Restaurant and takeaway extension at 28-38 Acorn Road, Newcastle upon Tyne

What was proposed

The application sought to expand a restaurant and takeaway into vacant upper floors, add a roof terrace, use a front garden for seating and relocate plant.

“Planning permission is sought for extensions of the existing restaurant/takeaway (Sui- Generis) at 32 Acorn Road to include change of use of 30 Acorn Road from office (Class E) to form an extension of the existing restaurant/takeaway (Sui-Generis).”

“It is proposed that a new external roof terrace would be constructed above numbers 34, 36 and 38 Acorn Road. The floor plan shows that this would provide space for a further 60 seats at 23 tables. The terrace would be enclosed by glazed screens with an aluminium profile to its north and east elevations. It is proposed that a hedge would be planted around the external edge of the glazed screens and that this hedge would be allowed to grow to a height of 1.5 metres.”

Officer report

The site and surroundings

The site includes commercial premises, a shared rear yard, a disused front garden and a protected tree, beside residential properties and other businesses.

“To the front of number 28 is a front garden area, which is presently disused. The shop front of number 28 is north facing and the west elevation, incorporates a bay window, which has been blocked up, meaning that there is no direct access to the garden from number 28, or any ground floor surveillance of it. There is a tree in the front garden of number 28 which is protected under Tree Preservation Order 1986/003 (T14).”

“The application site is adjoined to the south by Larkspur Terrace, a terrace of dwellings over two storeys, with a third floor of accommodation provided in the roof space. The adjoining property, number 60, has previously been subdivided into two flats. It has a front garden adjacent to the garden of 28 Acorn Road and a rear yard, adjacent to the application site’s shared rear yard.”

Officer report

Earlier planning decisions

Earlier permissions covered office use, signage, a café and takeaway use, while a 1997 additional-storey application was refused.

“1997/1298/01/DET - Erection of additional storey to provide offices and store – Granted Conditionally 30.10.1997”

“30, 34-38 Acorn Road • 1997/0319/01/DET - Erection of additional storey to provide offices and store – Refused 06.06.1997”

Officer report

What people raised

Objections covered intensification, noise, parking, refuse storage, litter, vermin, design, safety, licensing and the need for the development.

“Intensification of use of the current premises to the detriment of the character of the area; • Increased noise and disturbance to residential properties from the proposed roof terrace; • Increased noise and disturbance from customers passing residential properties to reach the site; • The applicant’s Acoustic Assessment is flawed; • Impact of the proposed rear wall of the terrace on residential amenity of 60 Larkspur Terrace; • Impact on Larkspur Terrace due to increased…”

“Environmental impacts through increased litter and potential for vermin; • Lack of clarity on proposed use as to whether it would be primarily restaurant or takeaway led and whether it would be licensed; • To approve a large extension to a hot food takeaway would conflict with the Council’s Healthier Food Environments SPD; • Suitability of the proposed means of escape through the shared rear yard; • Likely non-compliance with building regulations and likely need for changes…”

Officer report

Who was due to speak

Councillor Peter Allen requested committee consideration and the opportunity to speak at the meeting.

The committee decision

The committee refused planning permission for the application.

“The Planning Committee refused planning permission for application reference 2026/0421/01/DET for the following reasons:”

Minutes

Why permission was refused

The reasons concerned the roof terrace design, its impact on a neighbouring home, the separated garden dining area and the lack of on-site refuse storage.

“The proposed roof terrace extension would present a 13.1 metre long brick wall at first floor level within 2 metres of the boundary shared with the residential premises adjoining the site, 60 Larkspur Terrace. This is such that the proposed development would create an overbearing and oppressive form of development for occupiers of this property and would impact upon the windows in the rear elevation and the rear yard.”

“The proposal would introduce a commercial activity, by way of an external dining space, into the front garden of number 28 Acorn Road, which is unrelated to that property. The introduction of an external dining space remote from the restaurant to which it would relate and resultant need for serving staff to traverse the highway to service and monitor the space is such that the proposal fails to provide a development which would be robust, durable and easy to look after,…”

Minutes