Agenda item

The Planning Team Leader:

a.    described the application site at 238 Nettleham Road, Lincoln formerly Pizza Hut restaurant (now closed) located on land to the south-east of Nettleham Road, included within the Nettleham Road District Centre as designated by the Central Lincolnshire Local Plan, having existing housing served by Browning Drive to the south-west and residential apartments to the south accessed from Nettleham Road

b.    advised that planning permission was sought for the change of use from existing restaurant (Class E) to drive-thru restaurant (Mixed Use Class E and Sui Generis) with external modifications to the building to include provision of a drive-thru lane, a minor reconfiguration of the car park, a new condenser compound and associated hard and soft landscaping improvement works

c.    provided details of the policies pertaining to the application, as follows:

·         Policy LP1: A Presumption in Favour of Sustainable Development

·         Policy LP13: Accessibility and Transport

·         Policy LP26: Design and Amenity

·         Policy LP34: Lincoln’s District and Local Shopping Centre

·         National Planning Policy Framework      

d.    advised members of the main issues to be considered as part of the application to assess the proposal with regard to:

·         Policy Context and Principle

·         Effect on Visual Amenity

·         Impact on Residential Amenity and Neighbouring Uses

·         Access, Parking and Highways

e.    outlined the responses made to the consultation exercise

f.     referred to the Update Sheet which contained further representations received in respect of the proposed development

g.    concluded that :

·         The principle of the use on this site was considered to be acceptable and the application had demonstrated that it had met the policy requirements.

·         The design of the development was acceptable, complementing the architectural style of the local surroundings.

·         It was not considered that the amenities of neighbouring residential properties or neighbouring uses would be unduly harmed by the proposal.

·         Technical matters relating to highways had been appropriately considered by the relevant statutory consultee and could be dealt with as necessary by condition.

·         The proposal would therefore be in accordance with the requirements of Central Lincolnshire Local Plan Policies LP1, LP34, LP13 and LP26 as well as guidance within the National Planning Policy Framework.

Members discussed the content of the report in further detail. The following comments/questions emerged:

·         Lincolnshire Police had no objections to the proposals, although they did mention a document of reference within their response.

·         What did the condition covering the restriction on hours of operation at the premises involve?

·         It was noted that the Update Sheet contained a further representation received with photographs attached which all showed a long queue waiting to access KFC at various times of the day at the business operating on the adjacent site next to the application site.

·         Although the Highways Authority had raised no issues to the planning application, there were road marking issues. The entrance to the site was very narrow for two vehicles. There was meant to be a left turn only out of the premises which was not being adhered to. Improved road markings were needed.

·         The lighting at the premises was in need of an upgrade.

·         There had been complaints regarding rats in the area. Refuse disposal would require sympathetic consideration.

·         Reference within the officer’s report was made to a recommendation by the Highways Authority to make improvements to the entry to the proposed development including widening of the access. Was this designed to promote the safe manoeuvrability of vehicles on access and egress to the drive-through?

Simon Cousins, Planning Team Leader offered the following points of clarification to members:

·         Hours of operation would be conditioned the same as the current opening hours of the KFC drive-through next door with a closing time off 11.00pm for the drive-through and 12 midnight closure of the business. Waste disposal and delivery hours would also operate the same as that of KFC.

·         He was uncertain what document Lincolnshire Police had referred to within their representation although it was likely to be similar to a proper persons test which was a legal matter and not within the remit of Planning Committee.

·         The Highways Authority had requested that the access to the drive-through premises be widened to ease access/egress which was also supported by the Planning Authority.

·         Additional lighting requirements would be investigated by Pollution Control Officers which would produce a more efficient lighting system.

·         In respect of any structural alterations required to the building, a structural engineer had been employed by the applicant to deal with this.

RESOLVED that planning permission be granted subject to the following conditions:

• 3 Year time limit of the permission
• Development in accordance with approved plans
• Details of vehicular access
• Details of external plant
• Implementation of acoustic barrier
• Details of any extraction/filtration systems
• Assessment of off-site impact of lighting
• Restriction on opening hours
• Restriction on hours for commercial deliveries
• Restriction on hours for waste collections
• Hours of construction