Hot food takeaway at 47 Huddersfield Road, Mirfield

What was proposed

The application sought to convert a vacant bank into a hot food takeaway, with extraction, ventilation and external alterations, open daily from 11am to 11pm.

“The application seeks planning permission for the change of use and alterations to convert a vacant bank (Class E) to a hot food takeaway (sui generis) with the installation of extract and ventilation equipment and external alterations to the front and rear elevations. The premises would open 11:00am to 23:00pm daily. The details of the proposal are summarised below:”

“- Installation of two aluminium glazed door within the front elevation of the building - Replace existing panel with powder coated grey metal panel (RAL 7043) - Window frames to be sprayed (RAL 7043) - All upper window panels within the front elevation of the building to be removed and replaced with clear glass - Railings to be painted (RAL 7043) - New oven extract duct to be installed within the rear elevation - New timber steel plated door to be installed within the rear…”

Officer report

The site and surroundings

The two-storey building was vacant at ground floor, had residential accommodation above, and stood beside a listed Methodist church in Mirfield District Centre.

“The site relates to 47 Huddersfield Road, a two-storey detached building located in Mirfield. The building was formerly a bank and is currently vacant at ground floor level with residential accommodation at first floor level. The site is located within the Mirfield District Centre on the Kirklees Local Plan Proposals Map. The wider area comprises a combination of residential and commercial properties of varying materials and architectural styles.”

Officer report

Earlier applications and changes

Earlier permissions covered garages, ATM works, signs and entrance alterations; the proposal was revised after design concerns and highways objections.

“- 2006/95144: Installation of ATM – Conditional Full Permission - 2004/93094: Installation of external chair hoist and alterations to entrance – Conditional Full Permission - 2004/91187: Installation of new automated door to front entrance and formation of new entrance for internal chair hoist and alterations – Withdrawn - 2001/90289: Erection of illuminated signs – Advertisement Consent Granted…”

“KC Conservation and Design raised concerns regarding the design of the proposal given its siting adjacent to a Grade II listed building. A request was made to retain the existing sash windows and alter the window panels within the front elevation to clear glazing. Revised drawings were received which were considered acceptable with regard to heritage and visual amenity.”

Officer report

Responses from consultees

Ecology, environmental health, conservation, waste management, highways and public health consultees raised no objection, subject to conditions or amended information.

“KC Ecology - No objection subject to recommended conditions…”

“KC Environmental Health - No objection subject to recommended conditions…”

Officer report

Who spoke

Councillor Lees-Hamilton spoke as local member; two local residents and the applicant’s agent also addressed the committee.

What members considered

Members were concerned about road safety, parking on double yellow lines, fire-station access, missing swept path analysis, waste collection, flue noise and Trinity Street’s residential amenity.

“RESOLVED – That, contrary to the Officer’s Recommendation, the application be refused on the grounds of (i) road safety (ii) swept analysis (iii) noise pollution and (iv) impact upon residential amenity of Trinity Street.”

“In regard to (i) road safety, the Committee considered that the proposed location of the premises would likely result in customers parking on double yellow lines, blocking the entrance/exit to the adjacent fire station and encourage pesestrians to cross a busy section of the highway with no crossing point.”

Minutes

The committee vote

Five councillors voted for refusal, none voted against, and one councillor abstained.

“A Recorded Vote was taken in accordance with Council Procedure Rule 42 (5) as follows; For: Councillors Bellamy, Firth, Lee-Richards, Munro and Sokhal (5 votes) Against: (no votes) Abstain: Councillor Ullah…”

Minutes