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Agenda item
6 Queens Arcade, Queens Avenue (HS/FA/22/00106)
(P Howson, Principal Planning Officer)
Minutes:
Proposal
Change of use of Unit 6 from shop (Class E) to hot food takeaway (Sui Generis). Install small kitchen (two woks) on ground floor with ordering counter adjoining. Extraction and fresh air make-up ductwork connected to the top of the canopy and exit the building via the first floor and flat roof. Repainting shop front.
Application No
HS/FA/22/00106
Conservation Area
Yes – Hastings Town Centre
Listed Building
No
Public Consultation
Yes – Petition of objection and 41 objections received
490 in support
The Principal Planning Officer presented. Since the report was published two additional letters of support have been received. The Officer’s presentation showed the site location on a map, entrances to Queens Arcade, the proposed plan and the duct work on the roof of the application site. Pictures were shown from windows of the Hastings Stage Studio into Queens Arcade and across the roof top. A picture of the traditional shop front was shown which will remain unaltered other than new signage and repainting. It was explained that the extracted air will expel towards the cinema wall which is approx. 15m from the second floor opening of the Hasting Stage Studio. The report sets out that there would be minimal visual impact upon neighbouring occupiers and any impact from the odours would be mitigated by a high-end extraction system. Impact on highways would also be minimal.
The petitioner, Mr. John Pohlhammer addressed the committee on behalf of the Hastings Stage School. He explained that they have been in Queens Arcade since 1998. He questioned if there should be a change of use from a shop to a takeaway in a Victorian building. The building has a history of fires and there would be an increased risk of fire with a kitchen in the centre of the Victorian arcade. The fresh air for students and teachers using the Hastings Stage School is very important. The main studio windows open onto the flat roof where the extractor will be which was shown in the slides. This was their only source of fresh air. Expensive costumes are stored in Hastings Stage School and will be ruined by the cooking smells. The previous restaurant outside Priory Meadow had extremely strong smells and could be smelt within the main shopping centre. A further concern is the increased vehicular traffic. There is already a lot of traffic which another food establishment will add to.
Councillors asked the petitioner what hours the studio operates. The petitioner answered that Saturdays start at 08:45 and Sundays at 10:00. Weekdays can start at 14:00 for private lessons.
The applicant, Mr Nathapon Wongtreenatrkoon addressed the committee in support of the application. After the previous Thai takeaway closed during covid he spoke with the head chief regarding started a new business. The applicant explained a lot of money will be invested into a state of the art extractor fan. The air will go through three filters before it is extracted and the sound from the extractor will be minimal. The KFC extractor is closer to the dance school than the proposed extractor will be. Regarding the fire risk there is already a kitchen in the arcade in the chocolates shop. There is support from the other shops in the arcade and there has been nearly 500 messages of support for the application.
Councillors asked what time the takeaway will shut. The applicant explained the last order will be 16:30 as the arcade shuts at 17:00.
Councillors asked the Principal Planning Officer regarding the extractor fan from KFC. It was explained there are many extractor fans that back onto York Gardens from establishments with deep fat friers. The application is for a less intense form of cooking kitchen with two woks.
Councillors asked the Principal Planning Officer regarding the traffic impact in the town centre. The officer explained there are no current plans for there to be a delivery service and there are already many places in the town centre who do deliveries. The officer explained there is a condition recommended to control deliveries should a delivery service be required in future.
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Councillors debated.
Councillor Beaver proposed approval of the recommendation, seconded by Councillor Roark.
RESOLVED (Unanimously)
Grant Full Planning Permission subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2. The development hereby permitted shall be carried out in accordance with the following approved plans:
Site Location Plan
TV514-1B - Kitchen Extract Ventilation System
TV514-2 Existing Plans
Proposed Shop Interior Design
Existing/Proposed Shop Front image
Standard Discard Cells - Product Data Sheet
FP Pleated G4 Panel Filter - Product Data Sheet
Reliance P85 Synthetic Bag Filter - Product Data Sheet
Extract Fan - Product specification details (Nicotra Gebhardt)
Fresh Air Fan - Product specification details (Nicotra Gebhardt)
Fan box acoustic lining - Product specification details (Wilhams Insulation Group)
Extract Silencer specification data
3. The premises shall not be used except between the following hours:-
09:00 to 17:00 Monday to Sunday and Bank Holidays.
Any proposed changes to the above opening times shall be submitted to and approved in writing by the Local Planning Authority.
4. Prior to the first operation of the use hereby permitted, the approved extraction system shall be installed and fully operational. It shall thereafter be operated and retained in accordance with the approved details, and maintained and serviced in accordance with the manufacturers specification.
5. Prior to the commencement of any delivery service from the premises, the operational details and a management plan shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the delivery service shall be operated and managed in accordance with the approved details.
6. Prior to the first operation of the use hereby permitted, a plan outlining the measures to reduce litter generated from the use hereby permitted, shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, the litter prevention measures shall be implemented at all times in accordance with the approved details.
Reasons:
1.
This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.
2.
For the avoidance of doubt and in the interests of proper planning.
3.
To safeguard the amenity of adjoining and future residents.
4.
In the interests of the amenity of the neighbouring occupiers.
5.
In the interests of the amenity of the neighbouring occupiers.
6.
In the interests of the amenity of the neighbouring occupiers.
Notes to the Applicant
1.
Failure to comply with any condition imposed on this decision may result in enforcement action without further warning.
2.
Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraph 38 of the National Planning Policy Framework.
3.
Prior to occupation, the Food Business Operator will be required to register the food establishment with the Local Council 28 days prior to opening. The registration form can be found online at http://www.hastings.gov.uk/environmentalhealth/food_safety/businesses/foodpacks/caterers/
4.
The applicant is strongly advised to contact the Environmental Health Team before services, fixtures and fittings etc. are installed for advice on satisfying the requirements of Health and Safety Law.
5.
Trade waste that is produced at this establishment would need to be collected by a registered and licensed trade waste carrier, and the collections would need to be frequent enough to prevent the waste from becoming a detriment to the surrounding area. The bins would need to be locked and kept in good condition and stored safely at all times.
Supporting documents:
- MAP_HS_FA_22_00106 6 Queens Arcade, Queens Avenue, item 366. PDF 442 KB
- HS-FA-22-00106 6 Queens Arcade, Queens Avenue, item 366. PDF 139 KB
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