Agenda item

Change of use from Office (Class E) to hot food takeaway (Sui Generis) with new extractor flue and associated alterations at 1 Chesterfield Road, Dronfield. (Conservation Area/Affecting the setting of a Listed Building).

(Planning Manager – Development Management)

The report to Committee explained that an Application had been submitted for    the Change of Use a building at No.1 Chesterfield Road in Dronfield from an Office (Class E) to a Hot Food takeaway (Sui Generis). This change of use would involve the installation of a new extractor flue and other associated alterations. The building was located in a Conservation Area and the change would affect the setting of a nearby Listed Building.

The Application had been referred to Committee by Ward Councillor, P Parkin, who had raised concerns about it.

Planning Committee was recommended to approve the Application, subject to the conditions set out in the report.

The report to Committee explained why Members were asked to approve the recommendations. Officers had concluded that the proposed change of use, from Office to Hot Food takeaway, would be in line with both national and local planning policies. In particular, they felt that the external alterations, sensitively implemented, would be appropriate. The change would, they contended, give the building a viable new purpose, which would help to ensure its long term maintenance and preservation. They also felt that no valued local services would be lost if the Application was approved and that the change of use should not impact on the viability or vitality of the nearby Town Centre.

Before Members discussed the Application, Dronfield Town Councillor, M Hanrahan, addressed the Committee. He explained why the Town Council opposed the Application. With the agreement of the Chair, Dronfield Town Councillor, S Birkett, also addressed the Committee. She set out the concerns about the Application, expressed to her by local residents. No one had registered to speak in support of the Application.

Planning Committee considered the Application. It took into account the Principle of Development and the location of the site within the defined Settlement Development Limit of Dronfield. It considered the relevant Planning policies. These included Local Plan policy SS7, permitting appropriate developments to take place within Settlement Development Limits. It considered Policy E4 of Dronfield Neighbourhood Plan and the circumstances in which hot food takeaways could be supported. Committee also took into account the heritage implications of the proposed change for the surrounding Conservation Area. In this context it noted Planning Policy SDC5 and the circumstances in whichDevelopment proposals within a Conservation Area would be permitted; and especially by preserving or enhancing the character or appearance of the area and its setting.

Members discussed the Application. They considered the possible noise, smell and other environmental problems that the change of use into a hot food takeaway might cause for neighbouring residential properties. Some Members queried what contribution the hot food takeaway would make to the town centre and whether it would be compatible with surrounding properties in the Conservation Area. Some Members also expressed concern that, if approved, the change of use might lead to an increase in unauthorised on-street car parking and highlighted the implications for highways safety which this might have. 

At the conclusion of the discussion Councillor M Foster and W Armitage moved and seconded a motion to refuse the application, contrary to officer recommendations. The motion was put to the vote and was approved.

RESOLVED -

That the Application be rejected, contrary to Officer Recommendations.

Reasons

A.    The application is considered unacceptable as it seeks to establish a hot food take away both within a town centre and an area close to residential properties. The creation of a hot food take away in this location is considered inappropriate in that it fails to make a positive contribution to the viability and vitality of the town centre and is not compatible with, and prejudicial to, other land uses in the area. As such, it is contrary to policy SS7 of the North East Derbyshire Local Plan and policy E4 of the Dronfield Neighbourhood Plan.

B.    The site is located within the Dronfield Conservation Area and the application site is identified in the Dronfield Neighbourhood Plan as a Character Building. The alterations proposed to the building to create the proposed use would result in alterations that would adversely affect the building and impact detrimentally on the Conservation Area in general and the application building in particular. The harm caused is not outweighed by public benefits. As such, the application is contrary to policies SS1, SDC5 and SDC9 of the North East Derbyshire Local Plan and policies E2, D2 and D3 of the Dronfield Neighbourhood Plan.

C.    The proposed hot food take away is located within the chevrons adjacent to a zebra crossing and an area characterised by on street parking restrictions. The provision of a hot food takeaway in the location proposed would encourage and lead to on street parking in a location that would adversely impact on highway safety contrary to policy ID3 of the North East Derbyshire Local Plan and the advice contained within the National Planning Policy Framework.

D.    The site is close to and primarily located below a number of nearby residential properties. The proposed use, by reason of the noise and smells that would result, would adversely impact on the amenity of the occupiers of those residential properties contrary to policy SS7 of the North East Derbyshire Local Plan and policy E4 of the Dronfield Neighbourhood Plan.