Sunday takeaway hours at 151C Bearton Road, Hitchin

The site and surroundings

The takeaway occupies the ground floor of a two-storey building in a commercial terrace within a predominantly residential area.

“The application site comprises a two-storey building currently used as a hot food takeaway on the ground floor. It is situated on the north side of Bearton Road adjacent to the junction with Brampton Park Road within a small terrace of commercial properties which includes another hot food takeaway and a general store.”

“The area is predominantly residential in character and includes traditional Victorian terraced properties and, opposite the site, a 1950s/1960s residential block.”

Officer report

Earlier permissions and refusals

Earlier permissions allowed hot-food takeaway use and extended weekday hours, while applications for wider opening hours were refused.

“20/02825/S73 Variation of condition 3 of Planning permission 95/00276/1 granted 24.05.1995 to extend opening hours to Monday to Sunday 11am- 10:30pm. Refused 05.02.2021 Reason for refusal: The extended opening hours, due to noise and disturbance caused by the use of the site, would result in having an unacceptable impact on the residential amenity of nearby neighbouring occupiers.”

“22/00254/S73 The use of the premises as a hot food takeaway (Use Class Sui-Generis), shall only operate between the hours of 11.00am and 10.30pm Monday to Saturdays and between the hours of 4.00pm and 9.30pm on Sundays (including Bank Holidays) as variation of condition 3 of Planning permission 95/00276/1 granted 24.05.1995. REFUSED Reason: Planning permission has been refused for this proposal for the clear reasons set out in this decision notice.”

Officer report

Consultation responses

Environmental Health raised no objection and the Highway Authority identified no highway implications from the proposed change in hours.

“Environmental Health (Noise): Due to the location and proposals, I have no objections to the application. Environmental Health consider that the limited proposed hours of operating allied to the delivery only mode of trading would result in limited/insignificant impact on the residential amenity of nearby dwellings.”

“The application for a variation of change of hours for the above site has no highway implications therefore the Highway Authority would not wish to comment.”

Officer report

Who spoke

A member advocate objected, and the applicant supported the proposal, addressing delivery drivers, the rear door and measures to reduce disturbance.

What members discussed

Members considered the business, sociable hours, delivery-only operation, one in-house driver, the trial period and whether rear-door conditions were enforceable.

“It was a well run takeaway business and, whilst not preferrable to all immediate neighbours, it would not create unacceptable harm. • The times proposed were still sociable and not late night, there would be one in-house delivery driver, it would operate as delivery only and was for a 12-month period. • The Applicant has confirmed that he would explore changes to the rear door.”

“In response to points raised during the debate, the Locum Planning Lawyer advised that as no objections have been received from the Environmental Health team it would not be possible to impose conditions relating to the noise of the rear door on this application.”

Minutes

The committee vote

The committee voted after a proposal to grant permission was made and seconded.

“Councillor Nigel Mason, as Chair, proposed to grant permission and this was seconded by Councillor Emma Fernandes.”

“In response to a question from Councillor Tom Tyson, the Senior Planning Officer advised that the application was for a change to the operating hours, but the intensity of use would be considered when a permanent application was made in a year. If the intensity was such that complaints were received, then these would be lodged as objections on the permanent application and a different recommendation may be proposed.”

Minutes

The decision

Permission was granted subject to the conditions and informatives, including Sunday delivery-only operation for a temporary 12-month period.

“That planning permission be GRANTED subject to the following conditions:”

“Hours 1. The use of the property within Sui Generis of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, (or as amended) hereby approved, shall only operate between the hours of 11:00 and 22:00 Monday to Saturdays and Sunday between 16:00 and 20:00 Reason: To protect the residential amenities of existing residents and in accordance with Policy D3 of the North Hertfordshire Local Plan 2011 to 2031. Temporary Use 2.”

Officer report