Agenda item

Proposal: Change of use of a car park space for the siting of a vintage food van.

The Principal Planner (Development Management) presented the application as detailed in the agenda report, and referred to the objections raised by Langport Town Council. He updated members that further letters of representation had been made since the agenda had been published, and there had now been 164 representations in support, and 34 in objection received.

He highlighted the key considerations and noted that competition was not a material planning consideration in this case.

(Due to technical issues a representative in support of the application spoke after the applicant).

The applicant addressed members and explained that she had been trading at the site for a while but with temporary permission, and she was now wishing to extend her hours. She had no intention to excessively use the proposed times of 7 to 7 every day as she had a young family. Some objectors had claimed she was not local, but she lived in Langport, and used local businesses and trades as suppliers. She highlighted that some claims made in objector comments were not correct.

A person spoke in support of the application and made a number of points including:

·        The van brings visitors to the town, especially those who at the current time may not wish to sit indoors. It's well supported by dog walkers, and prdocue is supplied by local shops and other local traders.

·        Any power supply cables are always tucked away.

·        Hours won't be excessive. The van won't be operating for all the hours, but the times would enable flexibility with family and other commitments. The van is often open when other venues are closed.

·        Some comments have been made about selling Xmas trees, but these were not being sold by this applicant but by another trader who was nearby.

·        Surprised to see how many comments have ben received from objectors miles away such as London and Shropshire.

·        Always thought Langport supported innovative businesses.

Ward member, Councillor Clare Paul, read out a statement from fellow ward member, Councillor Tiffany Osborne who was absent. The statement made reference to concerns of the town council and other points including:

·        Applicant hadn't always adhered to hours of previous licence / permission and did this potentially give them an unfair advantage.

·        Sometime takes up more than their allocated space.

·        On occasion, appears to have been selling other items outside the terms of their permission

·        Proposal goes against the green charter and ethos of the town.

Ward Member, Councillor Clare Paul, in referring to the statement she had just read out and the comments made by the public speakers, noted that members had already heard conflicting information about the space and Xmas trees. Acknowledge other traders have used the car park for trading but this has only been on an ad-hoc basis. She was fully behind food and drink concessions and wished to make it clear that she no longer owned a café in Langport and therefore had no conflict of interest.

In response to some questions from members, the Chairman permitted the applicant to reply. The applicant explained why she hadn't been trading on some days recently, and noted she was generally on site at weekends and posted on social media when she was going to be operating. She paid a property licence to SSDC for the space and also paid a licence fee to trade in food and drink.

In response to comments made and points of detail raised during discussion, the Principal Planner noted:

·        The site is within a conservation area.

·        Conditions limited use to between the hours of 7am and 7pm.

·        Unable to control what parks in the car park.

·        The history of similar uses in the car park over the last two decades included a mobile bank, mobile library and other food outlets.

·        An additional condition could be added to restrict to food use.

During further debate mixed views were expressed. Some members were happy to support the application and noted that if this proposal were refused the van could still be operational at the site, but for the existing restricted hours. Another member was against as they felt it was wrong for the area and would set a precedent.

It was proposed to approve the application, as per the officer recommendation, subject to an additional condition to restrict to food use only. On being put to the vote the proposal was carried 4 votes in favour and 2 against.

(Voting: 4 in favour, 2 against)