supplementary planning document - hot food takeaways

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  • Local Development Framework Core Strategy

    Publication Version May 2009

    Local Development Framework

    Supplementary Planning Document Hot Food Takeaways Adopted June 2011

  • Urban Regeneration & Housing

    Development Plans Town Hall, Victoria Square

    St H l M id WA10 1HP

  • Contents

    2Introduction1

    4Status2

    5Planning Policy Framework3

    7Purpose and Scope4

    9The Guidance595.1 SPD Implementation Point 1 Schools, Health and Town Centres115.2 SPD Implementation Point 2 Highway Safety125.3 SPD Implementation Point 3 Protection of Residential Amenity125.4 SPD Implementation Point 4 Hours of Operation135.5 SPD Implementation Point 5 Odours and Cooking Smells145.6 SPD Implementation Point 6 Disposal of Waste Products155.7 SPD Implementation Point 7 Litter155.8 SPD Implementation Point 8 Crime and Anti-Social Behaviour

    17Monitoring, Implementation and Review6176.1 Monitoring176.2 Implementation

    Appendices18Appendix 1: Hot Food Takeaway Exclusion Zones

    38References

    39Adoption Statement

    St.Helens

    Supplementary Planning Document - Hot Food Takeaways

  • 1 Introduction1.0.1 This SPD is a material consideration in the determination of planning applications. It isintended to clarify existing policies rather than duplicate other planning documents. It should beread in conjunction with the Councils saved Unitary Development Plan (1998) policies and theemerging Local Development Framework to gain an understanding of the priorities, aims andobjectives of the Borough.

    1.0.2 This SPD explains the Councils Overall approach to hot food takeaway development, andsets out considerations related to:

    Proximity to Schools and Health Impact

    Over-concentration and clustering

    Highway Safety

    Protection of Residential Amenity

    Hours of Operation

    Odours and Cooking Smells

    Disposal of Waste Products

    Litter

    Crime and Anti-Social Behaviour

    Visual Impact of Extraction Equipment

    New Shop Front SPD/ Design Issues

    1.0.3 A distinction was made between a shop (Class A1), a restaurant and cafe (Class A3) anda hot food takeaway (Class A4) when the Town and Country Planning (Use Classes Order) wasamended in 2005.

    1.0.4 Establishments whose primary business is for the sale of hot food for consumption off thepremises fall within this A5 class. The proposed layouts of such premises provide a clear guideas to whether the use will fall into the A3 or the A5 Use Class. In determining the dominant use ofthe premises consideration will be given to:

    The proportion of space designated for hot food preparation and other servicing in relation todesignated customer circulation space; and/or

    The number of tables and chairs to be provided for customer use

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    Supplementary Planning Document - Hot Food Takeaways

  • 1.0.5 The Council will expect the applicant to demonstrate that the proposed use will be theprimary business activity. For clarity the table below provides examples, distinguishing betweenshop types that would either fall within this Class or not. This list is not exhaustive.

    Examples of Shop Types not within UseClass A5

    Examples of Use Class A5 shop types

    Restaurants/Cafes/BistrosChicken Shops

    Public HousesFish and Chip Shops

    Wine BarsPizza Shops

    Night ClubsChinese, Indian or other takeaway Shops

    Sandwich BarKebab Shops

    1.0.6 Anyone intending to submit an application for a Hot Food Takeaway is encouraged to readthis SPD and contact the Councils Planning Department for further advice and information.

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    Supplementary Planning Document - Hot Food Takeaways

  • 2 Status2.0.1 This guidance has been put together in accordance with the framework provided in theGovernments Planning Policy Statement 12: Local Spatial Planning (2008). The StatutoryDevelopment Plan is the starting point when determining planning applications for the developmentor use of land. The Development Plan consists of the St Helens Development Plan Documentsand the saved Unitary Development Plan policies.

    2.0.2 This SPD provides further detail on the implementation of existing UDP and subsequentDPD policy that applicants must follow to ensure they meet policy requirements.

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    Supplementary Planning Document - Hot Food Takeaways

  • 3 Planning Policy Framework3.0.1 National Planning Policy recognises the role which planning takes in better enabling peopleto live healthier lifestyles. Planning Policy Statement 1 (PPS 1, 2005) states that developmentplans should aim to reduce inequalities and deliver safe and healthy places to live.

    3.0.2 Planning Policy Statement 4 Planning for Sustainable Economic Growth states that theGovernments overarching objective is sustainable economic growth by promoting the vitality andviability of town and other centres as important places for communities. To do this the Governmentwants new economic growth and development of town centre uses to be focused in town centres,with the aim of offering a wide range of services to communities in an attractive and safeenvironment and remedying deficiencies in provision in areas with poor access to facilities.

    3.0.3 Unitary Development Policy RET 4 Hot Food Shops, Restaurants and Cafes states thatthe building or change of use of establishments for hot food takeaways will only be permitted wherethere is no loss of residential amenity to nearby occupants including flats above the premises; noloss of amenity due to smells and odours; ventilation is acceptable; on-site provision is made forlitter; opening hours are consistent with the maintenance of local amenity and there are no highwaysafety issues or traffic hazards created by the use.

    3.0.4 Unitary Development Policy E 2 defines the prime shopping area of Earlestown TownCentre in Market Street, Bridge Street and Oxford Street where the Council will not normally allowthose non-retail uses, which are considered inappropriate to prime shopping streets.

    3.0.5 Unitary Development Policy TC 2(a) defines the prime shopping area of St.Helens TownCentre in Church Street, Ormskirk Street, Bridge Street and Market Street where the Council willnot normally allow those non-retail uses which are considered inappropriate to prime shoppingstreets or raise the overall proportion of non-retail uses to a level which could undermine the retailfunction of the prime shopping area.

    3.0.6 Unitary Development Policy TC 2(b) states that in remaining parts of the central shoppingarea as defined on the map, applications for non-retail use at ground floor will be assessed againstthe following criteria:

    Need for passing tradeExtent of window display; andImpact on the character of existing properties

    3.0.7 Unitary Development Policy TC 3 states within business areas, as defined on the map,general retailing will not normally be allowed. An exception may be made where:

    The retailing is ancillary to the non-retail useThe retail use is of a small scale and specialist natureThe retail use will not give rise to servicing problems

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    Supplementary Planning Document - Hot Food Takeaways

  • 3.0.8 At the local level, the Active St.Helens Strategy1 in partnership with the National HealthService for Halton and St.Helens, first published in 2006, has been revised at a time when attentionis focused, at both national and local levels, on healthy living and on ways in which we can supportindividuals to make positive health choices. One of the key objectives is to improve the quality ofthe built and natural environment.

    3.0.9 Locally, all the key indicators show that there is an urgent need to improve health in theBorough and health improvement is a key priority for the Council, the Primary Care Trust and allour partner organisations. The Health Inequalities Plan2, published in 2009, set out the measuresthat we are taking to address these serious problems.

    3.0.10 This SPD should be read in conjunction with the adopted Shopfront SPD and the Designand Crime SPD

    3.0.11 This SPD is part of a broader strategy to tackle health issues in St.Helens. Improving thehealth of the Borough is a cross-cutting policy incorporated into a number of objectives in St.HelensLDF.

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    Supplementary Planning Document - Hot Food Takeaways

  • 4 Purpose and Scope4.0.1 Obesity is one of the biggest health challenges facing the UK. Currently 1 in 4 adults areobese3 . There is a clear link between increased body fat (obesity) and risk of medical conditionsincluding Type 2 diabetes, cancer, heart and liver disease4.The Government estimates the annualcost of overweight and obese individuals to the NHS to be 4.2 billion, a figure that is predicted tomore than double by 20505 .

    4.0.2 Englands obesity epidemic has attracted considerable policy attention in recent years6.The GovernmentsWhite Paper,Choosing Health: Making Healthier Choices Easierwas publishedin November 2004 and set out a wide-ranging plan to improve the nations health. The Papercalled for the NHS, local authorities, schools and workplaces to deliver joined up action to makehealthier lifestyles easier to attain7.

    4.0.3 Published in October 2007, the Foresight report Tackling Obesities: Future Choices8 ledto the Improvement and Development Agency (IdeA) commissioning Sheffield Hallam Universityto analyse the implications of the report for local government9. Both identified the importance ofthe built environment and the ability that planning has to improve access to healthier lifestyles

    4.0.4 In addition the Government publishedHealthyWeight, Healthy Lives: A Cross GovernmentStrategy for England, launched the Change4Life strategy in January 2009 and in March 2009pu