Test Valley Borough Council Northern Area Planning Committee 10 December 2015

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1 ITEM 11 APPLICATION NO. 15/01745/FULLN APPLICATION TYPE FULL APPLICATION - NORTH REGISTERED APPLICANT Mr Akhtar Arafat SITE 1B Mylen Road, Andover, Hampshire, SP10 3HJ, ANDOVER TOWN (HARROWAY) PROPOSAL Change of use from A1 (shop) to A5 (hot food takeaway); Allowance for the installation of extraction system for pizza oven and air attenuation supply to the property; installation of x2 wall mounted condensers to serve cold-rooms; Alterations to the internal floor space and associated building works. AMENDMENTS Amended Extraction Details received Additional Parking plan received CASE OFFICER Sharon Brentnall/ Mr Steven Banks Background paper (Local Government Act 1972 Section 100D) 1.0 INTRODUCTION 1.1 This application is reported to the Northern Area Planning Committee due to significant local interest. 2.0 SITE LOCATION AND DESCRIPTION 2.1 The site is situated within a group of commercial properties on the junction of Charlton Road and Mylen Road. The property itself is located on the southern edge of this group of properties and fronts onto Mylen Road. 2.2 It consists of a single storey building which houses a currently vacant retail unit and a hot food takeaway to the rear. 2.3 All of these buildings are surrounded by hard surfacing which is predominantly laid out as a shared parking area providing 24 car parking spaces. 2.4 Adjacent to the south of the site are residential properties, as well as to the west, albeit separated by Mylen Road. 3.0 PROPOSAL 3.1 This is a Full planning application proposing the change of use from the currently vacant Class A1 shop to Class A5 hot food pizza takeaway. The application is amended from that refused in April 2015 (15/00341/FULLN), with details relating to the viability, noise and odour emissions from the proposal submitted with the application.

2 3.2 The application also includes the installation of extraction system for the kitchen which will include a pizza oven and air attenuation supply to the property. Cold storage facilities are also proposed and require the installation of 2 no. wall mounted condensers. 3.3 The existing retail layout within the shop is to be altered to accommodate the proposal with associated building works. 4.0 HISTORY 4.1 TVN Erection of a block of 3 shops with 8 flats over and provision of 3 garages and 13 parking spaces - 63 Charlton Road, Andover. Outline permission subject to conditions 10 Nov TVN Conversion into 2 retail units, dancing school and fitness centre - former ATS Depot, Mylen Road, Andover - Refused 08 July TVN.05305/1 - Alterations to roof and insertion of new doors, windows and shopfronts - Permitted 07 Feb TVN.07751/1 - Increased and re-arranged parking for whole site, insertion of first floor and new roof to 1A Mylen Road - Permitted 17 Mar TVN.05305/2 - Change of use to take-away (class A3) unit 1A -Permitted - 24 Feb /00342/ADVN - Internally illuminated fascia and projecting signs consent - 8 April /00341/FULLN - Change of use from Class A1 (shop) to Class A5 (hot food takeaway) with installation of extraction system for pizza oven and air attenuation supply to the property; installation of 2 no. wall mounted condensers to serve cold-rooms; alteration of the internal floor space and associated building works refused - 8 April Case officer comment The application was refused due to the lack of submitted justification for the proposed change of use to demonstrate that an A1 use is not commercially viable or could be made commercially viable. Insufficient information was also provided to demonstrate that the proposed change of use would not result in a detrimental impact on the amenities of nearby residential properties due to cooking smells and noise. 5.0 CONSULTATIONS 5.1 Highways No objection No additional trips above the extant use are likely. 5.2 Environmental Health no objection subject to conditions.

3 6.0 REPRESENTATIONS Expired Andover Town Council there is no provision for collection of waste, no parking space details, and request high quality extraction system to minimise odour impact Letters of objection 1, 2, 5, 6, 10, 12, 18, 19, 27, 29, 31 Mylen Road, 100 Charlton Road, 20 Hexagon Use We have lived at 2 Mylen Road for 37 years. When we moved here there was a corner shop where the Co-op now is and 1A was a retail unit open 9 to 5 weekdays. Over the years the ownership has changed but the usage has not. We have witnessed the evolution of the small retail parking in our residential area. We have had no cause to object to any changes over the years. The units are relatively insular with all units facing inwards and not having a direct impact on the residents of Mylen Road. We want to see the store in use again but continuing as a retail class A1 unit. I am sure another owner under its current usage will be forthcoming. Inadequate justification of the proposed change of use. No marketing report has been submitted. Opening Hours The area is a residential neighbourhood and business that operate keep normal business hours except the Co-op and the Excelsior Chinese take away which close by 11pm. The hot food and Pizza Hut outlets tend to open into the early hours of the morning and in some instance 24 hours and if they are granted planning permission to open there it will have drastic effect on the character of the road. Mr Arafat has not made the opening times at all clear. Noise and disturbance Late night noise and disturbances 7 days a week. Noise until late into the evening. Permission was refused for a similar application on the grounds of noise and smell. The proposed extraction and condenser systems now being added would now increase the noise level. There is quite enough noise already for residents. My house is opposite this site and it is like a tunnel of sound through the buildings. The noise from the refrigeration unit which will run for 24 hours will be too much. We had researched to find that the volume would the same as two people holding a conversation. For those living near, the result would be 24 hours a day right outside their houses. This would be unacceptable especially those with children. There will also be the noise of cars and people collecting takeaways and noise from the delivery car until late at night.

4 The noise on the whole site is incredible with early morning deliveries (pre 7am) and late night shoppers and this proposal will make things worse. Noise assessments have been carried out on plant installed and when combined with extra noise pollution from customers and their vehicles it will be extreme and over unsociable hours. High spirits can easily lapse into vandalism. Policy AME04 requires noise generating development to demonstrate that levels of noise would not cause an unacceptable level of disturbance. No noise study has been submitted with the application. Traffic and Parking Traffic is really bad, it can now take half an hour for me to get out of my drive at times and it can be quite dangerous. The takeaway will be near the corner and will cause a lot of problems with traffic. This is the route that the ambulances take to the hospital in Salisbury. Traffic and noise will increase with the influx of customers and delivery drivers. The traffic and parking is already problematic. Cars already drive too fast into Mylen Road right at the point where there are lots of parked cars. People at present park on double yellow lines. Residents have to pay to park outside their own houses. They will find the spaces outside their houses that they have paid for blocked by people collecting their pizzas. Mylen Road is busy and dangerous particularly for children. Parking is already a big issue on Mylen Road with limited spaces for permit holders (our house is on the corner of Orchard Road and we don t have any off road parking outside our house or a parking bay outside. It is frequently difficult to find a parking space. I would imagine customers will be parking on both Mylen Road and Orchard Road, so making it even harder for residents to find a parking space. A more central or retail park location with ample parking would be better suited than a residential street. The road is already very busy with a constant stream of cars and delivery vans. The hospital has its own traffic, but also people driving around to find possible parking and avoid parking fees. The ambulance station has ambulances rushing through this area for emergencies. We have to pay for the privilege of parking outside our own homes, but the minute we move the space will be taken by people and will become worse if Pizza Hut staff and customers are allowed. Mylen Road is a rat run for the station and hospital with a number of drivers breaking the speed limit. Allowing a hot food take away would cause even more chaos on an already congested road. There would be HGV lorries dropping off supplies to the premises which would add to volume of traffic.

5 In May we all witnessed an RTA on Mylen Road which involved the driver speeding late at night, there would have been fatalities had there been pedestrians on the pavement at the time. The Council should be looking at the traffic management on Mylen Road before any planning application is granted. Where are all the customers going to park? At the front of 1A Mylen Road there are possibly 4 parking spaces at most, never enough for their customers and delivery drivers. The spaces in the evening are still taken up by customers of the Co-op and the Chinese takeaway whom are both open late. Experience elsewhere has shown that successful pizza takeaway services can, at peak times have upwards of 40 vehicular movements (both ways) per hour. No information is provided on the proposed delivery vehicles. No Transport Assessment has been submitted; one is clearly needed to properly assess the application. Odour The smell when we have our windows opening will be too much. The smell emanating from the cooking of pizzas will be offensive and all pervasive. I tis unacceptable that residents should have to suffer the smell, especially during nice weather then they are using their gardens. The tests that have been done cannot show the real noise and smell volumes Pizza Hut will cause whilst making/ cooking and serving the food. The exhaust form the ovens will pump out fumes directly onto the neighbouring properties 7 days a week over long hours. Residents will have no option, but to keep windows closed at all times. Without further information it cannot be determined as to whether the proposal would have an adverse cumulative impact, taking into consideration the presence of the adjoining Excelsior takeaway on adjacent properties. Litter We already have lots of litter in our front garden from people using the shops. After a weekend we have to dispose of beer cans, take away boxes etc. from our front garden. Will the owner of the pizza restaurant be responsible for keeping Mylen Road clean of litter? Gardens will become depositories for litter. Antisocial behaviour We do not want or need people hanging outside a pizza takeaway after the pubs close or at any other time. I have a brick wall which people sit on at night and drink, so presumably they will also eat pizza! It will encourage young people to visit this area which could lead to an increase in crime and anti-sociable behaviour.

6 Other matters There is no mention of the bright red sign that will come with this application because somehow it got its own permission last time. The illuminated sign will shine into my bedroom window as I live opposite. The change would negatively impact the businesses already situated in this area. Would devalue property in the area. Such an establishment would be better suited in the town centre or on an industrial estate. We do not need another take away; we have a Chinese take away and also a coffee shop. Also ten minutes away are a pizza take away and a fish and chip shop. Why could it not go in one of the empty shops in town? There is a good variety of food available already. There are plenty of fast food outlets in Andover including 3 pizza ones, there is no need for any further. 7.0 POLICY 7.1 Government Guidance National Planning Policy Framework (NPPF) 7.2 Draft Revised Local Plan (2014) The Revised Local Plan was submitted to the Secretary of State for Examination on 31 July This process is continuing following Hearing sessions being held in December 2014 and January The weight afforded to it at this stage would need to be considered against the tests included in paragraph 216 of NPPF. 7.3 It is not considered that the Revised Local Plan would have any significant bearing on the determination of this application. 7.4 Test Valley Borough Local Plan (2006)(TVBLP) AME 04: Noise and Vibration AME 05: Unpleasant Emissions ESN 18: Retention Of Existing Local Shops And Public Houses TRA 01 Travel Generating Development TRA 02 Parking Standards TRA 04 Financial Contributions to Transport Infrastructure TRA 05 Safe Access TRA 06 Safe Layouts TRA 07 Access for Disabled People TRA 09 Impact on the Highway Network DES 06 Scale, Height, and Massing DES 07 Appearance, Details and Materials DES 11 Shop Fronts

7 8.0 PLANNING CONSIDERATIONS 8.1 The main planning considerations are: The principle of development The impact on the amenities of neighbouring properties The effect on the character and appearance of the surrounding area The impact on the highway network 8.2 The principle of development The application site is located within the built up area of Andover. The unit to which the application relates is within an existing area of commercial premises comprising a convenience store, pharmacy, café, hot food take away, other retail and offices. 8.3 The change of use from shop to hot food takeaway is permitted under policy ESN18 where it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable. The application has been accompanied by marketing details which set out that the unit has been subject of a number of successive failed tenancies for A1 uses in the past few years. The unit has now been vacant since July 2014 and marketed nationally during this time period. It is therefore considered that the unit still no longer has a viable A1 use. In this respect the application is in accordance with policy ESN Impact upon Neighbouring Amenities The site is immediately adjacent to and opposite a number of neighbouring residential properties (east and south). The application site comprises one unit within a subdivided building, with the property to the north comprising a hot food take away. To the west are further commercial properties including a large convenience store. 8.5 Odour There are properties in the vicinity of the site whose occupants could be affected by potential odours from an A5 takeaway use. The applicant has provided details of the type of extractions systems proposed, with exact outlet locations and heights. The information has been assessed by the Council s Environmental Protection Officer and has determined that it has been demonstrated that there will be no significant adverse impacts on health and quality of life of neighbouring properties. 8.6 Noise The existing A1 use and surrounding commercial uses are a material consideration. Any noise associated with the development proposed with this application must therefore be balanced against that which could occur with the existing uses on site. The existing hot food take away business to the rear of the application site, in addition to the convenience store to the east both have permitted opening hours until 11pm. There have been comments raised with regard to noise and anti social behaviour, however there is no evidence that A5 uses necessarily bring with them anti-social behaviour.

8 The space outside the building is to be used for the parking of delivery vehicles and it would not be in the commercial interests of the occupiers to allow people to congregate outside. In addition to potential customer noise, the impact of the noise of deliveries has also been considered. A condition restricting the delivery hours is considered appropriate in addition to the proposed opening hours and it is considered that limiting the opening hours to those now proposed would assist in reducing the impact of the proposal to an acceptable level. The Council s Environment and Health Officer has reviewed the proposals and has no objection subject to these conditions. 8.7 Waste There have also been concerns raised about litter and waste. Whilst the planning system cannot control potential littering, details have been provided with regard to bin storage and times of waste collection, which could have potential for noise disturbance. The above condition relating to deliveries has also been extended to include waste collection. 8.8 It is therefore considered that the impact upon the amenity of neighbouring residential properties would be acceptable and the proposal accords with policy AME04 and AME05 of the TVBLP The effect on the character and appearance of the surrounding area The proposal will include internal works, with no alterations to the appearance of the building other than signage, which was permitted under a separate application (ref 15/00342/ADVN). It is not considered that the use of the building for a takeaway would have a significant impact on the character and appearance of the surrounding area. The proposal is acceptable in this regard Highway Impact The proposal does not result in traffic generating development when compared to the existing use and it is not considered that the proposal would impose additional burdens on the existing highway network. The applicant has set out that the existing spaces to the front of the building will be reserved for the delivery vehicles, which will be cars rather than mopeds. The building is also served by 25 parking spaces which are shared by the group of commercial units in the wider area. Therefore it is considered that the proposal would be in accordance with the parking requirements set out in policy TRA The existing use is for an A1 retail unit and as such could generate a similar number of customers and deliveries as the proposed use. The proposal involves no extension to the floor space or other alteration which could be said to have an additional impact in accordance with policy TRA01. The Highways Authority has raised no objection accordingly It is therefore considered that the proposal accords with relevant TRA policies of the TVBLP 2006 and is acceptable in this respect.

9 8.13 Other Matters Need Representations have been made on whether there is a need for another takeaway facility in this location given the number of facilities in the vicinity of the site. The site is outside of the primary shopping area of Andover and there is no policy to restrict the number of non-retail uses in this location. There are no local plan policies that require a need to be demonstrated for a takeaway in this location. 9.0 CONCLUSION 9.1 The proposal is in accordance with the relevant policies of the Test Valley Borough Local Plan and subject to conditions, considered acceptable with regard to the impact on the amenities of occupants in the vicinity in terms of noise and odour and the on the character and appearance of the area. The site access and parking provision are considered acceptable in respect of highway network and safety considerations RECOMMENDATION PERMISSION subject to: 1. The development hereby permitted shall be begun within three years from the date of this permission. Reason: To comply with the provision of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers B, EX01, PL02, SK01. Reason: For the avoidance of doubt and in the interests of proper planning. 3. No incoming deliveries shall be received at the site nor waste collections made except between the hours of Monday to Friday, and on Saturdays and public holidays. No incoming deliveries to the site nor waste collections may be made at any time on Sundays. Reason: In the interest of the amenities of neighbouring residential properties in accordance with policies AME01 and AME04 of the Test Valley Borough Local Plan The use hereby permitted shall only be open for business between a.m. and p.m. on any one day. Reason: In the interest of local amenities in accordance with Policy AME01 and AME04 of the Test Valley Borough Local Plan The waste bins for the unit shall be stored in a position immediately to the rear of unit 1A as shown on plan number 14/0113 B received Reason: In the interest of the amenities of neighbouring residential properties in accordance with policies AME01 and AME04 of the Test Valley Borough Local Plan Delivery vehicles shall only use the parking area shown marked on plan number 14/0113 B received

10 Reason: To maintain the amenities of neighbouring properties in accordance with policy AME01 of the Test Valley Borough Local Plan. Note to applicant: 1. In reaching this decision Test Valley Borough Council (TVBC) has had regard to paragraphs 186 and 187 of the National Planning Policy Framework and takes a positive and proactive approach to development proposals focused on solutions. TVBC work with applicants and their agents in a positive and proactive manner offering a pre-application advice service and updating applicants/agents of issues that may arise in dealing with the application and where possible suggesting solutions.