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A planning application has been submitted to Cheshire West and Chester Council to convert the former Crumbs sandwich shop in Queen's Park View into a café and takeaway.
Meanwhile, on Friday 11 June, High Court judge Mr Justice Cranston ruled that Tower Hamlets Council, in London, "acted unlawfully" in allowing planning permission for a fast food takeaway near a school and that the proximity of a local secondary school is a material planning consideration.
Update 26 June 2010: Proposed opening hours are 12 noon - 11pm.
Update 1 July 2010: The application has been withdrawn.
The application submitted by Tarmaster Jones Architects, on behalf of Mr Ahmer Karagandere, does not make clear the type of food to be sold in the proposed outlet nor its intended hours of operation.
Some local residents have told us that the application is linked to "Flames" steak, kebab and pizza bar in Chester Street, Saltney, but we have been unable to confirm this.
However, the High Court ruling is very clear in its implications and sets an important precedent. The judge ruled that Tower Hamlets Council planning officers were wrong in their direction to planning board members that the being near to a local secondary school was not a factor in determining the planning application.
The school concerned had objected to the proposal on the grounds of their healthy eating policy, stating "takeaway shops quite cynically open up specifically to make a profit from selling cheap junk food to vulnerable teenagers".
After the ruling, leader of Tower Hamlets Conservative group, Councillor Peter Golds said "This is a very important High Court decision. It clarifies the law and sets a benchmark that will enable local authorities everywhere to take account of health and well-being - particularly of schoolchildren - as factors in determining planning applications".
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Flames in Chester Street, Saltney
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This shop is located almost opposite one of the entrances to Queen's Park High School. The school states in its "Catering for Education" policy that meals are produced "with the emphasis on healthy nutritious choices". The school's catering policy is available on its website
Many councils around the country are considering planning controls restricting the number of takeway outlets in an area and Waltham Forest Council, in London, has already implemented an outright ban on takeaways near schools. Many other local authorities are expected to follow suit.
The shop, at 14 Queen's Park View, was previously occupied by bakery and delicatessen Crumbs of Handbridge, who owned both this and the neighbouring shop at number 16, but reduced to just one shop due to declining business particularly from the contraction of financial services locally.
The shop is currently being offered for let, through Mason Owen, by means of a full repairing and insuring lease for an annual rent of £6,750 with business rates of just over £2,000. You can view the agent's particulars here.
The planning application documentation states "We are not aware of any rights of way or restrictions that will affect the proposals" and contains the following misleading statement: "The site is forms part of a terrace on Queens Park View in Handbridge where the buildings have a mixture of uses such as shops, public houses, and cafés and takeaway’s. The front and rear of the property is finished in brick with a traditional shop front under a slate roof."
- There are no public houses in the Terrace. The nearest one is the Carlton, a purpose built standalone building across the road, from the 1920s.
- There are no cafes in that terrace, the nearest ones are in Handbridge and open during normal shop hours.
- Wing Wah chip shop and Chinese takeaway does not form part of that terrace.
- There are only 3 shops in the terrace, the remainder of the terrace consists of residential properties including houses, and the flats about the shops.
- The surrounding area is predominantly residential.
The supporting information also states that "As far as we are aware there are no planning histories to the site that will effect this planning application." Our enquiries show:
- Crumbs of Handbridge were granted planning permission, in August 2009, to open 16 Queens Park View in the evenings as a hot food outlet subject to a number of conditions but have not done so, on a regular basis, so far. (Ref: 09/11116/FUL)
- In August 2005, a previous application to convert number 16 into a fast food outlet was withdrawn by the applicant before determination. (Ref: 05/01089/COU)
- Several local residents have advised us that an application, several years earlier, to open a kebab house in one of the shops was turned down by planners.
The architects make clear that "This document has been prepared in line with the policies outlined in Planning Policy Wales 2002/MIPPS 2008 and addresses in particular the technical advice under TAN 12 document relating to design" and as part of "a mandatory requirement from the Welsh Assembly Government from 1st June 2009".
Planning law in Wales is a devolved power of the Welsh Assembly Government and differs from the law which applies in England in some aspects. Therefore we would recommend that you read the application details with that factor in mind.
We canvassed the opinions of local residents near the site and, while opinions are divided, the majority are opposed to the plan. Other residents said they see it as a good thing for Handbridge in providing an additional outlet and attracting business.
Residents opposed to the plan expressed their concerns as:
- There is already some youth nuisance and anti social behaviour in that area in the evenings, particularly near the off licence.
- The possible nature of the proposed takeaway/café is likely to attract further youth nuisance the area, as it is next door to the off licence.
- The intended hours of opening are not made clear.
- Litter control.
- Cooking fumes in a residential area.
The planning application reference is 10/11519/FUL and the case file is available for viewing and comment online. Click here to view. The closing date for comments is 6 July 2010.
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