deniz Agent: Mrs Debbie Lybert

Report of: Head of Planning Services Wards Affected: Norwood Ward

Is this a key decision? No Is it included in the Forward Plan? No

Exempt/Confidential No

Summary The application if for the change of use from a laundrette to a cafe. The main issues to consider are the principle of the development, the impact on neighbouring residential amenities and the impact on highway safety.

Recommendation

Approve with Conditions

Reasons for the Recommendation

Implementation Date for the Decision

Immediately following the Committee meeting

Contact Officer: Mandy Biagetti Tel: 0151 934 4313

Case Officer: Miss Lynne Poulton Tel: 0151 934 2204

Email planning.department@sefton.gov.uk

Background PapersThe full planning application including all supporting documents, plans and reports can be viewed at www.sefton.gov.uk/planapps. Sefton’s Unitary Development Plan 2006National Planning Policy Guidance Note March 2012.

The Site A two storey building situated on the northern side of Bispham Road on the corner with Thornton Road. The area is characterised by a variety of retail and commercial units to Bishpam Road with residential dwellinghouses to both Bispham and Thornton Road. There is barbers and a vacant unit attached to the building, Sainsbury's store is adjacent and there are retail units opposite. There is a hot food take-away at both Nos. 122 and 135 Bispham Road.

Proposal

Change of use from a laundrette to a café including the erection of an extraction flue to the rear elevation

History

Planning Applications Ref: DC/2015/00303, Proposal: Change of Use from Laundrette to Cafe (A3) and Hot Food Takeaway (A5), Decision: WDN, Decision Date: 26-MAY-15,

Consultations

Highways Development Design

There are a number of similar premises in the area and as such, it is unlikely that this proposal will generate any significant levels of additional traffic; instead it is more likely that there will be a redistribution of patronage between the various businesses.

There is some on street parking available along Bispham Road, Canning Road and Thornton Road and there are Traffic Regulation Orders prohibiting parking at any time at the junction.

In view of the above, I have no objection to the proposal.

Environment - Mr David Packard

Add condition for odour control details to be submitted. Recommend an hours restriction from 06:00 to 23:00 hours Monday to Sunday.

Building Control

As no alterations are proposed to the frontage level access would not be requested. No issues in relation to B5 or H6.

Neighbour Representations

Last date for replies: 27th July 2015 Two petitions have been received against the proposal. One with 47 signatures, one with 159 signatures. Letters of objection have been received from Nos. 24 Thornton Road, No. 153 Wennington Road, 8 Shelly Grove, 82 High Park Road re:

- general dislike of proposal- inadequate parking provision, block driveways - increase in traffic, congestion- increase in pollution- loss of parking, parking problems - loss of privacy- noise nuisance and fumes - over development - 24 hour off-licence opposite attracts undesirables and gangs- gangs hang about and harass locals, police often called- attract anti-social elements - reduce house prices - flue would be eyesore (already erected)- already 4 other cafe/take-aways- should be same opening as others - nuisance to older residents- Bispham Rd already busy will exacerbate situation - affect local ecology- close to adjoining properties- conflict with local plan - inadequate access- out of keeping with area- residential amenity- strain on existing community- deliveries at unsocial hours- forecourt will not stand the weight of heavy vehicles/pedestrian area- residential area/ not a motor-way services - elderly lady knocked down - signage and lighting will be detrimental to area

- loss of domestic accommodation- use of laundry for business- 1st floor is fancy dress shop- development too high- threat to other businesses, poach workers- assaults taken place outside shop- quality of food- too much competition, business may close - may destroy community facilities - petitions show how community objects

Policy

The following policies apply:National Planning Policy Framework H10 Residential Development and Development in Residential Areas MD6 Food and Drink UsesR7 Local Shopping Parades EP6 Noise and VibrationAD2 Ensuring Choice of Travel

Comments The main issues to consider are the principle of the development and the impact on neighbouring residential amenities and highway safety.

The previous application, ref: DC/2015/00303, was for the change of use from a laundrette to a café and a hot food take-away. This application is for the change of use to a café only.

Principle of Development

The National Planning Policy Framework advocates a presumption in favour of sustainable development whilst also seeking to secure a good standard of amenity for all existing occupiers.

The site lies within an area allocated as primarily residential in the Sefton Unitary Development Plan. Policy H10 allows non-residential development providing it can be demonstrated that the proposal will not have an unacceptable impact on residential amenity and is otherwise compatible with the residential character of the area. Policy MD6 states that proposals for food and drink uses in or adjacent to the primarily residential area will not be permitted unless they would not cause significant harm to residential amenity.

Policy R7 relates to Local Shopping Parades and the policy seeks to encourage the re-use of vacant properties for a variety of uses such as retail, community, offices and residential to improve local facilities and the appearance of the area.

Impact on residential amenity

The applicant owns the whole building including Nos. 141 and 141a which adjoin the site. He therefore has control over the use and occupation of the first floor units. As such the operation of the site as a café would not adversely affect the occupiers of the flats to the first floors above and adjacent to the unit.

The main concern is the impact on the occupiers of Thornton Road. It should be noted that the unit was previously used as a laundrette with associated comings and goings of customers.

No. 137 Bispham Road (opposite the site) is a retail shop which is open 24/7. The shop also lies adjacent to dwellinghouses. Sainsbury’s is open from 7am to 11pm, the One Stop Shop is open 6am to 11pm and the two take-aways are open until 11pm.

The applicant has requested opening hours of 06.00 to 24.00 hours 7 days a week including bank holidays. The Environmental Protection Officer has recommended that opening hours are restricted from 06.00 to 23.00 and a condition has been attached accordingly.

Impact on Highway Safety

There is a wide forecourt area to the site and there is parking available to Bispham Road and Thornton Road. Whilst neighbouring occupiers have raised concerns regarding an increase in traffic and parking issues the Council’s Highways Officer has no objection to the proposal.

Visual amenity/extraction flue An extraction flue is proposed to the rear of the site. This would be screened from neighbouring occupiers to a large extent by the existing building and by the Sainsbury’s building. No adverse impact would be created to the street scene.

Details of a kitchen extraction noise control system have been submitted which the Environmental Protection Officer considers to be acceptable. Additional details regarding the odour control system have been requested. This will be available as a late representation or can be dealt with by a condition.

Other issues

A number of issues have been raised by the objectors including anti-social activities near the site. These issues are not however material planning matters. The police would deal with any criminal behaviour.

Conclusion

The NPPF emphasises the aims of encouraging a competitive economy and that there should be a provision of accessible local services to reflect the community’s needs. The proposal would add to the vitality of the area and the hours restriction to 23.00 would help to protect neighbouring residential amenities. It should be noted that the public entrance to the cafe would be from the Bispham Road frontage. Given these factors it is recommended that permission be granted subject to the following conditions.

Recommendation

Approve with Conditions

Conditions

This application has been recommended for approval, the following conditions and associated reasons apply:

1) The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

Reason: To comply with Section 91 (as amended) of the Town and Country Planning Act 1990.

2) The premises shall not be open for business outside the hours of 09.00 and 23.00 Monday to Sunday.

Reason: In the interests of residential amenity and to comply with policy EP6/H10 in the Sefton Unitary Development Plan.

3) a) A scheme of odour control for any proposed kitchen extraction equipment shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development.

b) The odour control scheme approved under (a) above shall be implemented on site prior to the extraction system being brought into use and shall thereafter be so maintained and operated.

Reason: To prevent the emission of fumes that would be detrimental to the amenity of the area in accordance with Policy EP2 in the Sefton Unitary Development Plan.

4) The development hereby granted shall be carried out strictly in accordance with the details and plans hereby approved and shall not be varied other than by prior agreement in writing by the Local Planning Authority.

Reason: To ensure a satisfactory development.

Drawing Numbers

Proposed Ref: 1649/FS received on 20.05.2015

Drainage Ref: KE/1649/DS received on 20.05.2015

Layout Ref: KE/1649//ES electric received on 20.05.2015

Layout Ref: KE/1649/ES mechanical received on 20.05.2015

Floor plans Ref: received on 20.05.2015

Location Plan Ref: received on 20.05.2015

Site plans Ref: received on 20.05.2015

Other Ref: extraction flue received on 18.05.2015

Elevations - Proposed Ref: rear elevation/flue received on 20.05.2015

Layout Ref: CCS-BR-01 Kitchen received on 20.05.2015

Other Ref: Silencer received on 20.05.2015

Petition 1

Petition 2

Existing Site Plan