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

It was noted for the public record that because Councillors Smith and White had been not present when this application was first debated (and subsequently deferred) at the last meeting (19 February 2026), they were precluded from taking part in the deliberations or decision-making process for this item.

Members recalled that this application sought a change of use from Class E to hot food takeaway (sui generis) with no external alterations. The unit was currently vacant, and the proposal would return it to active use, contributing positively to the vitality of the town centre.

The Committee was reminded that the application had been deferred to enable re-consultation with the Town Council and to consider a potential access blockage for the flat above. Updates to the Officer report (A.3) were in bold italic font and included an objection from the Town Council.

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:-

“Revision to Heritage Assessment (Paras 8.21–8.22):

Following further review and for the avoidance of doubt, the assessment of the proposal against the statutory duty under Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 has been expanded. While no external alterations are proposed, other than bin and cycle stores to the rear, and the visual impact remains negligible, recent case law confirms that the duty is not confined solely to appearance.

In Historic England v Milton Keynes Council [2018] EWHC 2007 (Admin), the High Court clarified that the terms “character or appearance” encompass more than built form, extending to historic uses and activity patterns that contribute to how a Conservation Area is understood and experienced. A change of use can therefore have implications for character even in the absence of physical works.

Accordingly, your officers have considered the proposal’s effects on the character of the Frinton and Walton Conservation Area. The Conservation Area Management Plan identifies this part of Connaught Avenue as forming a busier gateway area close to the station, with an established commercial character and significant pedestrian activity. This context supports a mix of active ground?floor uses and reflects an evolving history of retail and service?based activity.

The Management Plan also highlights the contribution of nearby key unlisted buildings at 53 and 55 Connaught Avenue, whose architectural interest enhances the street scene. As the application site is separate from these buildings and no external works are proposed, other than bin and cycle stores to the rear, the proposal would not alter their setting or diminish their contribution to the area.

Taking these factors together, the introduction of a hot food takeaway within an existing commercial frontage is not judged to erode the historic character or experience of this part of the Conservation Area. The proposal therefore preserves the character and appearance of the Conservation Area for the purposes of Section 72(1).

Updated Parking Plan:

Drawing No. 5119-F01 Revision B – Proposed Car Parking, has been received by the Council and uploaded to the application file. This updated drawing shows the parking arrangements of the site, the location of the bin store and the location of the existing access to the flats.

Amended Condition 03:

ACTION REQUIRED CYCLE/POWERED TWO-WHEELER PARKING

CONDITION: Prior to occupation, cycle and powered two-wheeler parking shall be provided to the rear of the building in accordance with the EPOA Parking Standards and in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be secure, convenient, covered and provided prior to occupation and retained at all times.

REASON: To ensure appropriate cycle / powered two-wheeler parking is provided in the interest of highway safety and encouraging sustainable transport.”

There were no speakers on this application.

There were no Member questions on this application.

It was moved by Councillor Alexander, seconded by Councillor Goldman and:-

RESOLVED that:-

1)    the Head of Planning and Building Control be authorised to grant planning permission subject to the conditions as stated at paragraph 10.2 of the Officer report (A.3), 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

2)    the sending of informative notes to the applicant as may be deemed necessary.