Hartlepool takeaway faces enforcement action after councillors reject retrospective planning application

Mr Pathmathan Kandasamythurai put in an application to convert a shop in Raby Road in Hartlepool into a hot food takeaway earlier this year.

The application was for retrospective change-of-use permission, as the takeaway was already up and running.

But councillors on Hartlepool Borough Council’s planning committee agreed with planning officers’ recommendation that the application be rejected, noting takeaways go against promoting healthy eating and plans to improve Hartlepool’s above average obesity levels.

Coun Carl Richardson, who represents the area on the council, said: “I’m surprised there hasn’t been any objections.

“The other thing was not only has this been operating sometimes as late as half past 11, 12 o’clock at night but also in regards to parking on the grass area, cars have gone onto that grass area, it is a great disturbance to the people.

“It is in a residential area which is against the planning laws that we’ve enforced.”

He also questioned why the site had been operating for ‘well over a year’ without planning permission, leading to the retrospective application.

Council planning team leader Daniel James said the proposals were received by the planning team in March this year and during the application process concerns were raised regarding its operation.

He said: “Concerns were raised that it was operating and our licensing and public protection teams I understand contacted the applicant in regards to some of the ongoing issues.”

The local authority can now issue an enforcement notice requiring changes to be made to convert the site to its previous appearance and use.

Mr James said: “The site is not within an allocated local centre identified within the local plan and therefore there is a presumption against hot food takeaways uses in this location, in order to protect the vitality and viability of local centres, and protect residential amenity.

“The change of use is considered to undermine efforts to encourage healthy eating in the interest of public health, in an area with higher than average childhood obesity.”

No one from the takeaway attended the meeting.