Draft Regulation 18 Sandwell Local Plan
(1) Management of Hot Food Takeaways
15.62 In addition to Policy SDM6, Policy SDM7 offers guidance on the requirements for the provision of hot food takeaways. Applicants wishing to provide or alter a hot food takeaway outlet should ensure they address the issues raised in the policy, which is designed to manage adverse impacts on adjacent residents and properties.
(1) Policy SDM7 - Management of Hot Food Takeaways
Measures to protect the amenity of surrounding residential occupiers
- No new hot food takeaways will be permitted where they are directly adjacent to residential property at ground floor level. This does not apply to first / second floor flats above or diagonally above a proposed hot food takeaway.
- Where there is an existing residential unit above a hot food takeaway, which is not connected with its operation, private residential amenity should not be prejudiced. Specific care will need to be given to odour extraction, noise insulation, private accessibility and public convenience. Appropriate mitigation measures will include control over hours of opening hours. Where appropriate provisions cannot be included then such uses will not be supported, even within designated centres.
Local environmental issues
- All hot food takeaways will require appropriate fume extraction equipment to be installed, retained and maintained to reduce / remove potential nuisance from odours. Extraction systems should be effective in dispersing odours from hot food takeaways, whilst satisfying the council's design policies, especially in areas of historic character.
Disposal of waste products and litter
- Appropriate fat traps / interceptors must be installed on sinks and drains to prevent fats from reaching the wastewater system, to avoid blockages and the subsequent flooding of property.
- Appropriate storage areas must be specified for food waste bins and packaging waste and be included in any new proposal.
- The bins to be provided must be a suitable size and should be stored in a location that will not cause a nuisance to neighbouring residential or commercial properties, including regarding odours and accessibility.
- Commercial bin stores must be contained within the site. Where this is not possible, secure storage structures should be provided, designed to prevent vermin infestation and reduce odours.
Management of Associated Impacts
- Proposals for new hot food takeaways will only be granted permission subject to stringent planning conditions, to address matters such as (but not limited to):
- opening hours;
- parking restrictions;
- highway safety;
- where it is considered necessary, the installation of or contributions towards monitoring technology such as CCTV.
In some cases, they may be limited to a personal permission and / or a temporary consent.
Justification
Environmental and residential amenity issues
15.63 Many hot food takeaways produce odours during opening times. The potential impact of odours will be taken into account by the Council when a hot food takeaway planning application is being determined. Some types of food preparation and cooking practices will produce more odours than others and therefore may require a higher specification and control to remove odour, grease and smoke particles.
Disposal of waste and litter
15.64 Where possible, bins and bin stores must be located where they will be
- shaded from hot summer sunshine;
- screened;
- emptied and cleaned regularly.
This will contribute toward preventing odours and flies. The bin stores should also be appropriately located to maintain clear and convenient access for refuse collection services and be accessible at all times to those working at the premises.
Additional local impacts
15.65 It should be noted that the fear of crime can be a material consideration in determining all planning applications.
15.66 Whilst most hot food takeaways will operate without problems, in some cases they can attract gatherings of people and can become a focus for anti-social behaviour, especially at night, including excessive noise, vehicle movements and litter. This will be considered when a decision is being made on such planning applications.
15.67 Where there are concerns over nuisance and anti-social behaviour in the area in which the proposal is to be located, the applicant may be asked to contribute towards or install safety and security measures, such as CCTV systems.
15.68 The provision of new hot food takeaways should not create or exacerbate road safety problems such as dangerous on-street parking or vehicle movements, or increase risks associated with pedestrians crossing busy roads to reach the business.
