Development Control Casebook: Food and Drink Uses - Takeaway held compatible with amenity

The change of use of a newsagent's in a predominantly residential area of Lancashire to a fish and chip shop has won approval despite claims that it would undermine residents' amenity and increase antisocial behaviour.

The council claimed that the use would harm residents' amenity through increased litter, general activity, noise and odours. The police authority highlighted the fact that the site lay within a hot spot where antisocial and inconsiderate behaviour was rife and feared that the presence of a takeaway would exacerbate these effects.

The inspector held that the police authority's concern was not founded on clear-cut evidence. In his view, the information provided fell far short of establishing that the change of use would give rise to higher levels of antisocial behaviour. Provision for litter could be secured by condition and cooking smells could be limited by an appropriate extraction system, he decided. The appeal was allowed subject to a limit on opening hours.

DCS Number 100-069-645

Inspector Chris Frost; Written representations

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