Agenda item

Report of the Corporate Director (Planning & Community) - A.1 - 25 00869 FUL - 54 Connaught Avenue, Frinton-on-Sea, CO13 9PR

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

Minutes:

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 other respects, including appropriate updates, so long as the principle of the conditions as referenced is retained; and

 

The informative notes as may be deemed necessary.”

 

Councillor Everett addressed the Committee in his capacity as a Ward Member for Frinton-on-Sea and also on behalf of Councillor Davis, the “caller-in” who had been unable to attend the meeting due to ill health. Councillor Everett spoke against permission being granted for the application.

 

Matters raised by members of the Committee:-

Officer’s response thereto:-

Did we or did we not reconsult Frinton and Walton Town Council?

There has been additional information received during the application process in terms of highway matters, and we have reconsulted with ECC Highways but did not renotify any other parties including the Town Council until today. We have reconsulted the Town Council today as it has been raised that the description of the development has changed. It was altered to make it clearer in respect of it was a change of use to “sui generis” which covers a whole range of potential uses, although from the application paperwork it was clear that it was going to be for a takeaway. For the avoidance of doubt, we have added the words “hot food takeaway” to the description of the development and we have reconsulted the Town Council to cover that issue. But ultimately the plans have not changed, the proposal has been a hot food takeaway from the beginning.

What is the point of reconsulting if we are making a decision tonight?

On the Update Sheet there is a amendment to the recommendation that says – “subject to them [the Town Council] raising no new issues”. You would not be approving the application tonight you would be delegating it for approval subject to no further issues being raised.

Parking area at back is well used and well-occupied and tight for space, are we aware that there is the possibility that some of the delivery vehicle parking places could actually block residents’ access?

That has not been raised with Officers as an issue before today. Ultimately, rights of access is a private legal matter. If it is an obstruction of the highway then a separate regime applies.

Can you clarify about the Conservation Area covenants and the Conservation Area location?

Do not know anything about covenants as that is not within the Officer’s planning remit. It is within the Conservation Area but there are no external changes being proposed. It is a change of use only.

 

It was moved by Councillor Bray, seconded by Councillor Fowler and:-

 

RESOLVED that consideration of this planning application be deferred for the following reasons:-

 

(1)     to enable Officers to investigate any issues of blockage to access and parking at the rear of the site;

(2)     to await the re-consultation period with Frinton and Walton Town Council; and

(3)     to enable Officers to investigate whether signage at the front of the premises can be conditioned.

 

 

 

 

 

Supporting documents: