South Tyneside Council rejects new Jarrow food outlet over obesity and road safety concerns

Council chiefs have turned down proposals for a 'commercial catering unit' serving hot and cold food in Jarrow, amid worries over obesity and road safety issues. South Tyneside Council's planning department has rejected a bid to repurpose 18 Bede Burn Road from its previous use as a dental laboratory to a "commercial catering unit under a mixed use selling both hot and cold food and hot and cold drinks".

The plans also featured the addition of an "extraction flue/duct/cowl" at the back of the building. The application, submitted by "Lifestyle Express Store", outlined intentions to serve a variety of fare including hot and cold sandwiches, pastries, pizzas, wedges, and other food items.

The proposal claimed it would generate employment opportunities and insisted that due to the "small size" of the establishment, there would be no significant effects on local amenity or obesity levels, according to a report from the council. However, during the consultation period, the council received one letter endorsing the plan and 26 letters opposing it, citing various issues such as potential odour and noise, privacy reduction, anti-social behaviour, increased parking demands, highway safety risks, and the "inappropriate location" for such a venture.

A statement from Councillor Geraldine Kilgour, representing the Fellgate and Hedworth ward, was also included in the council documentation, highlighting the residents' concerns about the "over concentration of The council's public health department objected to the proposal on health grounds, emphasising the importance of reducing obesity under the council’s strategic priority of "healthier people".

The public health team noted in a statement that "there are lots of fast food outlets and restaurants in this ward area which makes it increasingly difficult for people to make healthier food choices".

After assessing the planning application against planning policies, South Tyneside Council’s planning department refused it on November 14, 2024. The council planners found the plans acceptable in relation to residential amenity issues, including noise, odour and extraction equipment, and raised no issues with the design of the proposals. However, one main reason for refusal was that the plans were "harmful to health and well-being, and related strategies to tackle unhealthy lifestyles and obesity".

This was because the plans fell within an area (Monkton ward) where year six obesity levels, under the national child measurement programme, "significantly exceed" the 10 per cent threshold set out in a council planning guidance focused on "hot food takeaways and health".

The second refusal reason included highway safety, with council planners stating that "providing no dedicated parking provision and servicing alongside existing parking" was problematic. The council has raised concerns that the proposed restrictions on the highway could have a significant impact on the road network.

The plans were criticised for potentially leading to an "unacceptable increase in vehicles being parked indiscriminately and illegally on the public highway, impacting on the free flow of vehicular traffic on a carriageway within a one-way gyratory system [...] and where the premises are in close proximity to a bend within the highway and junction".

A council report highlighted two traffic collisions in the area over the past five years, including one incident where a vehicle crashed into the dental practice/development site building. The report also mentioned frequent road safety complaints in the area. Council planners suggested that the use of the catering unit would lead to increased customer, service vehicle and delivery service car parking compared to the previous dental laboratory use.

While acknowledging that the food business plans were for mixed use, council planning officers expressed concerns about the hot food takeaway proportion of the business increasing above 50 per cent and potentially becoming the sole use. The mixed use planning application needed to be considered in light of these scenarios, according to the council.

The council decision report stated: “This proposal is for a mixed use, with the potential for hot food sales to form a substantial element of the business. Furthermore, if this proposal were approved a scenario could also arise where the premises could be used solely as a hot food takeaway without further planning permission having to be sought from the council.

“For the reasons set out in the assessment above, this proposed use would be contrary to policy HFT1 of SPD22, national planning policy in the national planning policy framework and associated planning practice guidance with regards to health and well-being, tackling unhealthy lifestyles and obesity.

“The harm caused by the development and the conflict with relevant planning policies and guidance could not be overcome through the use of planning conditions.”

The applicant has the right to challenge the council refusal decision by lodging an appeal with the Secretary of State. For more information on the planning application or council decision, visit South Tyneside Council’s planning portal website and search reference: ST/0568/24/FUL

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