Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Site visit made on 8 February 2022 By C Dillon BA (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 7th March 2022 Appeal Ref: APP/M4510/W/21/3289041 Former Barclays Bank, 5-6 Belmont Cottages, Westerhope, Newcastle upon Tyne NE5 5HP • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Anthony Lang against the decision of Newcastle Upon Tyne City Council. • The application Ref 2021/1403/01/DET, dated 5 July 2021, was refused by notice dated 30 November 2021. • The development proposed is described as change of use from bank (A2 now Class E) to café/restaurant (A3 now Class E) and hot food takeaway (sui generis), with installation of new flue/duct systems from two new kitchen canopies to extract upwards above existing two-storey, flat-roofed extension through two high velocity cowls. Decision 1. The appeal is dismissed. Application for costs 2. An application for costs against the Council was made by the appellant. This application is the subject of a separate Decision. Main Issue 3.

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision The main issue is the effect of the appeal proposal on the living conditions of local residents, with particular regard to noise, disturbance and odour. Reason 4. The appeal site comprises a two storey former bank with basement and associated small forecourt parking area and rear yard. The appeal building’s scale, design and appearance reflect the blend of other properties in this mixed use area. It is located mid-way within a row of terraced dwellings which front onto a main route, close to bus stops. To the side it is bound by a gated vehicular access lane which intersects the terrace. This serves the rear yards of Belmont Cottages and associated detached gardens beyond. Being situated on the other side of this lane a dwelling, No 4 Belmont Cottages, falls in close proximity to the appeal site. To the other side, the appeal site directly adjoins another dwelling, No 7 Belmont Cottages. 5. The appeal property has two entrance ways and a substantial internal floorspace. However, no end user has been identified and the proposed internal layout details do not show the proportion and intensity of each component of the proposed mixed use.

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Moreover, this particular appeal proposal seeks to https://www.gov.uk/planning-inspectorate

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Moreover, this particular appeal proposal seeks to https://www.gov.uk/planning-inspectorate

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3289041 enable an unconstrained and therefore uncertain level of takeaway transactions. 6. The location of the appeal site will draw visitors on foot as well as by public transport and motor vehicle. Furthermore, the uses proposed will extend business into the late evening every day of the week. Even if numbers of visitors do not vary significantly from the former banking use, the timing of customer and delivery movements will be likely to be more concentrated within periods when people tend to eat. This will include the evening period when background noise will be less and nearby residents more sensitive to disturbance from car doors, engines, headlights and voices. 7. The appellant has submitted sound attenuation details in respect to the party wall which could safeguard the living conditions of occupants of adjoining No 7 from noise generated internal to the appeal premises. However, it has not been demonstrated that either of the proposed kitchen operations and any necessary chiller equipment or other plant and equipment would not cause undue external noise and disturbance to local residents, particularly given the proximity to the windows and yard of adjoining No 7. 8.

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Seeking to reduce the potential for all of this noise and disturbance through the imposition of a condition restricting opening hours is not reasonable in this instance given the reliance of the proposed uses upon evening trade and the existence of another relevant regulatory regime. 9. The appellant has claimed a fallback position that the appeal site can operate with unrestricted hours as a restaurant with an ancillary element of takeaway transactions given the recent changes to the Town and Country Planning Use Classes Order 1987 as amended (“the UCO”). There is nothing before me to indicate that there is not a real prospect that this could occur. Nonetheless, the UCO draws a distinction between takeaway and restaurant uses as they do not fall within the same Use Class. There are clear operational differences between these 2 uses in terms of the numbers and frequency of visitors and the duration of their visits. In comparison to a restaurant use, in view of the proximity to large residential areas and existing bus stops there will be a greater propensity for takeaway customers to loiter and generate noise and litter as food is taken off the premises.

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Each use has the potential to have a different noise character and intensity to the other. 10. The extent of the identified harm that will arise will be dependent on the scale of each use proposed. In this instance, even a small increase in visitors collecting or delivering takeaways as opposed to consuming food on the premises within the scope of a Class E restaurant use will cause greater harm to existing living conditions. This is because of the very close proximity of the appeal premises and associated car parking to habitable rooms of existing residential properties, particularly Nos 4 and 7. The submitted evidence does not demonstrate that there would be no material increase in external noise and disturbance for local residents. Neither does the submitted evidence substantiate that the Council has exaggerated their assessment. 11. I conclude that this appeal proposal is materially different to the appellant’s fallback position, and it will be more harmful to the existing living conditions of local residents. Therefore, I give very limited weight to the appellant’s argument in this regard. https://www.gov.uk/planning-inspectorate 2

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3289041 12. In terms of the potential for odours to arise, the appellant has provided details of suppression measures. However, despite being discreetly positioned, the 2 proposed external flues would be close to the rear windows and private external yards and garden areas of the dwellings forming Belmont Cottages. Crucially, the success of these measures would be dependent on the types of food prepared by the end user, who is currently unknown. The details provided do not adequately demonstrate that all of the relevant site specific considerations to secure an effective scheme have been fully taken into account. Neither does the submitted evidence substantiate that the Council has exaggerated their assessment. 13. Consequently, there is insufficient certainty that the odour emissions could be satisfactorily mitigated both technically and visually for occupiers of neighbouring residential properties who may wish to open their windows and use their outdoor areas. The imposition of a planning condition would not address this uncertainty and so would not be an appropriate course of action in this instance. 14.

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision No substantive evidence has been provided to verify the effects that relaxation on the operation of food and drink uses during the Covid-19 pandemic has had on the living conditions of residents. Therefore, this argument attracts no weight in favour of the appeal proposal. 15. For all of these reasons, I conclude that the appeal proposal would cause serious harm to the living conditions of local residents, with particular regard to noise, disturbance and odour. 16. Policy CS14 of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne 2010-2030 (“the Core Strategy”) seeks to prevent negative impacts on residential amenity. Policy DM23 of the Newcastle upon Tyne Development and Allocations Plan 2015 – 2030 (“the DAP”) seeks a high quality environment and a good standard of residential amenity. Development that has an unacceptable adverse impact on residential amenity will not be allowed. It also requires that proposals ensure that noise and disturbance will not have an unacceptable adverse impact on residential amenity. 17. For the reasons given, the nature and severity of the harm identified presents conflict with both of these policies and the development plan as a whole. Other Matters 18.

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision No substantive evidence has been provided to demonstrate whether or not the occupation by other uses is feasible. However, the wider scope of uses proposed may assist in securing the occupancy of a vacant unit and create a small number of jobs. These are regeneration and economic benefits which because of their small scale carry limited weight. 19. The appellant has sought to demonstrate that the appeal proposal accords with other relevant development plan policies which the Council does not dispute. However, this does not reduce or justify the harm and conflict with the development plan that I have found. The fact that the Council has not relied on their supplementary planning guidance to justify their decision does not alter my findings. https://www.gov.uk/planning-inspectorate 3

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — Appeal Decision Appeal Decision APP/M4510/W/21/3289041 Conclusion 20. I have found serious harm to the living conditions of local residents. As a consequence, the appeal proposal conflicts with the development plan taken as a whole. There are no material considerations before me which outweigh this conflict. I therefore conclude that the appeal should be dismissed.

Former Barclays Bank (double unit), 5-6 Belmont Cottages off Stamfordham Road (alongside), Westerhope, NEWCASTLE UPON TYNE, NE5 5HP — Newcastle Upon Tyne City Council — C Dillon INSPECTOR https://www.gov.uk/planning-inspectorate 4