Site Address: Unit B, 144 Oxford Road, Kidlington Ward: Kidlington South Case Officer: Caroline Ford 12/01791/F District Councillor: Councillor’s Billington, Emptage and Prestidge Recommendation: Approval Applicant: Mr A Guncu Application Description: Change of use from A1 to A3 Committee Referral: Member Request 1. Site Description and Proposed Development 1.1 The site relates to 144 Oxford Road at Kidlington, which has recently been granted planning permission for its demolition and replacement by a larger building with three retail units, a dwelling and five flats (see planning history in para.1.3 below). That approved development is currently underway and the structure is approaching completion. This particular planning application relates to one of the small retail units that are still currently under construction and the original planning application included a condition to restrict the use of these units to A1 retail units. The site is largely residential in nature, however a school and church is within close proximity and some commercial activity is opposite. The site itself previously included one retail unit, with residential accommodation above. The site is outside a conservation area and there are no listed buildings within proximity. A public right of way runs alongside the site. 1.2 The application seeks planning permission to change the use of one of the small retail units previously granted and not yet completed to be used as an A3 use, which is a restaurant/ café use. The design and access statement describes the proposed use as being for a café, but the change of use to A3 would allow any type of restaurant/ café, but not a take-away. The plans show no external alteration, however internally a kitchen is to be included. Otherwise, the unit would appear the same. Unit B has a total internal floor space of 42.75m², however this includes the staff room and W.C and the kitchen and so the useable floor space for the restaurant/ café is likely to be in the region of 21m². 1.3 The most relevant planning history to this proposal is application number 12/00930/F, which allowed the demolition of the existing detached building (residential and retail use) and construction of new building incorporating 3 no. retail units and 1 no. 2 storey dwelling and 5 no. flats with parking and amenity space. This followed application 11/00875/F, which allowed a similar development. Also of note is application number 00/01525/F, which was refused, which sought consent for the change of use of part of ground floor from newsagents to South Fried Chicken restaurant/ take away. There were two refusal reasons, firstly relating to the loss of amenity to neighbouring properties by way of noise and smells and secondly, highway safety in that the traffic generated could cause conflict between vehicles, pedestrians and cyclists within the vicinity of the site. 2. Application Publicity 2.1 The application has been advertised by way of neighbour letter. The final date for comment was the 01st February 2013. 4 letters have been received from local residents and a fifth letter has been received from a café close to the High Street in Kidlington, which also includes a petition signed by 167 individuals. The following issues were raised: Unaware that application had been submitted. Owner has been vague as to what is proposed. The area in and around 144 Oxford Road is ostensibly residential, with the Catholic Church, school and school children from various other schools using this area. No additional parking for the area around 144 Oxford Road. The area has experienced problems with traffic management, litter, parking and the safety of children, church goers and local residents. There is already a well known bottle neck situation throughout the day, which worsens at certain times. There can be a various mix of users of the area at certain times of the day and there have been various near misses in the past. Increasing numbers of pedestrians, with high levels of traffic and inadequate parking would be unacceptable. The proposal would further increase the risk. The junction is already critically dangerous, residents park on the service road and school children have to travel in this area. Police have been involved in the area and CDC has erected wooden barriers to restrict parking. Government have expressed concern about new business selling food near to schools Despite the new very large building there has not been a commensurate increase in parking and the change of use would attract more users and vehicles using the area leading to risk to the community. Longer opening hours because of the use and increase an unsustainable situation. The provision of fast food/ café is not conducive to the immediate residential locality. It will have a negative environmental impact. The business would likely cause noise, anti social behaviour, refuse, litter and smells. Groups of youths could congregate in the area leading to vandalism and potentially direct consequences to the school. This approval could lead to a late night fast food facility Kidlington has sufficient restaurant/ café and fast food facilities. In each case there are sufficient car parks and safe pedestrian access and pedestrianised areas. Kidlington may be a large village but it is not a tourist attraction like Oxford. There is a limited thoroughfare of trade and the numbers of residents is not increasing. Too many of these businesses will mean others cannot pay their bills and rates. Neighbouring residents have been misinformed by the owner Parking implications Health and safety needs to be considered The number of food outlets in Kidlington now seems to be disproportionate to the size of the village and the level of competition is becoming unrealistic. Existing food businesses will start to fail. No need for another food outlet in this area. In view of the strength of concern from the Parish, the School, the Church and other nearby neighbours, CDC are urged to refuse the application. Local people who experience the roads daily are better equipped to judge the impact of increased parking and turning. A closing time of 10pm would be too late in a residential area and would increase the risks of litter, noise and anti social behaviour. Individuals park in the church car park to use the shop and this would increase. Limited information is on the file as to what is proposed and this was never an option originally. This sort of facility is not needed or wanted near to a school. We as a society should be encouraging our young people to live and eat healthy choices and lifestyles; this proposal could be construed to be flying in the face of all government initiatives both at a local and national level. 3. Consultations 3.1 Kidlington Parish Council: Objects to the change of use proposal which will generate additional traffic and parking in what is already a restricted and unsuitable location Cherwell District Council Consultees 3.2 Anti Social Behaviour Manager: No observations or objections Oxfordshire County Council Consultees 3.3 Highways Liaison Officer: The site is a very small unit within a building which replaces a previous commercial use. The proposed change of use from A1 to A3 for such a small unit is unusual and therefore difficult to be sure what, if any detrimental affect it will have. The view of no objection has been reached by the following: it is a small unit, just over 21m², the peak time for this use is likely to be outside of the peak time for vehicular movements, there are likely to be some linked movements/ uses and it is located in a position close to good transport links. 3.4 Following the level of concern from one local resident who was in contact with OCC directly, a review of the above conclusion has been undertaken by the Principal Highway Engineer. His advice to this individual (copied to the case officer) is as follows: As requested I have reviewed my colleague, Vaughan Hughes (Area Liaison Officer)’s assessment of highway matters on planning application ref 12/01791/F. Please find below my comments on this matter: Site & Application Considerations I understand from reviewing the recent planning history of 144 Oxford Road, Kidlington, this site currently has two valid planning permissions (ref 11/00875/F and 12/00930/F). The permitted development description for both these planning approvals is “Proposed demolition of existing detached building (residential and retail use) and construction of new building incorporating 3 No retail units and 1 No 2 storey dwelling and 5 No flats with parking and amenity space”. I have attached a copy of both planning permissions for your convenience. From observations on site it is clear one of these planning approvals has been implemented by the owner. The submitted planning application (ref 12/01791/F) is for a full application and proposes to change the use of Unit B of 144 Oxford Road from A1 to A3. The internal floor area to be used as an A3 Use Class is stated as 42.75m2 on the application form (useable floor area around 21m2). The likely peak time use associated with unit B (proposed A3 use) is likely to be outside the common peak time movements associated with vehicular traffic. The site is located within an area which has good footway links and is nearby to public transport services. Traffic movements are expected from the proposed change of use, but are expected to be of a similar level to the permitted A1 use. Parking levels for the permitted developments and the proposed are considered acceptable. The definition of an A1 Use Class and a A3 Use Class i.e. what uses come under each Use Class are set out in the table below. Please note hot food takeaways come under a different Use Class which has not been applied for. A1 (Shops) A3 (Restaurants and Cafes) A5 (Hot Food Takeaways) Shops, retail warehouse, hairdressers, travel and ticket agencies, post office, pet shops, sandwich bars, internet cafes, showrooms, domestic hire shops, dry cleaners and funeral directors. Establishments where the primary purpose is for the sale of food and drink for consumption on the premises – restaurants, snack bars and cafes. Establishments where the primary purpose is for the sale of hot food for consumption off the premises. No permitted change. Permitted Change to A1 or A2 Permitted Change to A1, A2 and A3. Accident data: There has been one incident recently reported within the area. This incident involved a bus and pedal cyclist where the pedal cyclist came out in front of the bus. I understand the location of this incident was south of the Toucan Crossings on the Oxford Road opposite the development site. Site Observations During my site visit the existing footways and controlled crossing points were well used by parents taking and picking up their children from the nearby school. However, after these expected short peak time movements, the surrounding area became very quiet except for the occasional pedestrian movement. While on site I counted around 10 cars parked on-street along the service road. After the AM drop off of children to the school the number of on-street parked vehicles reduced to 7. On inspection of these vehicles it appears they were associated with the nearby houses adjacent the development site i.e. vehicles owned by residents and the builders currently working on two properties along the Oxford Road. During the school drop off time I noted the church car park was used, but was almost empty (2 vehicles counted) after 9am. The School car park was full and remained so after 9am. My findings in the PM School pick up time were similar to my morning observations. It was noted on site there are keep clear zig zags around the school entrance, and the exit onto the main Oxford Road is a left turn only. From my observations on site I saw no traffic movements of concern. Review Findings I have reviewed the accident data that is available, and can confirm this was considered during the assessment of planning application 12/01791/F. Due to the location and the circumstances of the reported incident, my observations on site, the site’s recent planning history, the proposed unit’s size and the experience my officers and I have had assessing similar changes of use applications within Oxfordshire, it is my opinion the professional recommendation provided by Vaughan Hughes to the Local Planning Authority (LPA) is correct. 4. Relevant National and Local Policy and Guidance 4.1 Development Plan Policy Adopted Cherwell Local Plan (Saved Policies) S28: C28: C31: ENV1: 4.2 Proposals for small shops and extensions to existing shops outside Banbury, Bicester and Kidlington shopping centres Layout, design and external appearance of new development Compatibility of proposals in residential areas Development likely to cause detrimental levels of pollution Other Material Policy and Guidance National Planning Policy Framework Proposed Submission Local Plan Incorporating Proposed Changes (March 2013) The draft Local Plan has been through public consultation and although this plan does not have Development Plan status, it can be considered as a material planning consideration. The plan sets out the Council’s strategy for the District to 2031. 5. Appraisal 5.1 The key issues for consideration in this application are: • • • • 5.2 5.3 Principle of the proposed development including planning history Visual amenity Residential amenity of neighbouring properties Highway safety Principle of the proposed development including planning history The principle of the development and of the acceptability of three retail units on this site has been set out and assessed in relation to applications 11/00875/F and 12/00930/F. The site is not situated within the centre of Kidlington but is on the main Oxford Road, amongst largely residential properties but with commercial businesses on the opposite side of the Oxford Road/ Bicester Road junction. The adopted Cherwell Local Plan advises that ‘proposals for hot food takeaway and other A3 uses will be considered against Policies ENV1 and TR5. Hot food takeaways have the potential to cause nuisance to nearby residents due to general activity, particularly during the late evening and due to cooking odours. To lessen the likelihood of disturbance at anti social hours, hot food take away establishments will normally be resisted in predominantly residential areas unless the premises are situated within a neighbourhood shopping centre or other commercial frontage. Even in those situations, permission may be refused if existing residential property is so close to the proposed use as to be likely to experience nuisance. In areas that are predominantly residential, the Council will normally seek to impose planning conditions to limit the opening hours of hot food take away shops to generally accord with the opening hours of licensed premises. In considering applications for hot food take away establishments, pubs, cafes and restaurants, the Council will need to be satisfied that the method of mechanical ventilation of the cooking area is of a type and standard that will ensure that emissions are deodorised prior to their discharge to the atmosphere. 5.4 Policy ENV1 is a saved policy and this states that ‘development which is likely to cause materially detrimental levels of noise, vibration, smell, smoke, fumes or other type of environmental pollution will not normally be permitted’. Policy TR5 is not a saved policy but related to highway safety and this matter will be assessed against the advice within the NPPF. 5.5 It is important to note that this application seeks planning permission for the unit to be used for an A3 use – restaurant/ café and not for any sort of hot food takeaway. As described above, it is not clear what the exact A3 use would be – the description within the application states only café, but whilst this could cover the sale of hot food, it could also cover the sale of cold or warmed up food. The area is predominantly residential in nature; however it forms one of a small cluster of three units within an area where other commercial uses are in existence nearby. The unit itself is very small and therefore the extent of the use is restricted, however by the nature of the use, it is recognised that environmental impact by way of odours could occur and this was one of the reasons for a previous application being refused. Having looked at the planning history of this site, the previously refused proposal for the hot food takeaway appeared to constitute almost the whole of the original building’s ground floor and so the extent of the use and the potential for nuisance to be caused was at a far greater level than is now proposed. Furthermore, the nature of a take away is different to a restaurant/ café use. The Council’s Anti Social Behaviour Manager has raised no objection or comments. It is considered, the use of the site for the proposed A3 use class is acceptable in this location. There is the potential for some noise and disturbance from such uses, but given the size of the unit this is likely to be limited and given the opening hours (explained below) this would be during the day rather than in the evening. As the unit could not sell hot food to take away and customers would be sitting inside, the level of litter is not considered to be significantly greater than the level that could be produced from three shops – which are already approved. 5.6 The end user and the specific food that would be served is not specified in this application and therefore the detail of the extraction system/ mechanical ventilation can be requested via condition. This will ensure that the proposal is acceptable in terms of reducing nuisance by way of odours to an acceptable level, and to ensure that its visual impact is appropriate. Furthermore, hours of opening can be controlled by condition to ensure that the unit is not used at anti social hours. Despite the application forms advising the opening hours would be 07:00-17:00 daily, it is considered the use of a restaurant/ café may choose to open later into the evening therefore it is suggested that the closing time be 6.00pm to ensure that control is possible. The HPPDM has considered allowing a later opening time given a restaurant use commonly opens later into an evening, however as this is not the current proposal, the location of the site is predominantly residential, it is considered reasonable to restrict the opening time to 6.00pm and should there be a proposal at any time in the future to increase the opening times, this condition would need to be varied. It is considered that the principle of the use in this location is acceptable and that the proposal would not cause an unacceptable impact by way of nuisance by odours (as this can be controlled by condition) and the proposal complies with policy C31 and ENV1 of the adopted Cherwell Local Plan. 5.7 Visual amenity The proposed application is for a change of use only and not for any external changes to the building. As such, the proposal will have no greater visual impact than was originally considered. The proposal continues to comply with policy C28 of the adopted Cherwell Local Plan. 5.8 5.9 5.10 5.11 5.12 6. Residential amenity of neighbouring properties The impact of the proposal upon the residential amenity of neighbouring properties by potential nuisance caused by odours, noise or litter has been addressed above. The proposal will have no greater impact by way of loss of light, loss of privacy or over dominance than the previously considered and approved scheme. Highway safety The level of parking has been considered and agreed under the planning application for the building as a whole for its use as a dwelling, five flats and the three retail units. Unit B is not changing in size, it is merely its use which needs to be considered. Officer’s are not convinced that the use of the unit as a restaurant/ café would necessarily create more parking pressure in this area than the use of the unit as a shop – it would have similar demand. Furthermore, the site is situated in a sustainable location with good pedestrian and transport links and therefore it is not considered that the proposal would be unacceptable in highway safety terms. The Highway Authority raises no objection and their consideration of the proposal is set out above including the review by the Principal Engineer who has in detail confirmed no objection is raised. Officers have no reason to disagree with their assessment. Other matters The change of use will not affect the public right of way. Third party comments have been received in relation to competition and the fact that existing businesses are struggling and that this proposal will affect other businesses in Kidlington and that this use is not wanted or needed. These comments are noted, however this is not a material planning consideration and Officers could not recommend refusal for this application based on the fact that there are too many restaurant/ cafes in the village already. The application only needed to be advertised by way of neighbour letter and so this was undertaken to those within close proximity to the red line. In planning terms, Officer’s do not consider that it is inappropriate for a food outlet to be within proximity to a school. Planning policy does not advise that proposals such as this should be restricted. The opening hours suggested ensure that the proposal will not be a ‘late night fast food’ facility. Furthermore, whilst groups of youth’s could congregate, this could similarly happen if all units were to be used only for shop purposes. It is not considered that there would be a material difference and this would not be a reasonable ground for the refusal of the application. All other comments received, including those from the Parish Council have been addressed within the appraisal. Engagement With regard to the duty set out in paragraphs 186 and 187 of the Framework, no problems or issues have arisen during the application process. It is considered that the duty to be positive and proactive has been discharged. Conclusion In Officer’s view the proposal represents an acceptable form of development within this area and which will have an acceptable level of impact and therefore complies with the above mentioned policies. The proposal is recommended for approval as set out below. In respect to the conditions, those from the original permission have been repeated due to the building still being under construction currently. Those that are still outstanding have been recommended again. Further conditions are also recommended that relate to the use of the unit itself. Recommendation Approval, subject to the following conditions: 1. The development to which this permission relates shall be begun not later than the expiration of three years beginning with the date of this permission. Reason - To comply with the provisions of Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2. Except where otherwise stipulated by condition, the application shall be carried out strictly in accordance with the following plans and documents: application forms, design and access statement and drawings numbered: 187412:1, 187412:2 and 187412:3 and the following documents and plans approved under 12/00930/F: application forms, design and access statement and drawing numbers 179610:1, 179610:2, 179610:3B, 179610:4D, 179610:5B and 179610:6. For the avoidance of doubt, the commercial rubbish area shall not be installed at the front of the site. Reason - For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with Government guidance contained within the National Planning Policy Framework. 3. The materials to be used to construct the new building at 144 Oxford Road shall be in accordance with those approved under 12/00198/DISC on the 09/04/2013, namely Northcot Multi red rustic brick, Redland plain concrete tile and Monocouche XF cream S40 render unless otherwise approved in writing by the Local Planning Authority. Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan. 4. Any windows in the north and south elevations of the new building at 144 Oxford Road shall be glazed at all times with obscured glass that complies with British Standard Category C and shall be fixed shut unless any opening element is at least 1.7m above the floor level in the room in which it serves except for the lounge window on the north elevation of the building and the ground floor windows serving the kitchen, utility room, porch and extension on the south elevation shown on drawing 179610:4D. Reason - To safeguard the privacy and amenities of the occupants of the adjoining premises and to comply with Policy C30 of the adopted Cherwell Local Plan. 5. A plan showing the details of the finished floor levels of the proposed building in relation to existing ground levels on the site shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be carried out in accordance with the approved details. Reason - To ensure that the proposed development is in scale and harmony with its neighbours and surroundings and to comply with Policy C28 of the adopted Cherwell Local Plan. 6. Before the development is first occupied, the parking and manoeuvring areas and cycle areas shall be provided in accordance with the plan hereby approved and shall be constructed, laid out, surfaced, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and shall be retained unobstructed except for the parking and manoeuvring of vehicles and bicycles at all times thereafter. Reason - In the interests of highway safety and to comply with Government advice contained in The National Planning Policy Framework. 7. Before the development is first occupied the access drive shall be constructed, surfaced, laid and marked out, drained and completed in accordance with specification details to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. Reason - In the interests of highway safety, to ensure a satisfactory standard of construction and layout for the development and to comply with Government advice in The National Planning Policy Framework. 8. The boundary enclosures shall be installed in accordance with those shown on drawing number 179610:4 E approved under 12/00198/DISC on the 09/04/2013, and such means of enclosure shall be erected prior to the first use of the building. Reason - To ensure the satisfactory appearance of the completed development, to safeguard the privacy of the occupants of the existing and proposed dwellings and to comply with Policies C28 and C30 of the adopted Cherwell Local Plan. 9. The commercial and residential waste storage areas shall be positioned to the rear of the site in accordance with the position and details of their appearance as shown on drawing number 179610:4 E approved under 12/00198/DISC on the 09/04/2013. Reason - To ensure the satisfactory appearance of the completed development and to comply with Policy C28 of the adopted Cherwell Local Plan. 10. That full design details of any external lighting shall be submitted to and approved in writing by the Local Planning Authority prior to the installation of any such lighting. The lighting shall be installed in accordance with the approved details. Reason - In order to safeguard the amenities of the area and to comply with Policy ENV1 of the adopted Cherwell Local Plan. 11. That full design details of any proposed mechanical ventilation or extraction systems including any necessary flue to be installed into or onto the building shall be submitted to and approved in writing by the Local Planning Authority prior to the installation of any such equipment. The equipment shall be installed in accordance with the approved details. Reason - To ensure the satisfactory appearance of the completed development, to safeguard the amenity of the occupants of the existing and proposed dwellings and to comply with Policies C28 and C30 of the adopted Cherwell Local Plan. 12. Notwithstanding the approved plans, any changes required to the windows on the north elevation of the new building at 144 Oxford Road in order to comply with the Building Regulations shall be shown on a revised plan to be submitted to and approved in writing by the Local Planning Authority prior to the commencement of the development. The development shall be carried out in accordance with the amended plan. Reason - For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with The National Planning Policy Framework. 13. No deliveries shall take place to or from the site before 08.00 hours or after 18.00 hours on any day. Reason - To safeguard the residential amenities of existing and proposed residential properties and to comply with Policies C30 and ENV1 of the adopted Cherwell Local Plan. 14. The two retail premises to the north and south of the building shall be used only for purposes falling within Class A1 specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and for no other purpose(s) whatsoever. Reason - In order to maintain the character of the area and safeguard the amenities of the occupants of the adjoining premises in accordance with Policies C28 and C31 of the adopted Cherwell Local Plan. 15. The retail unit identified as ‘Unit B’ on drawing number 187412:3 shall be used only for purposes falling within Class A1 or A3 specified in the Schedule to the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005 and for no other purpose(s) whatsoever. Reason – In order to maintain the character of the area and safeguard the amenities of the occupants of the adjoining premises in accordance with Policies C28 and C31 of the adopted Cherwell Local Plan. 16. The hours of opening of Unit B shall be restricted to the following times:Monday-Friday – [7.00am to 6.00pm] Saturday – [7.00am to 6.00pm] Sunday and Public Holidays – [7.00am to 6.00pm] Reason - In order to safeguard the amenities of the area and to comply with Policies C31 and ENV1 of the adopted Cherwell Local Plan and Government guidance contained within the National Planning Policy Framework. Planning Notes 1. The applicant is reminded that there may be the requirement for Advertisement Consent for any advertisements proposed to be installed for any of the three retail units. You are advised to check whether any such consent is required before the installation of any advertisements. 2. Planning permission only means that in planning terms a proposal is acceptable to the Local Planning Authority. Just because you have obtained planning permission, this does not mean you always have the right to carry out the development. Planning permission gives no additional rights to carry out the work, where that work is on someone else's land, or the work will affect someone else's rights in respect of the land. For example there may be a leaseholder or tenant, or someone who has a right of way over the land, or another owner. Their rights are still valid and you are therefore advised that you should seek legal advice before carrying out the planning permission where any other person's rights are involved. SUMMARY OF REASONS FOR THE GRANT OF PLANNING PERMISSION AND RELEVANT DEVELOPMENT PLAN POLICIES The Council, as local planning authority, has determined this application in accordance with the development plan unless material considerations indicated otherwise. The development is considered to be acceptable on its planning merits as the proposal to change the use of Unit B to an A3 use is considered to be acceptable in principle and pays proper regard to the character and appearance of the site and surrounding area. The proposal also has no undue adverse impact upon the residential amenities of neighbouring properties or highway safety subject to compliance with the above conditions. As such the proposal is in accordance with Policies S28, ENV1, C28 and C31 of the adopted Cherwell Local Plan and Government guidance contained within The National Planning Policy Framework. For the reasons given above and having proper regard to all other matters raised the Council considered that the application should be approved and planning permission granted. STATEMENT OF ENGAGEMENT In accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No 2) Order 2012 and paragraphs 186 and 187 of the National Planning Policy Framework (March 2012), this decision has been taken by the Council having worked with the applicant/agent in a positive and proactive way as set out in the application report.
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