Agenda item

This report and accompanying guidance note (Appendix A), addresses the link between obesity and planning in Medway and specifically regarding hot food takeaways. The guidance proposes a restriction on the hours of operation of hot food takeaways within 400m of schools and other measures to control numbers and location. Following consultation, the intention is to implement a final guidance note that can form a material consideration in the determination of planning applications for hot food takeaways. 

Discussion:

The Committee received a report and accompanying guidance note which addressed the link between obesity and planning in Medway and specifically regarding hot food takeaways. The guidance proposed a restriction on the hours of operation of hot food takeaways with 400 metres of schools and other measures to control numbers and location. Following the consultation process agreed by Cabinet on 11 March 1014, the intention was to implement a guidance note that could form material consideration in the determination of planning applications for hot food takeaways. The consultation would run from 20 March 2014 to 2 May 2014.

The Chairman reminded Councillors that the Committee was being asked to comment on the consultation, which had been approved by Cabinet and had not been “called-in” and that any comments and views would be forwarded to Cabinet for consideration. He requested that the consultation response report be submitted to the Committee before being sent to Cabinet for decision.

Members made the following comments:

One Councillor expressed strong opposition to the planning guidance note mainly in terms of the proposals being an attack on jobs, an attack on businesses, an attack on the local economy and an attack on an individual’s freedom to choose. There was concern that there was public health officials and politicians out there who wish to restrict an individual’s ability to make clear, rational choices for themselves. It was of concern that the Council was saying ‘we do not trust you to make the right choice, so we are going to take that choice away’.

A Councillor, who was the governor at a number of schools, noted that the idea for this policy had come from the Health & Wellbeing Board and consultation on the proposal had been agreed by Cabinet. Obesity among adults and children was clearly an issue therefore the evidence would enable the Planning Committee to address the density of fast food outlets. A balanced mix of thriving community businesses was needed by Medway. It was felt that the consultation would allow the Council to make informed and appropriate decisions.

A Councillor who was a member of the Health Inequalities Task Group stated that the Council had a legal obligation under Section 12 of the Health and Social Care Act 2012 to take appropriate steps to improve health in the area. Life expectancy in the Medway was below the national average and this gap must be addressed. This measure was not expected to have a huge impact in the short term but was part of a wider programme of measures and would raisie awareness of the healthy lifestyle message to residents.

It was noted that the Planning Committee was aware how difficult it was to refuse permission for applications involving hot food takeaways as there was no policy reason to refuse. This policy would allow the Committee more scope to refuse applications for new outlets. The 23 local authorities mentioned in the report would have all consulted and all similar policies had been agreed.

The Vice-Chairman stated that the policy was undergoing public consultation and at the very least this would make people talk and think and may change a few people’s attitudes.

Page 37 of the report and the Medway’s deprived areas were referred to. It was noted how much cheap food lacked nutrition and health considerations must be included in planning policies. Cheap food also impaired children’s concentration and caused mess and litter in communitiies. It was noted that there had been no challenges against the local authorities who had introduced this policy.

It was noted that the proposed guidance was only part of a series of measures. Introduction of the policy would send an important message and had been widely supported bythe Health & Wellbeing Board.  The consultation was to be welcomed and it was suggested that the following consultees be included:

Black and Minority Ethnic (BME) Community Services
Medway Ethnic Minority Forum (MEMF)
Schools including education professionals, governing bodies and school councils
Medway Youth Parliament
Public Health England
Federation of Small Businesses
The Medway Clinical Commissioning Group
The student population of universities and colleges in the area

Decision:

a)         The Committee note the report;

b)         The Committee be provided with information showing the number of schools in Medway, how many have hot food takeaways within 400m and how many have none;

c)         The following list of consultees be included in the consultation:

            Black and Minority Ethnic (BME) Community Serviices not just through the Medway Ethnic Minority Forum (MEMF)
Schools including education professionals, governing bodies and school councils
Medway Youth Parliament
Public Health England
Federation of Small Businesses
The appropriate Clinical Commissioning Groups
The student population of universities and colleges in the area

d)         The report on the results of the consultation on the Hot Food Takeaways: Planning Guidance be submitted for consideration by the Business Support Overview & Scrutiny Committee on 3 July 2014 before its submission to Cabinet for consideration; and

e)         A weblink of the full text of Councillor Irvine’s contribution to the debate be sent to Committee and attending officers.