Agenda item

We considered the report of the application and late correspondence which was

recommended for approval subject to the three conditions outlined in the report.

 

Should the Planning Committee be minded to approve the application, officers recommended that an additional condition be imposed to secure details of the proposed flue to the rear of the unit to ensure amenity issues of third parties are safeguarded and retained in perpetuity.

 

Councillor A. Easson, representing Caldicot Town Council, outlined the following points:

 

·         Within a quarter of a mile there are 12 food outlets and two public houses. The Town Council had expressed concern that to add an additional outlet would not be a benefit to the town centre.

 

·         Recently, a fresh fruit and vegetable shop was opened within the town centre.

 

·         When the Covid-19 restrictions are removed, the only non-essential properties re-opening in the town centre will be two gift shops, a card shop and a charity shop.

 

·         The Town Council would like the developers to investigate ways of getting retail outlets back into the town centre.

 

·         Consultation is currently underway to enhance the whole of the town centre via major financial input.  The Town Council has concerns whether this proposal will fit in with the re-development of the town centre.

 

Mr. W. Collins, applicant’s agent, had submitted a written statement in support of the application which was read to the Planning Committee by the Head of Planning, as follows:

 

‘These representations are made by Rackham Planning on behalf of the applicant, the owner of an existing Caldicot based business, in support of the application for a change of use from A1 retail to A3 hot food take-away at 9 Newport Road, Caldicot.

 

We are pleased to note that approval of the application is supported by the case officer, Caldicot Town Team and Highways Development Control.

 

We consider this proposal would benefit the town centre by bringing a vacant unit back into use, increasing footfall throughout the day and evening, whilst also helping safeguard the future vitality of the town centre. The unit has been vacant for two and a half years and is currently having a harmful impact on the vitality of the street frontage. By being empty the unit is detracting visitors from making a journey to the town centre and offering no support to the aims and purpose of the town centre. Therefore, this proposal offers an opportunity for the unit to have a positive impact by being brought back into use. The proposed opening hours from midday to 23:30 in the evening Monday to Sunday will engage the premises with lunchtime trade and attract footfall throughout the week.

 

Whilst noting that Caldicot Town Council recommended the previous application to be approved, we understand their concern that there are already a number of take-aways in the town centre. However, town centres all around the country are in a stage of transition and with the shift to online retailing, there is simply no demand at this time for retail, as evidenced in the marketing assessment prepared by Bladen Property Consultants and the fact the premises has been empty for two and a half years. Put bluntly, there is therefore a choice between an empty unit which has a detrimental impact on the town centre or bringing the unit back into use to generate footfall and provide a service for the community.

 

Council Policy RET1 provides clear guidance that a change of use to an A3 use is permissible if it can be demonstrated that the proposed use would not harm the vitality of the street frontage, or the premises have been vacant for at least 2 years and genuine attempts at marketing the existing use have been unsuccessful.

 

Although only one of these criteria needs to be satisfied, we consider that our proposal satisfies both. The proposed use would not harm the vitality of the street frontage, indeed we consider it would improve the vitality of it by being open throughout the day and evening, and the marketing assessment confirms that the premises has been empty for two years and genuine attempts at marketing the unit have been unsuccessful.

 

We hope that you will be able to support our application made on behalf of a Caldicot based business owner this afternoon. Thank you.’

 

The local Member for Green Lane ward, also a Planning Committee Member, outlined the following points:

 

·         Town Centres must adapt to differing circumstances. 

 

·         In view of the changes that have been made, an empty shop will be occupied by a business and investment and employment will be brought to the town centre.

 

·         The local Member expressed his support for the application.

 

Having considered the report of the application and the views expressed, the following points were noted:

 

·         Concern was expressed that if approval is given to change the unit to A3 use then it will be difficult in the future to change the use back to A1 use.

 

·         Planning Policy Wales (PPW) 11 recognises the periphery of town centres and it is acknowledged that the Local Development Plan (LDP) will need to recognise that town centres are going to have to shrink to concentrate on making unit usage more attractive places.

 

·         Concern was expressed regarding the opening hours on a Sunday and that the hours should be amended so that the proposed A3 takeaway will close at 10.00pm on this day.

 

·         A Member questioned whether this was the right time to be making a decision on this unit.  The unit has been vacant for two and a half years but a year of that time has been during the Covid-19 pandemic whereby non-essential retail has had to close.

 

·         It was considered that there were too many A3 units already located within the town centre which was preventing new businesses from setting up there.

 

·         An additional A3 business will take business away from existing A3 businesses within the town centre.

 

·         In response to a question raised regarding the flue at the rear of the unit, it was noted that a condition would be added to agree full details that would include technical specifications relating to any noise or odour mitigation where Planning officers could consult with the Environmental Health Department with a view to agreeing a condition discharge application.

 

·         The property has been vacant for two and a half years.  A functioning shop would be better than having an empty shop with a view to helping towards revitalising the town centre.

 

·         We need to be more relaxed and flexible about change of purpose in order to fill empty units within our towns and to re-energise our high streets.

 

The local Member summed up by expressing his support for the application.

 

It was proposed by County Councillor A. Davies and seconded by County Councillor M. Feakins that application DM/2020/01872 be approved subject to the three conditions outlined in the report and that an additional condition be imposed to secure details of the proposed flue to the rear of the unit to ensure amenity issues of third parties are safeguarded and retained in perpetuity. Also, that a further condition be added to ensure the opening hours on a Sunday would be amended so that the proposed A3 takeaway will close at 10.00pm on this day.

 

Upon being put to the vote, the following votes were recorded:

 

In favour of the proposal     -           8

Against the proposal           -           3

Abstentions                           -           1

 

The proposition was carried.

 

We resolved that application DM/2020/01872 be approved subject to the three conditions outlined in the report and that an additional condition be imposed to secure details of the proposed flue to the rear of the unit to ensure amenity issues of third parties are safeguarded and retained in perpetuity. Also, that a further condition be added to ensure the opening hours on a Sunday would be amended so that the proposed A3 takeaway will close at 10.00pm on this day.