Change of Use from A1 to A5 (Hot Food Takeaway)

Appeal against Wrexham County Borough Council’s decision to refuse an application for change of use from shop to hot food takeaway and erection of associated flue.

Appeal Ref: APP/H6955/A/12/2169121

Wrexham County Borough Council refused the application for the following reasons:-

i. The development will have a detrimental impact upon the amenity of occupiers of a nearby property/nearby properties by way of cooking odour and noise and therefore conflicts with policy GDP 1 (F) of the Wrexham Unitary Plan.

ii. Due to the inadequate provision of off street parking the development will cause parking problems in the locality leading to congestion and /or highway safety problems.  The development therefore conflicts with policy/policies GDP1 (d) and T8 of the Wrexham Unitary Development Plan.

The client contacted Planning Appeals Ltd / The Planning Group Ltd for advice as to whether an appeal was the way forward. Planning Associate Dave Richards advised the client and we were duly appointed.

The appeal statement submitted was robust and concluded:-

“In conclusion it is considered that the surrounding road network and parking provision is more than adequate to cope with potential traffic generated by this use and the appellant is intending to undertake deliveries to customers, the operation will only be between 4.00pm and 10pm and the first floor accommodation will only be occupied by somebody employed in the business and provision of a suitable flue and odour control equipment will be provided accordingly

This is an opportunity to bring the shop back into a viable use having been empty for two years and should be considered a worthwhile project which subject to compliance with conditions will not result in any demonstrable harm to the amenities of any individual or the amenity of the area generally.”

With reference to refusal reason I, we requested the inspector to condition the flue design and specification as this matter can be dealt with by way of an application to discharge the condition once the change of use was established.

The Inspector agreed and summed up by saying:-

“I am wholly unconvinced by the Council’s case against the scheme on these grounds. I have previously mentioned the parking area directly opposite the appeal site; in addition, there is no restriction on parking along the broad highway of West View itself. The assertion that the appeal proposal would be likely, in conjunction with existing commercial activities, “to lead to parking and congestion problems in the locality” is both vague and unsubstantiated”.

“I have decided that the appeal should be allowed. No conditions have been suggested to me by the Council, but those I have imposed reflect the comments I have made about the hours of opening and the way in which cooking smells and fumes should be handled”.

Our client was extremely pleased with the outcome and instructed The Planning Group Ltd to prepare fit out drawings, flue and signage details and submit the planning applications to the LPA for approval, all matters have now been resolved and our client will opening for business soon.