News: Birmingham City Council seeks to limit number of fast food outlets
- Date: 09/12/2011
- Source: Poppleston Allen
- Author/Solicitor: Nick Landells
Birmingham City Council is the latest Local Planning Authority to publish a development plan document seeking to limit the number of fast food outlets (Use Class A5) allowed in local shopping areas.
The Council is currently consulting on its Shopping & Local Centres Supplementary Planning Document (SPD) which proposes maximum levels for non-retail units and fast food outlets within its town, district and neighbourhood centres. The proposed restrictions are sought to maintain the main shopping function of these centres' prime shopping areas by encouraging retail uses. The Council accepts that some non-retail uses are acceptable in these locations providing there is an 'appropriate balance' between retail and non-retail uses.
The SPD sets out maximum levels for non-retail units and fast food outlets within these centres, beyond which planning approval for new premises would not be granted.
In larger shopping centres at least 55% of ground floor units would be required to retain a retail use, reduced to 50% in smaller centres. In addition, the draft SPD sets a limit of no more than 10% of units in any area should be fast food outlets. Fortunately the Council recognises the tourism role of areas like the Balti Triangle and say exceptions to the proposed policies may be permitted in such places.
In considering applications for new A3 (restaurants) and A4 (pubs/bars) uses in these centres, the draft SPD says it will take account of the type and characteristics of other units in the immediate proximity. The Council, however, recognises the contribution restaurants and pubs/bars contribute to the attractiveness of Birmingham as a visitor destination.
The proposed restrictions on fast food units is one of a suite of measures being developed by the Council for tackling poor health and obesity.
The general trend is that more Councils are imposing restrictions on fast food takeaways. For example, Waltham Forest has a similar SPD which says it will not grant planning permission for new takeaways if they are 400 metres or less from a school, youth facility or a park. Its policy is aimed at limiting the opportunities that young people have to eat fast food, with the intention of reducing childhood obesity.
Contact Poppleston Allen to see whether a Council has restrictive policies on A3, A4 or A5 uses and how it can help secure your planning permission for any necessary change of use.
For more information please contact Nick Landells
