Council planning record

Retrospective change of use from Retail (Use Class E(a)) to a hot food takeaway (Sui Generis)

97A, Ayresome Street, Middlesbrough, TS1 4PF

Application Refuse and enforceReference: 25/0478/COUMiddlesbrough Borough Council

Last published check: 2 Oct 2026, 09:43. Check the council record for more recent changes.

Application location

97A, Ayresome Street, Middlesbrough, TS1 4PF

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Application summary

Status
Application Refuse and enforce
Application type
Change of Use
Received
11 Sept 2025
Validated
Not published
Determination deadline
6 Nov 2025
Local authority
Middlesbrough Borough Council

Application overview

Retrospective change of use from Retail (Use Class E(a)) to a hot food takeaway (Sui Generis)

Proposal details

Reference
25/0478/COU
Alternative references
PP-14320649
Ward
Newport
Agent
Matthew Bates
UPRN
100110775222

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Documents 6 of 6

DocumentPublishedAction
Location plan & existing & proposed plans & elevationsDrawing11 Sept 2025View
Application form redactedApplication Form11 Sept 2025View
Neighbour Notification ListNeighbour Notification List15 Sept 2025View
Consultee Notification List (revised)Consultation Notification List15 Sept 2025View
Officer ReportReport28 Oct 2025View
Decision NoticeDecision7 Nov 2025View

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Application timeline

Council milestones and published deadlines. A deadline passing does not confirm a decision.

  1. Application date

    Published milestoneCouncil source
  2. Received date

    Published milestoneCouncil source
  3. Registration date

    Published milestoneCouncil source
  4. Committee date

    Published milestoneCouncil source
  5. Decision due date

    Past published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source
  6. Dispatch date

    Published milestoneCouncil source
  7. Decision date

    Published milestoneCouncil source
  8. Consultation expiry date

    Past published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source
  9. Statutory expiry date

    Past published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source

Decision & conditions

Refuse and enforce
Decision Notice
Planning conditions
  1. Failure to pass sequential test In the opinion of the Local Planning Authority, the proposed town centre use has not been demonstrated as being policy compliant relative to siting of such a use outside of defined centres, contrary to Local Plan Policies DC1 (general development) , CS13 (a Strategy for the Town, District, Local and Neighbourhood Centres), PLP Policy EC17, the National planning Policy Framework and the Council’s Interim Hot Food Takeaway Policy.
  2. Inappropriate Location In the opinion of the Local Planning Authority, the proposed change of use would be detrimental to the predominantly residential character of the area and the amenity of nearby residential occupiers in view of likely impacts throughout the day and into the late evening/night. Furthermore, the proximity of the use to a school would negatively impact the health of the community. For these reasons, the proposed development is contrary to the guidance contained within Local Plan Policies DC1 and CS5, PLP Policy EC17 and Paragraph 97 of National Planning Policy Framework.
  3. INFORMATIVE NOTE: Enforcement Action Please note that as the use has commenced and planning permission has not been granted, failure to cease operations will result in the Local Planning Authority likely considering taking formal enforcement action.
  4. Insufficient Information The information and planning drawings that have been submitted are insufficient due to a lack of detail regarding the flue and extraction system. Therefore the Local Planning Authority is unable to accurately assess this aspect of the change of use. The development is considered to be in conflict with the requirements of policy DC1 (a).
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