Hot food shops, cafes, restaurants and public houses have been common features in the City for many years, but the food and drink industry has undergone great changes in the last 10 years. Eating out has now become a regular part of everyday life and the food and drink industry has responded rapidly to demand, whether for burger bars, coffee shops, take-aways or restaurants. Many parts of the City now have a range of eating places, which makes them both more enjoyable for residents and more attractive to visitors.

These changes are occurring at the same time as major changes in the nature of work, where the clear division between the bustle of the traditional working day and the relative quiet of the evening hours is much reduced. Many people work shifts or at the weekend and shops are routinely open in the evenings and on Sundays, and 24-hour opening is becoming more common. All this means that City streets are busy to a much later hour, not only in the City Centre but also in commercial areas across the City. In this context, the Council has to strike a balance between the encouragement of uses that make the City more vibrant and the need to preserve a reasonable level of amenity for adjoining occupiers, particularly neighbouring residents.

This policy deals with all planning applications for hot food shops, cafes, restaurants and public houses, whether changes of use or new build, including hybrid or composite uses incorporating significant elements of Class 1 retailing or Class 2 services with one or more of the foregoing uses. This policy will also be used when dealing with applications to amend planning conditions on cooking equipment, opening hours etc.

This policy deals primarily with issues of amenity arising from the nature of food and drink developments; as such it is distinct from, but should be read in conjunction with, policy SC 8: Non-Retail Uses in Shopping Centres (Excluding the City Centre), that is primarily concerned with the function of centres. (See also policy CC/SC 3: Food and Drink Uses in the City Centre).

Because of the definitional and technical complexity of the matters involved, detailed explanation and justification is set out more fully in the City Plan Technical Note: Infrastructure - Shopping and Commercial Developments including:

(This clarifies the criteria which the Council will use in differentiating one such use from another).

Applicants will have to meet both the Locational Policies and the Technical Policies for a planning application to be considered favourably.

LOCATIONAL POLICIES 

(a) Public Houses

(i) Planning permission will not be granted for new public houses within existing residential tenements. Similarly, permission will not be granted for extensions to existing public house premises that increase the floorspace for public use, extend into backcourt areas or extend under a saloon backcourt.

 

(ii) Permission will only be granted for the erection of a new public house, or for the conversion of a free standing building to a public house within a residential area, provided it will not detract from the existing residential amenity.

 

(iii) Situations will arise where buildings, not currently in residential use, are proposed for conversion to mixed uses, that may include residential, office, restaurant, retail or public house use. These applications will be treated on their individual merits. The Council will require to be persuaded that there will be no detrimental effect on the amenity of any residential units from noise emanating from the inside of the public house.

 

(b) Hot Food Shops and Public Houses

Except where there is evidence that:

 

1. Despite marketing, there are persistent long term vacancies, of over 18 months duration, among other ground floor shop units in the street block; and

 

2. The proposal would not lead to an intensification of existing problems of late night noise and disturbance in the immediate vicinity, which would be significantly detrimental to the amenity of neighbouring residents.

 

(ii) When the number of ground floor commercial units in a street block is less than five, none of which are in use for a hot food shop or public house, a proposal for a change of use to a hot food shop or public house would not be assessed against the 20% criterion above.

 

(iii) A new-build infill development on an established street frontage that includes a hot food shop or public house would be expected to meet the terms of policy (b)(i) above.

 

(iv) New-build proposals, on a separate street block, not forming part of an established street frontage and that include a hot food shop or public house would not be required to meet the terms of the policy (b)(i) above.

 

(c) Rear Lanes

In considering applications for public houses, hot food shops, cafes and restaurants, planning permission will not be granted where the use would result in a significant adverse effect on the amenity of adjacent residents through the effects of noise, disturbance and/or odours.

TECHNICAL POLICIES 

(a) Treatment and Disposal of Cooking Odours/Fumes

(i) All applications for planning permission for a food and drink use will only be considered favourably if suitable arrangements for the dispersal of cooking/heating fumes can be provided, to the complete satisfaction of the Council.

 

(ii) Externally mounted flues can rise to over 12 metres on the rear wall of tenements and are prominent features, particularly as they have usually been made of shiny metal. This is no longer considered appropriate. Conditions will be attached to all permissions for an external flue to ensure that the flue is suitably coloured to minimise its visual impact.

 

(iii) If a flue attached to an operational food and drink use becomes inoperative, the amenity of adjacent residents/businesses will be adversely affected, as the cooking smells will no longer be adequately dispersed. In these situations, the Council will use all enforcement powers open to it, up to and including Stop Notices, under planning legislation, and Statutory Notices, under environmental health legislation, to stop the continuation of the nuisance.

 

Microwave Ovens

 

If cooking/heating is to be solely by the use of microwave ovens (see Definition), then generally no ventilation flue will be required, although planning conditions will be attached to any planning permission limiting the cubic capacity and numbers of the microwave ovens. This limit will vary according to the premises.

 

Internal and External Flues

 

The title deeds of a tenemental property or other building may require that the agreement of other owners be obtained before a new internal or external flue can be installed. Any grant of planning permission does not remove that obligation, which would be a separate legal matter.

 

Prior to the installation of any system for the dispersal of cooking fumes, a certificate from a member of the Heating and Ventilating Contractor’s Association, or other suitably qualified person, shall be submitted confirming that the proposed system will satisfy the design and performance requirements of the Planning Authority.

 

Prior to the commencement of use of the premises, the applicant shall, following the testing of the installation, submit certification from a member of the Heating and Ventilating Contractor’s Association, or other suitably qualified person, confirming that the installation meets its design specification.

(b) Parking and Servicing Requirements

If the Council considers that the parking of customers’ cars or servicing vehicles will result in serious parking and/or traffic congestion, then planning permission may be refused.

(c) Hours of Operation

For the policy in relation to the opening hours of premises in Cresswell Lane, Dowanside Lane, Great George Lane and Ruthven Lane, refer to 1(c) Rear Lanes.

(i) Permission will usually be granted for closing hours in the following bands, depending on local circumstances:

 

Sunday to Thursday - between 2300 hours and 2400 hours

 

Friday and Saturday - between 2300 hours and 0100 hours

 

(ii) Permission will not normally be granted for opening hours beyond 0100 hours. Where it can be shown that the street has a higher than usual night time noise level due to traffic and pedestrian flows in the early hours of the morning and other late night/early morning uses in the immediate proximity of the site, an extension beyond 0100 hours may be considered.

 

MICROWAVE OVENS 

For the purposes of this policy, microwave ovens are taken to mean those ovens where the sole method of cooking or heating is by means of microwave and does not include combination ovens with additional features such as an integral grill, etc.