Removal of takeaway policy hard to swallow

New hot food takeaways will be able to operate close to schools in Rotherham after a proposed Council policy was chucked out by the planning inspector.

Rotherham Council has been consulting on the Sites and Policies document within its Local Plan which sets out the detailed sites and development management policies to deliver growth over the next 15 years.

Policy SP 25 would only allow hot food takeaways in town, district and local centres if it didn’t result in more than 10% of the ground floor units becoming takeaways; result in a high concentration of these A5 classed units on the same street; or negatively impact upon the amenity of surrounding businesses or residents.

Read on…


One thought on “Removal of takeaway policy hard to swallow

  1. Whilst not being able to ignore or contest the Planning Inspector without the huge expense of a judicial review there is a possible solution to obstruct the building or opening of fast food premises near to schools.
    Use existing laws and ‘delay’ decision making. For example: The General Food Law Regulation (EC) 178/2002. The Food Safety Act 1990 (as amended). The Food Safety and Hygiene (England) Regulations 2013.
    Risk assessment-(

    The easiest solution is to propose an exclusion zone of 400m for fast food shops near schools.
    Case law supports this;
    St Helen’s Council has implemented a wide-ranging policy including a number of restrictions, granting planning approval only “within identified centres, or beyond a 400m exclusion zone around any primary or secondary school and sixth form college either within or outside local education authority control”.23 The council’s SPD is a material consideration in determining planning applications. As well as proximity to schools and health impact, it covers issues such as over-concentration and clustering, highway safety, cooking smells, and litter.
    In 2010 a High Court judge declared that Tower Hamlets Council in East London “acted unlawfully” when it gave the goahead for Fried & Fabulous to open for business close to a school. The judge said councillors had voted in favour of permission after being wrongly directed that they could not take account of the proximity of the local secondary school because it was not “a material planning consideration”
    Sandwell Council adopted an SPD for hot food takeaways in 2012, including a 400m exclusion zone around secondary schools, and tests for over-concentration, clustering and environmental impact. In one appeal there was little support from the school affected or secondary evidence, so the application was approved. Council officers reported they have since made efforts to work more closely with public health colleagues and to engage with schools on the issue.28
    All subsequent appeals to the Planning Inspectorate, including one within 400m of a secondary school, have been dismissed, so the SPD appears to have been effective.

    Many hot food takeaways may generate substantial litter in an area well beyond their immediate vicinity. Discarded food waste and litter attracts foraging animals and pest species.
    Hot food takeaways may reduce the visual appeal of the local environment and generate night-time noise.
    Short-term car parking outside takeaways may contribute to traffic congestion.
    Improving access to healthier food in deprived communities may contribute to reducing health inequalities.
    The most relevant evidence of successful approaches in England tends to come from case studies of approaches being taken by local authorities using policy and regulatory approaches.

    Instead of rolling over RMBC should issue new planning restrictions which create a 400m zone around schools which prohibit fast food outlets.


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