'Nanny state' decision slammed after Cole Kitchen refused permission for Sunderland takeaway service

Cole Kitchen was refused planning permission in December 2022 to continue operating as a hot food takeaway from its base at St George’s Terrace in Roker.

The business had submitted a retrospective bid to be permanently classed as a hot food takeaway operating between the hours of 9am-3pm, seven days a week.

According to submitted planning documents, Cole Kitchen had operated as a hot food takeaway under the Coronavirus Regulations for years and was seeking to formalise this use after the national legislation expired.

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However, Sunderland City Council’s planning department refused the plans days before Christmas 2022 and ruled that the hot food takeaway use would clash with planning policies.

Council planners, in a decision report, claimed the application would impact on neighbours due to noise, disturbance and odour, as well as conflicting with a council policy which aims to reduce obesity across the city.

The reasoning for this included the hot food takeway being located in the St Peter’s ward, where the obesity level of year six pupils was recorded at 21.3%, above the council’s threshold of 21%.

Conservative councillors for the St Peter’s ward have since condemned the council decision and welcomed plans from Cole Kitchen bosses to appeal the council ruling.

Cllr Sam Johnston, councillor for St Peter’s, said: “The council’s reasoning for refusing this application is specious at best.

“It relies on an interpretation of the rules that simply doesn’t make sense given the location and nature of the business.

“Residents do not need the council to operate a nanny state policy in which bureaucrats tell them what they can and can’t eat.

“It’s utterly ridiculous that the local authority would seek to impose further obstacles on local firms during this current economic situation.

“I hope that Cole Kitchen’s appeal to the Planning Inspectorate is successful and that this brilliant local business can keep operating a takeaway service.”

Councillor Joshua McKeith, fellow St Peter’s ward representative, added: “It is disappointing to see that the council have taken this decision.

“I hope that upon appeal the Planning Inspectorate sees reason with this application.

“Cole Kitchen is a fantastic local business that supports the local community, which the council should be supporting.”

According to the Cole Kitchen Facebook page, the eatery offers breakfast sandwiches, coffee and “good vibes to take away”.

Business bosses previously said they plan to challenge the council’s refusal decision by lodging an appeal with the national Planning Inspectorate.

A Sunderland City Council statement issued on January 13, 2023, said no appeal had been lodged at that time.

A council spokesperson said: “A retrospective planning application for the use of Cole Kitchen as a hot food takeaway was refused planning permission, in strict accordance with the policies contained within the adopted Core Strategy and Development Plan, on the grounds of residential amenity and health.

“Following the refusal of planning permission an enforcement notice was served and to date, no appeal has been lodged.”