Agenda item

Change of use from shop (Class A1) with residential accommodation above to a mixed use comprising a shop (Class A1) and a separate hot food takeaway (Class A5) on ground floor with a first floor bedsit (Class C3) with independent access from station Road.  Construction of a first floor rear extension.  Retrospective permission to remove and repair the chimneys and replace the roof tiles with materials to match the previous roof tiles.

1 – 3 Station Road  Kirton  Boston  PE20 1EE

Mr Halil Erol

Change of use from shop (Class A1) with residential accommodation above to a mixed use comprising a shop (Class A1) and a separate hot food takeaway (Class A5) on ground floor with a first foor bedsit (Class C3) tied to the business and a separate two bed flat (Class C3) with independent access from Station Road. Construction of a first floor rear extension. Retrospective permission to remove and repair the chimneys and replace the roof tiles with materials to match the previous roof tiles

1-3, Station Road, Kirton, Boston, PE20 1EE

Mr Halil Erol

Prior to commencement of the presentation Councillor David Brown advised he had met the owner of the neighbouring property Harvey House but purely to undertake a fact finding tour and made no comment in respect of the application.

The Interim Development Manager presented the report and confirmed that the application had been tabled to committee due to the high level of public interest and the level of objections received.   At the time of issuing the report 8 letters of objection had been received along with a 50 signature petition and Parish Council objection.   A further letter of objection had been received within the last 48 hours from 28 London Road which had not raised any further material planning issues and an email had been received on the morning of this meeting, from 49 Horseshoe Lane which expressed concern about the loss of the chimneys and suggested that replacement of the chimney stacks and pots be done prior to any further work being carried out.

Referencing the conditions on page 77 committee were asked to note that the Interim Development Manager intended to amend condition 5 slight to ensure replacement of the roof tiles, chimneys and pots. 

The condition would read ‘prior to commencement of the A use, the three chimney stacks and pots as identified on the existing and proposed plans and the roofing tiles shall be replaced using the same materials as the chimneys and tiles removed.

Representation was received in objection to this item by Mr P Watson which included:

Mr Watson confirmed that whilst he was a member of Kirton Parish Council he was addressing the committee representing himself and not Kirton Parish Council.  

Confirming he had initially had reservations in respect of the application and had submitted one of the letters of objection, Mr Watson advised that his main concern had been the chimneys and he confirmed he was pleased to hear that the extra condition had been included, to ensure the chimneys would be replaced:  referencing the new roof Mr Watson stressed he felt it did not fit in with the conservation area.

Confirming that the extra condition had addressed 90% of his issues,  members’ were advised that he still had concerns about the correct exhaust process for the cooking facilities in the new shop.  Stating that as a resident walking through the village he noticed that there was already a reasonably strong aroma due to the number of existing takeaways, which was detrimental the conservation area.  One further concern was the loss of light and privacy for Harvey House.  

It is recorded that at this part in the proceedings Councillor Brian Rush sought advice from the Monitoring Officer due to his own business being opposite the application site.  Councillor Rush subsequently declared that he would absent from the meeting as he was conflicted due to the location of his own business.

It was moved by Councillor Claire Rylott and seconded by Councillor James Edwards that the application by granted in line with officer recommendation,  subject to the reasons and conditions therein and subject to the amendment to condition 5 to address the requirement for Chimneys and Roof Tiles to be sympathetic to the surrounding area.

Vote:    In Favour:   10.        Against:    0.      Abstentions:    0.

RESOLVED:     That the committee grant the application in line with officer recommendation subject to the following conditions and reasons:

1.            The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 

Reason:            Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2.            The development hereby permitted shall be carried out in accordance with the following approved plans:

§   Location Plan (1/3)

§   Proposed Floor Plans and elevations (3/3)

§   The Specification & Defra Report by purified air filtration experts created by Don Miles and dated 30^th January 2018

And the email dated 22^nd February 2018 submitted by planning agent Darren Timms on behalf of the applicant

            Reason:            To ensure the development is undertaken in accordance with the approved details and to accord with Adopted Local Plan Policy G1.

3.         The take-away premises hereby approved shall only be open to the public between the hours of 11am – 11.00pm daily.

Reason:            In the interests of the amenity of nearby residents and to accord with Adopted Local Plan Policy G1.

4.            The occupation of the bed-sit at No.1-3 Station Road, Kirton identified in the submitted plans shall be limited to a person solely or mainly employed in the take-away business at ground floor hereby approved.

Reason:            The business is expected to create a level of disturbance beyond that which could be considered reasonable by an occupant of the dwelling if not associated with it and to accord with Adopted Local Plan Policy G1.

5.            Prior to the commencement of the A5 use, the three chimney stacks and   

          pots as identified on the existing and proposed plans and the roofing

          tiles shall be replaced using the same materials as the chimneys and

          the tiles removed.

           Reason: In the interests of the character of the Conservation Area and to 

           accord with Adopted Local Plan Policy G1.

It is recorded that the following Councillors absented from the meeting at this point in the proceedings and took no part in the following planning application:  David Brown, Sue Ransome and Michael Cooper.

With both the Chairman and Vice Chairman absented from the meeting committee elected an interim Chairman to facilitate the following item and Councillor Claire Rylott was duly elected as Interim Chairman.