Agenda item

Variation of condition 3 of W/96/00587/FUL to modify the opening hours to 06:00-23:00 Monday to Saturday.

 

This item was deferred from the 17 June 2020 meeting of the Committee.

Public Participation, Statements read out by the DSO

Statement of support by Brad Wiseman (Agent)

 

The Senior Planning Officer, David Cox, introduced the report which recommended granting the variation to condition 3 imposed on W/96/00587/FUL to modify the opening hours to 06:00-23:00 Monday to Saturday.

 

The application had been deferred at the June committee meeting to enable officers to secure additional information on traffic, litter and noise generation.

 

The committee was advised that the application before them should solely consider the planning merits of the proposed extension of the opening hours as set out in the report.

 

The committee was informed that following the publication of the committee agenda, a late supportive submission had been received by officers from North Bradley Parish Council and their supportive comments, specifically in relation to litter management were read out by the case officer.

 

The case officer summarised the updated comments from the public protection officer in relation to noise and litter as well as the additional comments provided by the local highway authority – both of whom raised no objections.

 

Key issues highlighted included the site was located within a mixed-use area, and part of a well-established retail park accessed off one of the main arterial routes into and out of the town.  Litter was not considered to be problem as far as the public protection team were concerned who reported no recent received nuisance or litter-based complaints from the public relative the site and litter management by McDonalds, which appeared to reinforce the supportive comments received from North Bradley Parish Council.

 

The Committee was informed that recently reported and documented background noise levels along Bradley Road at 06:00 had been reviewed by the public protection team and these were found to be quite high due to existing vehicular noise. With this baseline situation, the committee were advised that noise relating to vehicles using the drive thru would not be substantively audible and would not be defensible grounds to refuse planning permission.

 

The committee was also advised that the proposal would not lead to highway conflicts or substantive harm and by opening 90 minutes earlier in the morning, there would only be a limited extra number of people accessing the premises and site, some of whom may arrive by cycle or on foot.

 

There were no technical questions to the officer from members.

 

The Democratic Services Officer, Kieran Elliott, then read out the public statements that had been submitted prior to the meeting, as detailed above. All statements were also available to view in the Agenda Supplement 1, published prior to the meeting.

 

Cllr Andrew Bryant, as Division Member, spoke regarding the application with the main points focusing on the proposed variation to the opening hours from 07:30 to 06:00 and referenced the planning application site history for the premises and the nearby Costa and KFC establishments.

 

Cllr Bryant informed the committee that McDonalds was originally granted permission to operate between the hours of 07:30 – 23:00 in 1996 and had an application to vary the hours refused in 2017.

 

The site history for KFC was also outlined which included a refusal in 2010 for opening hours of 07:00 – 23:00 on the grounds of proliferation of fast food outlets in this area. This was when McDonalds was the only other restaurant being present within the retail park.

 

In March 2011, KFC successfully appealed the aforementioned refusal and was permitted to open to the public from 07:30 – 23:00 – operating hours that would match McDonalds.

 

In 2018, Costa was granted permission to be open to the public from 07:30 (as a revision to what they originally wanted) in the interest of neighbouring amenity and to be synchronised with the other fast food outlet, McDonalds.

 

In 2019 permission was permitted to Costa to open from 06:00 with the reason given ‘to synchronise with the other outlets in the area’ – which Cllr Bryant opined was totally erroneous as there was no other food outlet operating within the retail park before 07:30. So, it remained unclear who Costa would be synchronising with.

 

Members heard Cllr Bryant express great concern about how the food outlets had evolved over time through various applications to the detriment of nearby residential properties.

 

Highlighting the 2010 case officer’s report, when KFC was refused permission, all the cited reasons and concerns had now increased.

 

In terms of litter, a recent visit found that the site was general well managed with bins being emptied. However, a lot of the litter was found further afield.

 

In terms of site activity, the committee heard Cllr Bryant’s concerns about staff arriving at 05:00 and leaving around midnight, as the workers would need to set up each day and tidy up and close day for 06:00-23:00 operating hours.

 

Cllr Bryant outline some reasons why the application for a variation should be refused, stating CP57 part 7 - neighbouring amenity.

 

Cllr Horace Prickett, the division member for North Bradley & Southwick spoke as the adjoining local ward member. Cllr Prickett referenced the letter of recognition and appreciation from the Parish Council which had been read by the DSO, in terms of the effort a McDonalds employee had made to collect litter in the local area.

 

The committee was also informed that North Bradley also employs a litter picking person also. As far as the Woodmarsh area was concerned, Cllr Prickett and the Parish Council argued that in terms of litter, McDonalds did a good job in keeping it clean.

 

In response to the expressed concerns about the determination of the Costa application in 2019 and the reasoning given ‘to synchronise with other outlets’, officers informed the committee, that that was clearly anomalous.  Members were informed that the report set out the full assessment of the application in 2019 and whilst the reasoning was irregular, as no other outlet was operating at 6am, the relevant planning assessment concluded that opening at 6am would not result in substantive harm. 

 

Cllr Davis then moved a motion of approval with conditions, in line with the officer recommendation and as detailed in the report.

 

This was seconded by Cllr Wickham.

 

A debate then took place where Members discussed whether there were strong planning reasons for refusal and that Costa being the other outlet on the site already had permission to open at 06:00 if it chose to.

 

Following the debate, the motion of approval was voted on.

 

 

Resolved

 

That application 19/12153/VAR be Approved in line with Officer recommendation, subject to the following conditions:

 

1.               The use hereby permitted shall only take place between the hours of 06:00-23:00 Monday-Saturday (including Bank Holidays) and 07:30 - 23:00 on Sundays. Deliveries shall not take place between the hours of 23:00 to 06:00 Monday-Saturdays nor before 07:30 or after 23:00 on Sundays. 

 

REASON: In the interests of neighbouring amenity and to be synchronised with the other nearby takeaway food/restaurant outlet.

 

2.               The development hereby permitted shall be carried out in accordance with the following approved plans and supportive statements:

 

Site Location Plan and Covering Statement Letter - both received 23 December 2019; response letter to Committee received 3 July 2020 and Site Management Plan - received 6 July 2020

 

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3.               The development hereby permitted shall be carried out in strict accordance with the submitted details of the approved Site Management Plan at all times in perpetuity.

 

REASON: In the interests of neighbouring amenity.

 

INFORMATIVES TO APPLICANT:

 

1.               The applicant is respectfully advised to consider adding to or making more prominent, existing advertisements that encourage customers not to drop litter or to not have loud music or radios when using the drive-thru.

 

The applicant is also respectfully encouraged to promote the use of sustainable modes of transport other than using private motor vehicles for their staff, and for those who drive to McDonalds to consider car share potential and to park as far away from Bradley Road as reasonably possible in order to reduce potential noise disturbance and to encourage a more environmentally friendly and carbon free future.