Part One: Spatial Strategy and Policies (Regulation 19)
Hot Food Takeaways
10.37. The control of the numbers of Hot Food Takeaways in particular locations will assist in providing a healthy balance of food choices across the borough. It also aims to counteract the over concentration of Hot Food Takeaways in certain locations.
Policy DLP29 Hot Food Takeaways Comment
- All applications for Hot Food Takeaways (Sui-Generis), whether through new build or change of uses, will be assessed on their individual merits, subject to considerations on their location and the number, distribution and proximity of other Hot Food Takeaways and impact on the vitality and viability of centres.
- Proposals for Hot Food Takeaways will be subject to provisions applicable to their locations:
- Proposals for new Hot Food Takeaways, as a primary use of a planning unit, will not be permitted within a designated Town Centre Core Areas.
- No more than two Hot Food Takeaways will be permitted adjacent to one another within the boundaries of the borough's centres or within retail parades.
- Elsewhere, Hot Food Takeaways will be permitted where they do not give rise to or exacerbate a concentration (typically 3 or 4) of these uses.
- Proposals for Hot Food Takeaways will not be supported where they are located outside of a Centre and within 400m of a secondary school[7].
- In all locations, planning permission for Hot Food Takeaways will only be granted where, there would not be an adverse impact on public or highways safety. Regard will be given to:
- Existing traffic conditions, including availability of parking spaces.
- Availability of safe legal loading areas
- Proximity to junctions, pelican crossings, bus bays and bus stops
- Accessibility of the site by public transport and cycling
- Secured by Design and Park Mark Principles and providing a maintenance plan demonstrating how the development would reduce crime, the fear of crime and anti-social behaviour.
- Applications for Hot Food Takeaways within close proximity to residential properties will be refused where it is considered that there may be significant adverse impacts on residential amenity in terms of disturbance, vibrations, odours, traffic impacts, litter and hours of operation as a result of the proposal.
- The cumulative impact of proposed Hot Food Takeaways will be assessed with regard to their risks around community safety, crime and disorder.
- Wherever practicable, extract equipment should be accommodated internally within the building and routed within existing chimneys. Where external equipment is proposed, it should not be detrimental to the area or host property.
- Health Impact Assessment is submitted with consideration given to the cumulative impact of Hot Food Takeaways within the vicinity.
Justification
10.38. Although it is recognised that Hot Food Takeaways can provide an important complementary service, alongside other retail uses. In centres, high concentrations of Hot Food Takeaways can pose a serious threat to the vitality and viability of the centre. They can also have a detrimental impact on the amenity of the surrounding areas, including the retail character and function of the centre, due to the hours of operations, increased litter, odours, noise and general disturbance, as well as traffic and parking problems.
10.39. Within centres the location and concentration of Hot Food Takeaways will be restricted to help maintain a diverse and viable centre this includes the clustering of Hot Food Takeaways (more than 2 uses adjacent to each other).
10.40. Poor diet is a significant factor in obesity and associated poor health. Dudley Borough has higher rates of obesity, including childhood obesity, than those for England, as well as a higher number of fast-food outlets per 100,000 population. Obesity is considered a risk factor for poor health, cancer and diabetes. A high concentration of Hot Food Takeaways in certain areas or proposals which are inappropriately located, can result in an undue influence on poor choice of diet that contributes to a wide range of health issues, including obesity and diabetes.
10.41. Research has indicated that the more overweight a person is and the younger a person is when they become overweight, the greater the impact on the person's health. Therefore, it is important to support establishing healthy eating habits from a young age and minimise the negative impacts of Hot Food Takeaways on children's health.
10.42. It is considered that the location of Hot Food Takeaways in close proximity to schools can lead to children consuming a greater amount of unhealthy food, therefore undermining initiatives to promote healthier diets. There is concern that the effects of fast-food consumption on children's diets can add to health problems relating to obesity and a proliferation of Hot Food Takeaways within walking distance of schools can be seen as a contributing factor to rising levels of childhood obesity. Therefore 400m (equivalent of a 10-minute walk) is considered sufficient to deter school children from walking to Hot Food Takeaways during lunch breaks or after school.
Evidence
- Black Country Centres Study (2020, 2021, 2023 and subsequent updates)
- Dudley Borough Strategic, Town, District & Local Centre Health checks (2024)
- Planning for Health in the Black Country: Evidence Base for Black Country Plan Health and Wellbeing Chapter, 2021
Delivery
- Development Management through the determination of planning applications
[7] The Exclusion Zones apply to Secondary Schools only as Primary School are pupils cannot go out at lunchtimes and the majority of journeys to and from school are made with a parent or guardian.
