Council changes mind and allows takeaway operation from converted shop

THURROCK Council has given the go ahead for a South Ockendon shop to operate as a restaurant and takeaway, after previously refusing it over the loss of retail space.
The end of terrace building at 1 Aire Drive, sits within a shopping parade and has been used as a retail unit. The parade once contained more shops, but a planning approval in 1999 allowed several of them to be converted to flats because the council, which owned the properties, deemed there was no long term demand for retail use.
The new application sought permission for a change of use to the sale of food and drink for consumption mostly on the premises with the addition of a takeaway and the installation of an extraction unit.
A previous application was refused on the grounds that the proposal would result in the unjustified loss of a retail unit, contrary to the Thurrock planning policy. The policy aims to protect retail outlets in neighbourhood centres unless there is clear evidence of no long-term demand or a specific community need. It appears the council's views on the matter have change since they switched their own properties to flats 26 years ago.
However, since that refusal, a certificate of lawful proposed use was granted for the change of use, which was then considered in the resubmitted application, along with a detailed submission from the applicants.
Planning officers noted that the revised proposal retains a new Class E use, which covers a variety of uses including retail, financial and professional, restaurants, gyms, with the takeaway element remaining ancillary. Submitted plans show a restaurant layout, and the applicant confirmed the takeaway would not be the primary use. The council says this distinction was key in aligning with Thurrock's policy.
While the applicant argued the business currently operates at a loss and the unit was previously vacant, officers stated that these points carried limited weight in planning terms. Nonetheless, the fallback position of the lawful use and the ability to impose conditions on the takeaway helped tip the balance in favour of approval.
The proposal was deemed acceptable subject to the conditions. It was also found to be acceptable in terms of residential amenity, character of the area, and highways impact.
Planning permission was therefore granted, with conditions ensuring the takeaway use remains secondary to the restaurant operation.
Recently Thurrock Council announced that it planned to dispose of the ownership of a number of shopping precincts across the borough. They include Broxbourne Parade, Canterbury Parade, Daiglen Drive, Derwent Parade, Derry Avenue and Garron Lane in South Ockendon.
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