Agenda item

The Committee will be requested to consider an application for planning permission, details of which are set out in the accompanying report.

The Committee considered application 15/0242 for the temporary removal of condition 8 attached to planning permission ref 89/1909 to allow the restaurant and associated takeaway to trade 24 hours per day, seven days a week.

Mr Shaw gave the Committee a brief overview of the application.  He explained that in in November 1990 planning permission had been granted following an appeal for the erection of a McDonalds Restaurant with a condition restricting the opening hours. Since then a number of extensions to the opening hours of the restaurant have been approved with the most recent being to restrict the hours of opening from 5am to 11.00pm on Sundays to Thursdays and 5am to 11.30pm on Fridays and Saturdays, with only the drive through open between 11pm and 11.30pm.

Mr Shaw explained that the applicant had stated that the application was necessary to meet customer demand and that the majority of the customers during the proposed extended hours would be from passing trade. 

Mr Shaw reported on the consultations that had been undertaken which included comments from the Head of Environmental Services indicating that they had not received any complaints although accepted that this could be attributed to the current restricted hours.  Similar comments had been received by the Police regarding incidents of anti-social behaviour.  Both the Head of Environmental Services and the Police had suggested that the application, if granted, should be on a temporary basis to assess the impact of the extended hours.  In response to these comments and the objections raised by members of the public, it was suggested that the Committee could consider allowing the extension of opening hours for a trial period of 12 months to assess the impact on the amenities of the immediate residential neighbours prior to granting full permission.  Mr Shaw highlighted that Condition 1 as detailed in the report would be removed as it would not be relevant if the application was granted on a trial basis for a period of 12 months.

Councillor L Taylor, Ward Councillor spoke, on behalf of local residents, in objection to the application.

The Committee noted the objections received by members of the public and noted that a further petition had been received reiterating the concerns raised.  It also considered the representations made by officers and Councillor L Taylor.

The Committee discussed the merits of the application and expressed concerns regarding the potential for an increase in noise and disturbance, particularly in the adjacent car park, and the impact that this would have on the amenities of neighbouring residents should the application be granted.  Further concerns raised by the Committee included the adverse impact on the environment from the extended opening hours.  Members, whilst acknowledging the applicant’s reassurances regarding litter patrols currently being undertaken, were concerned at the potential for increased litter outside the site in the early hours of the morning should the restriction on opening hours be removed.

Resolved: That the application be refused for the reasons set out in the appendix to the minutes.

Background papers: Applications, plans and replies to consultations upon the applications.