Restaurant and takeaway at 130 Oxford Road, Hartlepool

What was proposed

The application sought to turn a vacant shop into a restaurant and takeaway, with an extraction flue, seating and daily opening until 10pm.

“Planning permission is sought for the change of use from a vacant commerical property (understood to be a shop Use Class E although there is no known planning record) to a restaurant and hot food takeaway (Use Class Sui Generis), within the ground floor of the site (the upper floor to remain as a flat) and is proposed to feature a serving area, food preparation area, seating area, w/c, staff w/c and yard.”

Officer report

The site and surroundings

The mid-terrace property is in Oxford Road Local Centre, with a flat above, commercial neighbours and residential properties nearby.

“The application site is a mid-terrace property located on 130 Oxford Road and is situated within the Oxford Road Local Centre. The host property was previously in use as a shop but is understood to be currently vacant, with a flat above (C3 Use Class). The street scene is mixed-use, comprising residential properties mainly on the first floor within the Local Centre and various commercial uses and ground floor; the wider area is predominantly residential.”

Officer report

Planning history and publicity

No relevant planning history was identified, and publicity produced eleven responses: one supporting and ten objecting.

“No relevant planning history has been identified.”

Officer report

What officers recommended

Officers recommended refusal because the proposal exceeded the local takeaway threshold, harmed public health, and could worsen parking and highway safety.

“The proposed development is also considered to conflict with Local Plan policy requirements with respect to undermining efforts to promote healthy lifestyles and would have a negative impact on public health (and the health of local residents). This would warrant a second reason for the refusal of the application.”

“In the opinion of the Local Planning Authority the proposed development, by reason of the introduction of an additional hot food takeaway use, would result in an unacceptable concentration and cluster of hot food takeaway uses in Oxford Road Local Centre, which would be harmful to the vitality and viability of the Local Centre contrary to Policy RC16 and Policy RC18 of the Hartlepool Local Plan (2018).”

Officer report

What consultees said

Public Health and planning policy objected to the additional takeaway, while Environmental Protection raised no principle objection subject to conditions and Traffic and Transport objected to the restaurant element.

“HBC Environmental Protection: Environmental Protection raise no objection in principle to the proposed development, subject to the following conditions: Extraction and Ventilation Details Prior to installation, full details of the proposed extraction and ventilation system, including technical specifications, odour abatement measures and details of the flue termination point, shall be submitted to and approved in writing by the Local Planning Authority.”

“Operating Hours Environmental Protection raise no objection to the proposed hours of operation, subject to a condition restricting the use of the premises to 11:00–22:00 Monday to Sunday (including Bank Holidays). Subject to the above conditions being attached to any approval, Environmental Protection have no further comments.”

Officer report

What residents said

Objectors cited overconcentration, health, parking, traffic, noise, disturbance, litter and waste concerns; a supporter cited investment, jobs and economic benefits.

“- The area is primarily residential and not suited for additional commercial activity of this nature - The area is already overrun with takeaways - There are already three existing takeaways within 100 metres of the proposed site - Adding another hot food takeaway will create an unnecessary concentration of similar businesses, which is contrary to balanced planning principles and does not serve the wider community needs - The town has one of the worst health records in the…”

“- Takeaways operate late into the evening which generate noise from customers and delivery drivers - Noise from vehicle engine idling and door slamming - The takeaway will negatively impact the residential character of the area and disturb local families - Experience from existing takeaways shows a rise in food packaging litter on streets and green spaces which undermines efforts to maintain a clean and safe environment - Increased burden on local waste collection services -…”

Officer report

Who spoke

The agent addressed the committee for the applicant, while the objector was absent and made no representation.

What members debated

Members discussed public health, obesity policy, local-centre impacts and anti-social behaviour, including the proposed 10pm closing time and indoor bins.

“The proposed development would constitute an unacceptable form of development by virtue of the lack of in curtilage car parking to serve the use. In response to a query from a Member, the Planning and Development Manager advised the Planning and Development Team worked closely with the Public Health Team when writing the Local Plan in terms of policies to assess the new proposed hot food take aways given the obesity rates within the town.”

“In response to a Member question regarding anti-social behaviour, the Agent advised the opening hours would be restricted to 10 pm and bins would be provided inside the shop. The Objector was not present at the meeting therefore no representation was made.”

Minutes