Application Number: 08/01677/FUL CHANGE OF USE FROM LAUNDERETTE (USE CLASS SUI GENERIS) TO RETAIL (USE CLASS A1) (RETROSPECTIVE) AT 25 Farthing Grove, Netherfield, Milton Keynes FOR Multi Ecko 8/13 Week Date: 4th December 2008 Report Author/Case Officer: Anna Holloway Contact Details: 01908 252271 anna.holloway@milton-keynes.gov.uk Team Leader: Andrew Horner Contact Details: 01908 252609 andrew.horner@milton-keynes.gov.uk 1.0 SUMMARY (A brief explanation of what the application is about, what the main issues are and the officer's Recommendation to the Committee) 1.1 The proposal is a retrospective application for the change of use from a launderette to a sandwich shop (use class A1). The use of the unit for retail is considered to be wholly appropriate within a Local Centre. The main issue is whether the proposed Subway outlet falls within the definition of a sandwich shop. It is considered that the warm food and eat in trade constitute ancillary uses and the ingredients arrive pre-cooked and are warmed up on site; therefore, the Subway is considered to fall within use class A1 as a sandwich shop. As there is no significant difference between the application property and the existing retail units at the local centre it is considered unreasonable to impose conditions. 1.2 RECOMMENDATION It is recommended that planning permission be granted. 2.0 REASON FOR REPORTING APPLICATION TO COMMITTEE (Most planning applications are dealt with by the Chief Planning Officer under powers delegated by the Development Control Committee) 2.1 The application has been reported to the Committee as 6 objections have been received from neighbouring residents. 3.0 INTRODUCTION (A brief description of the site and its surroundings) 3.1 The unit falls within Netherfield Local Centre, which is a purpose built local centre consisting of a parade of shops with car parking to the front facing onto Farthing Grove and a service area to the rear. (73)
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4.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 4.1 The Council's planning policies, together with any relevant Government policy documents, such as Planning Policy Statements and Circulars are the most important issue that needs to be considered. It is a requirement of planning legislation that all planning decisions should be in accordance with the policies of the Adopted Local Plan. There may be (in a few exceptional circumstances) other, important, material considerations that could lead the Committee to make a decision which departs from these policies, but these will be rare. 4.2 National Policy Circular 03/05: Changes Of Use Of Buildings And Land - The Town and Country Planning (Use Classes) Order 1987 4.3 Local Policy The most relevant policies in the Milton Keynes Local Plan 2001-2011 are: D1 Impact of Development Proposals on Locality T15 Parking Provision 5.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) 5.1 None 6.0 APPLICATION AS ORIGINALLY SUBMITTED (Details of the proposal as originally submitted) 6.1 The unit was operating as a launderette which does not fall within any use class and is therefore Sui Generis within the terms of Use Classes Order 1987 (as amended in 2005). The proposal is a retrospective application to change the premises to a sandwich shop which falls within use class A1 (retail). 6.2 Supporting documentation has been submitted with the application including the take out and eat in sales percentages and cold and warm food sales percentages for other Subway stores in the UK. Other supporting information includes copies of letters from other Local Planning Authorities confirming Subway as a Class A1 use. 7.0 AMENDMENTS (Any changes that have been made to the application since it was originally submitted) 7.1 None (76)
8.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received) 8.1 Neighbour Representations The occupiers of the following properties were notified of the application: 19 21 (odd) The Hide Netherfield Milton Keynes 30 52 (even) Farthing Grove Netherfield Milton Keynes Six letters of objection have been received from residents of Farthing Grove and The Hide and on behalf of Netherfield Residents Association. The objections can be summarised as follows: 1. There are far too many fast food outlets on the Netherfield estate. 2. Residents are experiencing problems at the existing takeaway units including anti-social behaviour, aspects of criminality, littering, noise and unpleasant smells of food being cooked. 3. There is an existing parking problem; the Subway has seating for people to eat in which increases the amount of cars coming to the estate. There is no bus service to the shops and residents with disabilities visiting the shops are unable to park. 4. Planning permission has been granted for a takeaway at unit 27 Farthing Grove, which has not yet opened. 5. Subway was opened prior to permission being granted and therefore the residents lost their democratic right to voice there comments before the Subway opened. 6. Objections have also been received regarding the type of meat sold and animal cruelty. [However, this is not a planning consideration and cannot be taken into account in determining this application] 9.0 CONSIDERATIONS (The analysis of the issues which are critical, material, considerations and/or of greatest concern to objectors for the Committee to weigh up before making a decision) 9.1 Change of Use The proposal is for the change of use of a launderette (which does not fall within any use class and is therefore Sui Generis) to a sandwich shop (use class A1). There is no policy that would restrict the loss of a launderette. In addition a retail use is highly appropriate within a local centre and would help to maintain the vitality of the Local Centre. Objections have been received on the grounds that the change of use is to a takeaway (use class A5) and not a retail unit (please see paragraphs 9.2 9.3 for details as to why the use is considered A1). In the event that the unit was converted to an A5 use and not an A1 use there would also be no policy objection as long as one general convenience store remained within the local centre (to comply with Local Plan (77)
policy LC2 for non retail uses within local centres). 9.2 Circular 03/05 gives advice on the 2005 amendments to the Use Classes Order 1987 and specifically mentions sandwich bars in paragraph 34: In considering where individual uses fall, it is the primary purpose that should be considered. A sandwich bar does not necessarily cease to be in the shops class merely because, for example, it also sells a limited amount of hot drinks, hot soup or food that is heated up. Similarly, it is possible for a few sandwich bar customers to eat on the premises, including at tables within or outside their establishments (e.g. on the forecourt) without involving a material change of use. Provided that this is only an ancillary part of their business, the classification of the business as a sandwich bar would rightly remain in the A1: Shops use class where the retail sales element is the primary purpose. 9.3 Within the supporting documentation submitted with the application statistics are provided for five different Subway sandwich shops in the UK which show that the percentage of take out trade varied from 83% to 90%. In addition a survey of hot and cold food and drink sales at a Subway in Watford found that cold food and drink comprised 78% of sales and warm food 22%. This clearly shows that the majority of the sales of Subway are for cold food and drink take out trade. In addition the supporting documentation states that ingredients are delivered in a pre-cooked or frozen state and are warmed up on site and as such no actual cooking takes place on the premises. As the percentage of warm food sales is ancillary and generally involves the warming up of precooked ingredients and the percentage of eat in sales are also ancillary it is considered that the use falls within that defined within paragraph 34 of Circular 03/05 for a sandwich bar (use class A1). If the sales of warm food and eat in increased so that they were no longer ancillary then a change of use would have occurred to use classes A3/A5 and an application for change of use would be required. 9.4 Noise and Disturbance Netherfield Local Centre is a purpose built shopping area that contains several takeaways. A licence would be required for the unit to trade after 11pm. The hours of opening on the submitted application form are from 8am to 10pm Monday to Friday and from 9am to 6pm Sundays and Bank Holidays. The application unit is separated from the residential properties on Farthing Grove by a distance of approximately 40m and from the residential properties on The Hide by a distance of approximately 60m. In addition the proposed change of use is to a retail unit in a Local Centre. Therefore, it is unlikely that a refusal based on noise and disturbance would be successfully upheld at appeal. 9.5 Odour Objections have been received regarding unpleasant smells associated with existing takeaway units on Farthing Grove. Nuisance odours can have a detrimental impact on the amenity of neighbouring residential properties. (78)
However, as with noise and disturbance, it is considered that due to the separation distance from the neighbouring residential properties it is unlikely that a refusal based on odour nuisance would be successfully defended at appeal. 9.6 Litter It has been held in the courts that the dropping of litter is a material consideration even though it is controllable by other legislation. However, potential problems of litter are not likely in themselves to be sufficient reason for refusal of planning permission. 9.7 Public Disorder Objections have been received concerning an increase in public disorder and criminal behaviour associated with takeaways at Netherfield Local Centre. It is the responsibility of the police to take action should problems arise. There is no evidence to suggest that a sandwich bar, as proposed, would give rise to significant public disorder. 9.8 Highways The units at Netherfield Local Centre are served by a shared car park to service the shops. It is not considered that the change of use from a launderette (Sui Generis) to a retail unit would have a significant impact on parking provision. 9.9 Retrospective nature of the application Objections have been received from the residents of neighbouring properties regarding the retrospective nature of the application. However, the planning system allows for permissions to be sought retrospectively and this cannot be used as a reason to refuse permission. 10.0 CONCLUSIONS (The officer advice to the Development Control Committee on the appropriate decision, based on the policies of the Development Plan, taking into account the issues detailed in the report) 10.1 The proposal falls within use class A1 (retail) as a sandwich shop as defined within paragraph 34 of Circular 03/05. As there is no policy that would restrict the loss of the launderette and retail uses are wholly appropriate for a Local Centre it is recommended that planning permission be granted. There are no significant differences between the application property and the other retail units within Netherfield Local Centre, which could become sandwich shops without requiring planning permission. Therefore, it would be unreasonable for the Council to impose conditions regarding the use or hours of operation. 10.2 As the application is retrospective it is not necessary to impose the usual condition in respect of the time limit on commencement of development and no other conditions are considered necessary. (79)
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