Drive-thru restaurant at Halifax Road, Shelf, Halifax

What was proposed

A drive-thru restaurant was proposed with access, servicing, parking, landscaping and associated works, operating 24 hours a day, seven days a week.

“Proposal: Development of a drive-thru restaurant (Use Class E/sui generis) with associated access, servicing, car parking, hard and soft landscaping and other associated works.”

“Planning permission is sought for the erection of a McDonalds Drive-thru restaurant. The main building would be set deep into the plot. To the front of this there would be 48 parking bays, including two accessible bays and 4 motorcycle bays. There would also be cycle storage for staff and customers and a substation. The development would operate 24 hours a day, 7 days a week.”

Officer report

The site and surroundings

The previously developed site was beside a service station, within a Primary Employment Area, near housing land and a Grade II listed milestone.

“This application relates to an area of previously developed land to the south of Shelf and adjacent to Sun Wood Service Station. The site is a designated Primary Employment Area. To the North East of the site is Allocated Housing Site LP1041 and to the North, along Halifax Road, is a Grade II listed Milestone.”

“The site previously contained a factory building, destroyed by fire in 2005 and has since been used for the storage of vehicles.”

Officer report

Earlier planning history

Earlier applications included industrial access, mixed-use and business development permissions, with one application withdrawn and later permissions granted.

“05/00003/CON - Construction of New Industrial Access Road (Conversion of mill to twenty-four apartments and three town houses deleted from the application) (Amended Description). Withdrawn 20.12.2006.”

“05/02008/FUL - Mixed use development of B1: business, warehouse and residential. Permitted 05.12.2006.”

Officer report

What officers recommended

Officers recommended permission subject to a section 106 agreement, considering the proposal acceptable with conditions and highway funding.

“The proposal is considered to be acceptable subject to a section 106 legal agreement for a financial contribution as set out in the report above and the conditions set out below. Subject to these, the recommendation of MINDFUL TO PERMIT SUBJECT TO THE COMPLETION OF A SECTION 106 LEGAL AGREEMENT has been made because the development is in accordance with the policies and proposals in the Calderdale Local Plan and National Planning Policy Framework set out in the sections…”

Officer report

Main planning issues

Officers considered employment land, health, residential amenity, highways, drainage, ecology, heritage, crime, pollution and sustainability before finding the proposal acceptable.

“Principle of Development Residential Amenity Visual Amenity & Impact upon the Landscape Impact upon Heritage Assets Highways Drainage and Flooding…”

Officer report

What residents said

There were 153 objections, 136 supporting letters and one neutral representation, covering health, traffic, pollution, litter, amenity, wildlife, jobs and economic benefits.

“Letters of objection have been received, 136 letters of support and one neutral representation.”

“A new McDonald's restaurant at this location would be positive for Shelf. The proposal would generate much needed jobs in the local area. Would bring significant economic benefits into the local area. The proposed development would also generate additional business rates and contribute to the local economy through increased spending and investment in the area. A McDonalds Drive Through would provide a good number of jobs for young people in the area.”

Officer report

Who spoke at the meeting

An objector, the applicant and Councillor Hey, attending as Ward Councillor, addressed the committee.

The committee’s decision

The committee resolved to permit the application subject to completing a section 106 legal agreement and amended conditions on surface water and deliveries.

“The Planning Officer presented a written report of the Director, Regeneration and Strategy which had been submitted in accordance with the Town and Country Planning Act 1990 and the Town and Country Planning (Development Management Procedure) (England) Order 2015 and reported orally that the recommendation was Mindful to Permit subject to the completion of a section 106 legal agreement by the Director, Regeneration and Strategy, for the reasons set out in the report and…”

“RESOLVED that the application be Mindful to Permit subject to the completion of a section 106 legal agreement in accordance with the recommendation of the Director, Regeneration and Strategy with the following amended conditions:”

Minutes

Why it was permitted

The proposal was considered policy-compliant because its effects could be mitigated, it would provide jobs, and highway improvements and other safeguards would be secured.

“The development would develop land located within a designated Primary Employment Area where E(g), B2 and B8 employment uses are typically expected. Whilst the proposed development does not fall within one of these use categories, it is considered that its acceptability has been adequately demonstrated and that that the principle of development is acceptable, in line with CLP Policy EE1.”

“The development will lead to some increase in traffic and without mitigation could exacerbate traffic and highway safety issues. However, with the S106 contribution of £65,000 agreed for improvements in the vicinity of Stone Chair Roundabout, along with introduction of safety measures including a pedestrian crossing island, at the expense of the applicant, it is considered that sufficient mitigation would be provided.”

Officer report