Draft Regulation 18 Sandwell Local Plan

Hot Food Takeaways

15.44 Hot food takeaways are common within retail centres. They complement the retail function of a centre, contributing to its vitality and viability and ensuring a mix of day and evening uses. However, an over-concentration of hot food takeaway uses can also undermine the role and function of retail centres. It is also recognised that hot food takeaways have a greater potential than other retail uses to have a detrimental impact on residential amenity, environmental quality, and the health of the local population.

15.45 The government have set out a plan to halve childhood obesity by 2030^[215] and have noted that planning authorities can restrict numbers of hot food takeaways around schools and areas where there is already an over-concentration^[216].

Justification

15.46 The Council has pledged to improve its population's health and wellbeing and to reduce health inequalities. One of the challenges the Council faces in promoting healthy eating is the unrestricted availability of foods high in fat, salt and sugar in local neighbourhoods, often associated with hot food takeaways. Controls over the prevalence of hot food takeaways are set out in this and the following policy, which will be used within retail centres and beyond to limit the availability of such foods in specific circumstances, whilst still permitting personal choice.

15.47 The council strongly encourages hot food takeaway operators to adopt healthy eating measures. Such measures may include:

• demonstrating a commitment to reducing the levels of saturated fat, salt and sugar in the food sold in their premises, and to make smaller portions available on request;
• offering healthy alternatives on the menu;
• making small changes to the way they cook and serve food.

Obesity

15.48 The Joint Strategic Needs Assessment (JSNA) for Sandwell identifies that the general health of people in Sandwell is improving, but not as fast as the England average^[217]. However, the Office for Health Improvement and Disparities has identified that the prevalence of Year 6 children being overweight is worsening, with Sandwell having the highest number within the West Midlands region, according to 2021-22 data^[218].

15.49 Sandwell has higher levels of obesity than the national average, both amongst children and adults^[219]. Reducing the levels of obesity in Sandwell will be a big step towards achieving the Council's 2030 ambition of Sandwell being a 'place where we live healthy lives and live them for longer'.

15.50 In 2021 - 22, 14.9% of Reception-aged children in Sandwell were obese, compared to an average of 10.1% for England. This rose to 34% of Year 6 children in Sandwell, compared to 23.4% nationally. Over-18s also fared badly, with 34.3% of all adults in Sandwell being overweight or obese, compared to 25.9% in England^[220].

15.51 Obesity contributes to the onset of many diseases and premature mortality and is the sixth most important risk factor contributing to the overall burden of disease worldwide. Moderate obesity (BMI 30-35 kg/m²) can reduce life expectancy by an average of three years, while morbid obesity (BMI 40-50 kg/m²) reduces life expectancy by eight to ten years. This eight to ten-year loss of life is equivalent to the effects of lifelong smoking^[221].

15.52 Significant health problems related to obesity start to develop at primary school age and behaviours established in early life have been shown to track into adulthood^[222]. This hot food takeaway policy relates to schools covering the age range for secondary schools and academies but not to primary schools, where children cannot leave the premises without adult supervision.

Relationship to sensitive uses

15.53 Research has indicated that children attending schools near fast food outlets are more likely to be obese than those whose schools are more inaccessible to such outlets; therefore, new hot food takeaway units should not be located where they would increase the exposure of school children / young adults to these opportunities^[223].

15.54 This approach will not be applied in local, district or strategic centres where they overlap the 400m buffer zone. In these areas percentage policies will take precedence.

15.55 On average, there are more fast food outlets in deprived areas than in more affluent areas, and research shows a strong correlation between hot food takeaways per 100,000 population and levels of deprivation.

Town and local centres

15.56 Hot food takeaways are classed as additional retail uses, as they are compatible with town centre locations. Hot food takeaways will be discouraged outside defined centres, as they often attract considerable customer numbers and are associated with issues such as litter, waste disposal, noise, odour and additional traffic movements. For these reasons, they will normally only be supported in areas where residential amenity is less likely to be an issue.

15.57 Limitations on hot food takeaway units exists to ensure the vitality and viability of Sandwell's centres and parades are maintained. This policy is designed to manage the over-concentrations of these types of outlets to a point where they will not affect the viability of centres to deliver services to members of the public. In doing so, this will also help to address some of the related health and social impacts associated with over-consumption of fast food.

15.58 It is recognised that hot food takeaway establishments provide convenience as part of a wider food offer, particularly in town centres. However, compared to other retail uses, they are more likely to have a detrimental impact on amenity and on the retail character and function of shopping centres. Such harmful impacts tend to reduce town centre viability and increase the incidence of litter, smells, anti-social behaviour, noise and general disturbance, parking and traffic problems.

15.59 In recent years several retail units in the borough have been converted into hot food takeaway establishments. Even with the introduction of planning guidance on hot food takeaways, implemented in 2012 and amended in 2016 that imposed a limit on the number of hot food takeaway units permitted within a retail centre, there has still been a net increase of 29 hot food takeaway units within the borough between 2015 and 2022. In seven out of 38 centres in Sandwell, there has been a reduction in the number of hot food takeaway units, but only of one unit in each. Of these seven centres, all but one are already in breach of the threshold or will be in breach should another hot food takeaway receive consent^[224].

Vacant Hot Food Takeaway Units

15.60 Vacant lawful hot food takeaway uses will be included as part of the relevant hot food takeaway threshold calculation. The policy will reduce the possibility of an excessive number of hot food takeaways being operational in a centre and thereby exceeding the identified thresholds. It will also encourage the re-use of vacant hot food takeaway premises in the immediate area, which may in turn help prevent long-term vacancies and offer a degree of viability and vitality to the immediate area.

Clustering of Uses

15.61 The clustering of hot food takeaway outlets can create areas in centres that are effectively dominated by one use. These types of outlets are only open and active in the evening and often shuttered during the day, leading to dead frontages. By reducing the clustering of these types of outlets, the variety of different types of shop fronts in an area will increase. This in turn will therefore improve the appearance and vitality of the centre.