Solihull: Fight over antisocial behaviour and litter ends in Marston Green getting another hot food takeaway

Applicant Ali Zafran originally applied in 2022 to change units 1, 2 and 3 in Station Road, Marston Green, from planning class E ‘retail’ to A5 ‘sui generis’ – which allows for a hot food takeaway.

But when the scheme went out to consultation, more than 50 objections were submitted by locals, including fears of an increase in anti-social behaviour and an increase in litter.

Solihull Council’s planning committee went on to turn the scheme down in July 2022 due to the “high concentration of hot food takeaways within the parade which is also in close proximity to Marston Green Primary School”.

The applicant appealed to the planning inspectorate, who overturned the committee’s decision in November 2022.

Inspector Emma Worley wrote: “The appeal property lies a short distance from the entrance of Marston Green Primary School.

“Whilst it is located in a small parade of shops and services, it falls within the wider Marston Green local centre.

“The parties do not dispute that four of the existing 34 units therein are currently in use as hot food takeaways which amounts to a total of 12 percent of the units.

“The current situation would therefore not represent a high concentration of takeaway uses in the area.”

The inspectorate issued a condition to restrict opening hours to between 10am and 11pm every day.

The inspector added: “The council suggested a condition to restrict the consumption of food and drink on land to the front of the premises to no later than 8pm Monday to Saturday and 6pm on a Sunday.

“However, in practice, this would be very difficult to enforce given that customers may eat/drink as they leave the premises for example.

“Even if it were enforceable, it would be likely to simply displace customers onto the adjoining highway where they could continue to congregate close to residences – as such, the condition is not deemed necessary.”

Earlier this year the applicant applied to the authority to sign off preparatory conditions which feature in the planning permission agreement.

An application to formally ‘discharge’ conditions three, (ventilation), four (plant and machinery) and five (ceiling insulation) was submitted to the authority on February 24.

And on April 16, Mark Andrews, the authority’s head of planning, design and engagement services, signed off the conditions on April 16.