Extended shop hours at 330 Padiham Road, Burnley

“Site and Surrounding Area 1.1.1. The application relates to 330 Padiham Road, an end terrace which has been historically operated as a Barbershop at ground floor and contains 2no. apartments within the basement and upper floors. The terrace row (330-340 Padiham Rd) includes a Barbershop, Sandwich Shop and Butchers as well as residential properties. The immediate neighbour 332 Padiham Road is in residential use.”

“Background noise levels will fall over the evening as activity levels fall and if the shop was operating to 22:00 it would likely unacceptably impact neighbouring amenity of families local to the shop. The concerns were raised with the applicant and amended hours were agreed proposing opening 08:00 to 20:00 Sunday to Thursday and 08:00 to 21:00 Friday and Saturday.”

“APP/2008/0227 – Proposed change of use from dwelling to barbers with new shop front and creation of two flats – Approved July 2008. 5. Consultation Responses County Highways – No objection…”

“Environmental Health – No objection subject to a condition requiring a detailed noise management plan.”

“Councillor Whitaker - Raises an objection which can be summarised as: • Property is surrounded by residential properties. • Traffic impacts on a busy road. • Light pollution within the evening. The following matters were also raised but fall outside the scope of this application to vary the hours of operation: • There is no parking. • There are 3 existing stores within 5 minute walking distance.”

“Publicity – A total of 25 responses have been received objecting to the proposal. The concerns raised can be summarised as: • Impact on neighbouring amenity from noise associated with the shop • Late night hours proposed, no other shops on the row open beyond 5:30pm or on Sundays. • Impact on Padiham Road from parking and deliveries. • The proposed increase to allow opening for 14 hours is unnecessary. • Fast food shop proposed 2 doors down was refused.”

“As the motion that was moved and seconded was contrary to officer recommendation, the Committee’s Legal Advisor read out the following costs warning:”

“May I remind Members that any decision taken in this matter must be based on, and only on, proper planning grounds reflecting your planning judgement on the case. Your officers have advised fully in relation to the relevant material considerations and policy background, and you should consider that advice carefully.”

“As the motion moved and seconded was contrary to officer recommendation, a named vote was subsequently taken.”

“Motion to Refuse Application Contrary to Officer Recommendation (Resolution) (Motion) Councillor Alan Hosker For Councillor Aurangzeb Ali Against Councillor Howard Baker For Councillor Gordon Birtwistle For Councillor John Harbour For Councillor Bill Horrocks Against Councillor Shah Hussain Against Councillor Steve Keogh For Councillor Paul Reynolds For Councillor Liam Thomson For Councillor Chris Weekes For Carried…”

“The proposed increase in operating hours of the shop premises into the evening would create additional nighttime noise and disturbance. Extending the opening times beyond the existing permitted hours would generate new nighttime activity on the street which would have an unacceptable detrimental impact on the adjacent properties which are in a residential use, and residential properties within the surrounding area.”