Agenda item

Change of use from Class E(a) to Mixed Use for restaurant and takeaway (Class E(b) and Sui Generis); addition of HVAC plant, provision of vehicular access from Northway accommodating motorcycle and cycle parking with associated works at 94 – 102 High Street, Rickmansworth.

Recommendation: that planning permission be granted.

The application was for change of use from Class E(a) to mixed use for restaurant and takeaway (Class E(b) and Sui Generis); addition of HVAC plant, provision of vehicular access from Northway accommodating motorcycle and cycle parking with associated works at 94 – 102 High Street, Rickmansworth.

The Planning Officer provided updates as follows:

·         Eight additional comments had been received since the publication of the officer’s report.  All of the issues raised were already considered in the report.

·         Condition 11 relating to courier delivery hours had been amended to align with the closing hours for the premises as set out in Condition 10.  The amendment restricted courier deliveries to between 8am to 11pm Monday to Saturday (inclusive) and 8am to 10pm on Sundays and Bank Holidays.  Paragraph 9.3.36 of the report had not factored in the suggested reduced store opening hours when considering courier delivery hours and therefore should include reference to the reduced store hours on Sundays and Bank Holidays.

·         An informative relating to the restoration of the historic plaque on the principal elevation is missing and should be added in the event that planning permission is granted.

·         The application had previously come before the Committee in December 2024 and had been deferred at that meeting to allow for the provision of additional information.  The requested information was included, and issues addressed, within the officer’s report.

Parish Councillor Diana Barber of Batchworth Community Council spoke on the application.

A local resident spoke against the application.

The agent spoke in favour of the application.

Committee Members asked questions about the detail of the application which were responded to by officers.  The Committee’s discussions included the following:

·         All refuse generated by the store would be kept inside the building until it is collected by McDonald’s private waste contractor.  This included refuse which was collected during the regular litter pickings.  There were two mixed recycling bins and 12 standard bins on the High Street.  Refuse which was disposed of by customers off premises in the standard bins would not be recycled; however, the provision of additional recycling bins on the High Street was a matter for the Council rather than the applicant.

·         There was no on-street parking at the site, and so contractors would be obliged to park off site during the construction phase, likely using public car parking facilities.  A Construction Method Statement had been conditioned which would require details to be provided.

·         The proposal would involve bringing back into use a premises which occupies a prominent space in the High Street and which was currently empty.  By attracting customers to the High Street it may also bring benefits to other businesses.

·         Some Committee Members expressed concern for the amenity of local residents, particularly in relation to noise disturbance arising from courier deliveries continuing until 11pm on Mondays to Saturdays (inclusive).  The Planning Officer outlined the data which had been included in the applicant’s Transport Assessment to assess the noise impact on nearby residents when compared against the ambient noise level on the High Street.  The Planning Officer confirmed that the Environmental Health Officer had not raised any objection to the proposal to continue courier collections until 11pm, and mitigation to 10pm on Sundays and Bank Holidays was considered sufficient.  However, it was open to Members to propose amendment to the hours of operation if considered necessary to make the application acceptable on planning grounds.

·         The behaviour of third-party couriers outside the site premises would not be within the applicant’s direct control, although there were mechanisms which could be used to address any identified issues with the third-party provider.  Drivers were incentivised to arrive and depart from the site quickly as they were paid per delivery, and the proposal had been designed with specific consideration towards courier delivery.  The turnaround time for couriers was expected to be very short.  At the request of Committee Members, officers undertook to review the wording of Condition 6(a) to assess whether there was scope to require any additional information in relation to the management of courier behaviour, with revised wording to be circulated to the Committee after the meeting as required.

·         Delivery and waste collection vehicles would be expected to use the loading bay directly in front of the application site.

Councillor Nelmes moved, and Councillor Lloyd seconded, approval of the application subject to conditions and (i) amendment to Condition 11 to require that any courier pick-up in association with a takeaway delivery shall only be carried out between 08:00 to 22:30 Monday to Saturday (inclusive) and 08:00 to 22:00 on Sundays and Bank Holidays; (ii) addition of an informative regarding restoration of the historic plaque; and (iii) amendment to the wording of Condition 6(a) in relation to the management of courier behaviour.  On being put to the vote this was agreed, the voting being 10 in favour, 1 against, 0 abstentions.

RESOLVED: that planning permission be granted subject to conditions and (i) amendment to Condition 11 to require that any courier pick-up in association with a takeaway delivery shall only be carried out between 08:00 to 22:30 Monday to Saturday (inclusive) and 08:00 to 22:00 on Sundays and Bank Holidays; (ii) addition of an informative regarding restoration of the historic plaque; and (iii) amendment to the wording of Condition 6(a) in relation to the management of courier behaviour.