Change of commercial use from Class E to hot food takeaway (sui generis).

Councillor Everett, who was present in the public gallery, declared for the public record that he was a Ward Member for Frinton-on-Sea and that he lived close by to the application site.

The Committee was informed that this application had been “called in” by Councillor Davis, a Ward Member for Frinton-on-Sea.

It was reported that this proposal sought planning permission for the change of use from a Class E restaurant to a hot food takeaway (sui generis), with no external alterations proposed.

Members were made aware that, in the opinion of Officers, whilst the loss of a Class E use resulted in some harm to the retail function of the Primary Shopping Area, the unit was currently vacant, and the introduction of a hot food takeaway would return the premises to active use, increasing footfall and contributing positively to the vitality and viability of the town centre. The inclusion of an internal seating area would maintain an element of eat?in provision similar to the previous restaurant use, helping to sustain activity on Connaught Avenue.

The impact on the Conservation Area was felt by Officers to be negligible due to the absence of external changes; residential amenity would not be significantly harmed given the town centre context and proposed opening hours, and no significant harm to highway safety would result. On balance, the benefits of bringing the unit back into active use outweighed the limited harm arising from the loss of a Class E use within the Primary Shopping Area, and the proposal was therefore recommended, by Officers, for approval.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

At the meeting, an oral presentation was made by the Council’s Planning Officer (CC) in respect of the application.

An Officer Update Sheet had been circulated to Members prior to the meeting which informed the Committee as follows:-

“A further objection has been received from a neighbouring resident, bringing the total to three objections. This latest representation raises concerns that the proposed use is not suitable for Connaught Avenue, citing issues such as increased traffic, noise, and potential environmental impacts.

The application as originally submitted contained vague and limited information. Additional information was provided. The application description was amended and the application readvertised by new site notice and newspaper advert (given the Conservation Area location). It has been noted that the Town Council were not reconsulted at that time so that re-consultation is pending. The recommendation at 10.1 is therefore amended to:

Recommendation: Approval

Following re-consultation with Frinton and Walton Town Council, and subject to them raising no new issues that have not been addressed within the committee report that the Head of Planning and Building Control be authorised to grant planning permission subject to the conditions as stated at paragraph 10.2, or varied as is necessary to ensure the wording is enforceable, precise, and reasonable in all  ...  view the full minutes text for item 61