Fast Food Planning Permission

[trevorha1]

I own a long lease on flat above an empty shop. When I moved in, the shop was a solicitor's office (use A2). Now the owner of the building wants to change its designation to A5, so that the empty shop can be used as a restaurant. He also wants to build a ventilation system.

A restaurant would decrease the value of my property, put up insurance costs, be dangerous, detrimental to my health and my kids health...and it would also be very noisy, dirty and smelly!

I want to object to this change of use (many of the neighbours object too). What sort of chance would he have of pushing this through and is there any special approach I should take? I have a concise, bullet pointed list of issues, but how should I present this to the council. I have 21 days to object.

Any help gratefully received.

Thank You

[trevorha1]

Thank you once again Bushbaby.

Once last question - what does "going to committee" mean / entail?

[bushbaby_de]

Sorry trevor, assumed you knew. I'll try to keep this brief....

Planning applications are, in theory at least, the responsibility of a committee of councillors chosen by the Council to decide planning matters. However they usually make up a list of application types or conditions that mean officers can deal with the applications (a scheme of delegations and usually covers house extensions, small scale new housing, shop advert setc) with a list of reserved items that are always determined by the committee (often bigger housing schemes, green belt sites etc). Councillors then usually have some other conditions that might make an application go to commitee (eg more than a certain number of objections) and they also reserve the right to bring any other application to committee for any reason they choose (known as a 'call in').

The exact procedure varies from council to council, but basically a 'delegated' item is dealt with by officers behind closed doors. A case officer will make a recommendation and a planning manager makes the final decision and sends out the formal notice. Only written comments are taken into account. Anything heard by the committee will go to a public meeting where, usually, a case officer explains the basic facts of the case, the applicant speaks in support of their application and any objectors can speak to explain their concerns, then the councillors can ask any of them questions. The Councillors then have a public debate about the merits of the proposal and make their decision at the meeting.

There are obviously pros and cons to both procedures but it is common for anything with a lot of objections to go to the committee because the case has had a very public airing and everyone knows the ins and outs of why the decision was made.

Hope that made sense?

[trevorha1]

Thanks Bushbaby - looks like I have a heavy time ahead.

@docspock, I own the flat. When I bought it, the premises was an estate agent. Now they want to change the use to fast food, There is a difference...noise, pollution, fire risk, value etc.

[slinkycat]

Don't have any further advice to add Trevor, just my sympathies as we were/are in a similar situation.
We live next door to a shop which applied for an A5, the local council were supportive to the objections as there are already two takeaway establishments within yards of the shop,
They duly turned down the planning application.
It went to appeal, some chap came up from London (don't ask me which body he represented!) took a look and gave the go-ahead!
Just saying, don't celebrate too soon if the application gets turned down!

[trevorha1]

Thank you slinkycat. That's just awful. Awful. My sympathies.

[slinkycat]

Worst thing is Trevor, once an appeal has been won, the objector cannot counter-appeal, thats that, we can't do anything about it!
Good luck with yours though, hope it turns out ok for you

[bushbaby_de]

do keep us updated with how you get on - good luck :)