Agenda item

The report outlines the process and results of the consultation carried out on the draft proposal for a planning guidance note on Hot Food Takeaways in Medway.  

Discussion:

The Chairman welcomed Therese Finn, Planning Policy Officer to the meeting, thanked her for all her hard work on this project and, on behalf of the Committee, wished her well for the future as this was her penultimate day with the Council.

The Committee was advised that the report presented the results of the consultation on the Hot Food Takeaways in Medway Guidance Note and set out who had been consulted, the stakeholders involved in the Consultation, how the consultation was carried out and how it was publicised. The Young Inspectors had gained a very good response to the consultation and had carried out a great deal of work. It was noted that one in ten children in Medway were obese by their first year in school and this was above the national average. By Year 6, 32% of children were obese which was comparable to South East and national statistics. The Committee was also advised that 36% of respondents to the consultation stated they eat takeaway food once a week and 8% eat from hot food takeaways on a daily basis. Over 50% of the respondents agreed that hot food takeaways should have restricted opening hours at school lunchtimes and 51% were supportive of the Council creating a healthy environment. The Committee was reminded that Cabinet would be considering the results of the consultation process at its meeting on 15 July 2014.

Members then raised a number of points and questions including:

·                    The Committee considered the impressive high response to the consultation as a result of the work of the Young Inspectors and thanked them for their efforts.

·                    With reference to recent press coverage of this initiative Members emphasised that the proposed guidance should not be considered in isolation, as it was part of an integrated package of public health interventions. It was noted that whilst the impact of the guidance would only affect future applications for new takeaways it sent a clear message of Medway’s commitment to promoting improved health. It was also hoped the new guidance would have an impact in reducing the number of take away applications approved on appeal as the Council would now be able to demonstrate a clear policy position on the matter.

·                    The Committee discussed the clustering of takeaways in many high streets across Medway. Members requested a briefing note on “Saved” Policy R18 and the extent to which this has been used previously to minimise the clustering or proliferation and operating hours of takeaways as it appeared to Members this had been a missed opportunity. The view was expressed that application of “Saved” Policy R18 may have more immediate impact in reducing clustering and controlling operating hours than the proposed new guidance note.

·                    In response to a question about the proposed meeting with the Federation of Small Business (FSB), Councillors were advised that whilst a date for the meeting had been set, unfortunately no members of the Federation of Small Businesses had been available to attend. However the FSB had been encouraged to widely disseminate information about the consultation exercise among its members using social media.

·                    Discussion took place on the difference between A3 and A5 use classes and the complications arising where restaurants and cafes with A3 use class extend their business to offer takeaway food. Members asked for further clarification on this. Reference was made to shop units owned by the Council and whether or not the Council could decide they should not be designated A5 use class with Landlords being encouraged to opt for alternatives to A5 use class where these were commercially beneficial.

·                    Clarification was requested on paragraph 4.11 of the report which referred to a restriction of takeaway operating hours during school lunch times and for a period after school for secondary schools. It was clarified that the draft guidance note proposed a restriction on both primary and secondary schools during school lunchtimes and for a period after school. Following officer’s consideration of the responses to the consultation, it is intended that restrictions on the hours of operation will be imposed on new hot food takeaways located within 400 metres of primary and secondary schools for a period after school. New hot food takeaways located within 400 metres of a secondary school will also have their hours restricted during school lunchtimes. This information was included in the report that would be considered by Cabinet on 15 July 2014. The Committee considered that this was new information and requested a short adjournment. The Chairman adjourned the meeting between 6.50pm – 6.58pm, following which Members were advised by the Monitoring Officer that the proposed differentiation between secondary schools and primary schools in relation to a restriction in operating hours for takeaways could properly be recommended to Cabinet by officers. The consultation exercise had covered the issue of variable operating hours and the recommended approach was in response to the feedback from consultation.

·                    The potential for the licensing and planning processes to contradict each other in relation to decisions on takeaways was raised. It was noted that these were two separate regulatory regimes and licensing would only be relevant if a takeaway wished to also sell alcohol.

·                    It was suggested there should be no minimum floor space requirement for new takeaways for the purposes of developer contributions under Section 106 agreements.

At the end of the debate Councillor Irvine formally requested that his opposition to the proposed planning guidance be placed on record.

Decisions:

(a)       The Committee noted the responses received on the consultation on the draft Hot Food Takeaway guidance note.

(b)       The Committee passed on their appreciation to the Young Inspectors for all their hard work in relation to the consultation on this guidance note.

(c)               The Committee supported the introduction of the guidance note as part of an integrated package of health interventions.

(d)               The Committee supported the restriction of opening times for new hot food takeaways within 400m of schools and noted that it was intended that new takeaways near secondary schools would be restricted at lunchtimes and for the period after school and new takeaways near primary schools would be restricted from opening in the period after school.

(e)               A briefing note to be sent to the Committee on “Saved” Policy R18 and the extent to which this has been used previously to minimise the clustering and operating hours of takeaways and the scope for it to be invoked more proactively in the future.

(f)                 A briefing note be sent to the Committee clarifying the position on A3 and A5 use classes, the potential for further work to restrict the number of premises being designated with A5 use class with particular reference to shops owned by the Council and the Council’s response to restaurants and cafes with A3 use class which subsequently expand to offer takeaway food.

(g)               The Committee wished Therese Finn – Policy Planning Officer good wishes for the future.

(h)        The Committee asked for an investigation into the possibility of there being no minimum square metre requirement for developer contributions under Section 106 agreements for all new takeaway premises designated with A5 Use Class.