New takeaway refused in Derbyshire village as hundreds oppose plans

The application, submitted by Steve Dosanjh for the former Smalley Stores in Main Road, Smalley, was refused by Amber Valley Borough Council’s planning committee.

It had been recommended for refusal by council officers following an opposing petition signed by more than 200 people and more than a dozen formal objection letters.

Residents said they would “certainly not welcome more traffic on the roads”, which they say the new takeaway and shop would bring.

Dr Patrick Halls, who lives near the site, is behind the opposing petition and feared entrances to people’s houses would likely be blocked on a regular basis, as he said was the case when the building was a shop.

Dr Halls, a retired GP, said having another takeaway would not be beneficial for public health reasons.

He said residents could be queuing along the pavement which he felt was not a good idea during a pandemic. He says this would be “unpleasant” even outside of a pandemic.

The former convenience store has been vacant for more than five years.

The applicant said the planned takeaway would support the reuse of the entire building, including the shop portion.

He said in a written statement read at the meeting that an outdoor bin would be installed and the takeaway would close at 10pm.

Mr Dosanjh questioned where all the petitioning signatures came from and suggested they are not all dependable.

He said there is no school nearby, which would rule out concerns over school children walking past the takeaway, posing a public health concern.

However, Richardson Endowed Primary School sits a short distance from the site.

Derbyshire County Council had raised concerns over parking and litter.

It said: “Across the frontage of the premises there does appear to be a redundant dropped kerb which is likely to encourage waiting vehicles to pull up on the footway, contrary to the best interests of pedestrian safety.”

Council officers had written: “The proposed subdivision of the premises although resulting in no additional footprint will through additional uses create an intensification in the use of the premises.

“This is of concern given the very close proximity of the immediately adjacent residential properties to the application site.

“It is considered that the proposed subdivision and change of use to a takeaway would result in adverse impacts upon the residential amenity of the occupiers of adjacent properties through intensification of use and the associated comings and goings.

“The proposal would result in additional passing traffic both vehicle and pedestrian with vehicles leading to increased door opening and closing which would be into the evening opening hours.

“In addition, headlights shining into the property to the immediate west of the site and the potential for people gathering outside the property when queuing or collecting food will also adversely impact on residential amenity.”

The takeaway would have been open from 11am until 10pm, seven days a week, reduced from opening until 11pm following talks with council officers.