Hi everyone, First time posting so play nice. Currently have a situation where I am one of a dozen properties that back onto the rear yard of an A1 retail unit with two residential flats above. The area is completely residential apart from a row of 4 retail units, one of which is A3 and causes parking on pavements and overflows onto road parking available to residents (this parking is currently unrestricted). All other units use rear area for parking (there is sufficient turning space) and a very small amount of storage in a shed. The rear yard of the property in question is separated by a wall from the shared space available to the rear of the other retail units. The proposed planning application is requesting a change of use to mixed A1/A3 to allow cafe (and two tables) inside part of the retail unit and also 4 tables outside to the rear. The particulars also specify the remaining space will be used for showcasing garden furniture for sale and parking. Without looking at the premises the Environmental Officer has passed judgment and stated the proximity to other dwellings and opening hours will not cause a disturbance. The tables will be situated at a distance of 2m from our boundary line, with little or no screening that will prevent noise, smoke, vehicle or waste pollution/smells from disturbing the general residential amenity in our gardens. My points that I would like you all to scrutinise are: 1: Change of material use in rear yard - for the last few years it has been unused commercially. Prior to that it was used for the storage of materials by a fireplace and chimney company selling from the retail unit to the front. (not sure if this carries any weight, but the property was marketed with a 'walled garden' to the rear) 2. Intensification of use due to increase in possible smells from customers smoking, vehicle fumes, noise levels (from people as well as extraction unit for kitchen) and food. 3. Increase in business hours from non-existent to the rear (and just mon-fri standard hours to the front), to mon-fri 9-5 & Sat-Sun 10-4 will create overlooking and privacy issues. 4. Parking for each table (6) and each employee (4), as well as the two flats above (2) would create a major issue for overflow parking in the area especially since there is insufficient room to turn around and exit the car park forwards in a lawful manner. 5. The Local Development Plan states that developments outside of shopping centres (it is classified as such due to the premises not falling within primary or secondary zones) must fulfil strict criteria 'amenity of local residents' being one, and that the council will impose planning conditions restricting opening hours in appropriate cases. Could anyone who has a good understanding of such a situation please advise if I have missed any points of law or completely erred in my choice of objections? Thanks
