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Change of use

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Change of use

Postby BakersDozen » Mon Dec 04, 2017 4:24 pm

Back in 1988 a local shop selling bakery products applied for a change of use to a hot food take away and was refused twice.


1)Proposal CHANGE OF USE TO TAKE AWAY FOODS, refused 31/08/1988

2)Proposal CHANGE OF USE OF BAKERY AND OFF LICENCE TO HOT AND COLD FOOD TAKEAWAY - OPENING HOURS TO BE THE SAME AS AT PRESENT,
refused 06/01/1989

Around 2000 the premises opened as a hot food takeaway and there is no record of a change of use, was there a change of law in this period where a change of use from a bakery/off licence to a hot food take away was not required.

In 2002 the premises closed down as a hot food take away and did not reopen until 2010 again as a hot food take away. A few months after the owner applied to increase the opening hours.
Application type Removal/Variation of Condition
Proposal Variation of Condition 3 of Planning Permission 00/00379/Ful, ( Opening Hours).


The response to this application was

Description of Development:
Variation of Condition 3 of Planning Permission 00/00379/Ful, (Opening Hours).

In pursuance of their power under the above mentioned Act, ********** ************ District Council as Local Planning Authority, hereby REFUSES the variation of condition in accordance with plans ref: 001; for the reason(s) specified below:-

1 The proposed variation would be likely to result in an increase in the number of vehicles being parked on the public highway with a consequent increase in the likelihood of highway danger to road users. The application is therefore considered to be contrary to the provisions of policies H19 and T14 of the ******* ***** Local Plan.

Informative

The applicant is advised that during the determination of the above application it became apparent that no change of use application has been approved for the conversion of the former bakery unit to a takeaway. If the use is to continue an application should be submitted including a block plan clearly identifying the applicable part of the building.

So what does all this mean?

I was told by someone on the Parish Council that they did not need to apply for a change of use of the premises if they remained within the permitted opening hours of the original use but if they wanted to change the use from a bakery,take away and remain open until 2am then they require a change of use?

So who is right and who is wrong and when did the law change that a change of use is permitted if it remains within the already designated opening hours?
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Re: Change of use

Postby tph » Mon Dec 04, 2017 7:20 pm

I am not aware of any changes to the rules, however there are different interpretations. Does the takeaway offer a facility for customers to eat within the premises?
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Re: Change of use

Postby BakersDozen » Mon Dec 04, 2017 9:30 pm

No facilities inside to eat and two spaces outside to park cars outside which staff use, so the pavement then becomes the car park on a junction causing extreme problems and risks to public safety.

Highways have been notified about this and a request for bollards to be put in and this is the response they gave!

A highways inspector has now visited the site and added the following notes to the report:
Rob has looked at this, lamp columns keep vehicles off highwya land. Private land will need to be protected by land owner.

I just can't work out why one small business unit can cause so much problems in the village and the Council say they are fine to trade and a change of use is not relevant and Highways have given that response above to the vehicular issue!
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Re: Change of use

Postby dls » Tue Dec 05, 2017 7:24 pm

extreme problems and risks to public safety.


It is always difficult to keep these matters in proportion. You would not assist your case by losig it. There will be someing in what you say, but what you actually say would need real proof.
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Re: Change of use

Postby BakersDozen » Tue Dec 05, 2017 9:12 pm

dls wrote:It is always difficult to keep these matters in proportion. You would not assist your case by losig it. There will be someing in what you say, but what you actually say would need real proof.


Im more fascinated in the change of use, why two applications which were refused in the late 80s and then in 2010 it has a change of use with no application other than a few months after to increase the opening hours.

The only way this could have happened is if there was a change in the law between the late 80s and 2010 or else it would have been shut down by the local council until they applied for a change of use?
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Re: Change of use

Postby theycantdothat » Tue Dec 05, 2017 10:40 pm

The reference number of the permission referred to begins with "00" which will be the year 2000. That coincides with when the takeway use started. It looks like the planning record you consulted is incomplete.
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Re: Change of use

Postby BakersDozen » Tue Dec 05, 2017 11:20 pm

theycantdothat wrote:The reference number of the permission referred to begins with "00" which will be the year 2000. That coincides with when the takeway use started. It looks like the planning record you consulted is incomplete.


***/2010/0654 24/06/2010
25/06/2010 Variation of Condition 3 of Planning Permission 00/00379/Ful, ( Opening Hours). Planning Permission - Refused (Prior Oct 2013) 07/09/2010

There is no record of anything for the address in the years 1990 to 2010,
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Re: Change of use

Postby atticus » Wed Dec 06, 2017 6:44 am

Ask the Planning Officers about decision 00/00379.
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Re: Change of use

Postby theycantdothat » Wed Dec 06, 2017 10:26 am

Assuming no admistitrative error, if there was an application to vary p.p. 00/00379/Ful it must exist.
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Re: Change of use

Postby BakersDozen » Wed Dec 06, 2017 9:29 pm

theycantdothat wrote:Assuming no admistitrative error, if there was an application to vary p.p. 00/00379/Ful it must exist.


***/2000/0379 12/04/2000 08/05/2000 Former Petrol Filling Station, Former Petrol Filling Station, ******, ********, ******, Three detached bungalows (revised submission) Amended roof design received 15.6.00 Planning Permission - Approved (Prior Oct 2013) 13/07/2000

Its for an unrelated application to turn a former filling station into 3 bungalows on a site ten miles away, so an administrative error.


So I assume this hot food take away is operating without a change of use then due to an administration error?
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