Plans refused for 'commercial catering unit' in Jarrow over obesity and road safety concerns

South Tyneside Council’s planning department has blocked an application to change the use of 18 Bede Burn Road in the Jarrow area.

Plans aimed to convert the building from its former dental laboratory use to a mixed use, namely a “commercial catering unit under a mixed use selling both hot and cold food and hot and cold drinks”.

In addition, plans included an “extraction flue/duct/cowl” to the rear of the premises.

The application from “Lifestyle Express Store” said the proposal would offer hot and cold sandwiches, pastries, pizzas, wedges and other hot and cold food.

It was argued the plan would create jobs and would “have no tangible impact in the locality in amenity and obesity terms” due to its “small size”, a council report said.

During a council consultation exercise on the plan however, there was one letter of support and 26 letters of objection raising a range of concerns.

This included concerns about odour and noise, reduced privacy, anti-social behaviour, parking pressures and highway safety and the “inappropriate location” for the proposal.

A statement from councillor Geraldine Kilgour, Fellgate and Hedworth ward representative, was also included in a council report raising concerns about the proposed development.

The councillor’s statement referenced residents’ concerns about the “over concentration of hot food takeaways, smells and associated harm” and the “significant barriers to access in this vicinity” in terms of highways issues.

An objection was also submitted by the council’s public health department on health grounds, citing the importance of reducing obesity under the council’s strategic priority of  “healthier people”.

The council public health team, in a statement, noted “there are lots of fast food outlets and restaurants in this ward area which makes it increasingly difficult for people to make healthier food choices”.

After considering the planning application and assessing it against planning policies, South Tyneside Council’s planning department refused it on November 14, 2024.

Council planners said the plans would be acceptable in relation to residential amenity issues, including noise, odour and extraction equipment, and raised no issues with the design of the proposals.

One main reason for refusal included the plans being “harmful to health and well-being, and related strategies to tackle unhealthy lifestyles and obesity”.

This was because the plans fell within an area (Monkton ward) where year six obesity levels, under the national child measurement programme, “significantly exceed” the 10 per cent threshold set out in a council planning guidance focused on “hot food takeaways and health”.

The second refusal reason included highway safety, with council planners stating that “providing no dedicated parking provision and servicing alongside existing parking restrictions on the highway, would result in a severe impact on the highway network”.

It was argued the plans would result in an “unacceptable increase in vehicles being parked indiscriminately and illegally on the public highway, impacting on the free flow of vehicular traffic on a carriageway within a one-way gyratory system […] and where the premises are in close proximity to a bend within the highway and junction”.

A council report also noted that there had been two traffic collisions in the area over the past five years, one of which “involved a vehicle crashing into the dental practice/development site building” and the report added the area is subject to “frequent” road safety complaints.

Council planners added the catering unit use would “generate increased customer, service vehicle and delivery service car parking compared to the previous dental laboratory use”.

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Council planning officers also acknowledged the food business plans were for a mixed use but raised concerns about the hot food takeaway proportion of the business increasing above 50 per cent and even “evolving into a use where the hot food takeaway element becomes the sole use”.

It was noted that the mixed use planning application “needed to be determined having regard to the above scenarios”.

The council decision report added: “This proposal is for a mixed use, with the potential for hot food sales to form a substantial element of the business. 

“Furthermore, if this proposal were approved a scenario could also arise where the premises could be used solely as a hot food takeaway without further planning permission having to be sought from the council.

“For the reasons set out in the assessment above, this proposed use would be contrary to policy HFT1 of SPD22, national planning policy in the national planning policy framework and associated planning practice guidance with regards to health and well-being, tackling unhealthy lifestyles and obesity. 

“The harm caused by the development and the conflict with relevant planning policies and guidance could not be overcome through the use of planning conditions.”

The applicant has the right to challenge the council refusal decision by lodging an appeal with the Secretary of State.

For more information on the planning application or council decision, visit South Tyneside Council’s planning portal website and search reference: ST/0568/24/FUL.