Cooking Smells

thomas1988

Hi there,


I was wondering if someone could advise. I live in an apartment block of 12 apartments. Either side is a coffee shop which there have never been any problems with and the other a graphic designers. 2 months ago the graphic designers closed and suddenly a bubble tea shop opened which also sells food. The tea shop has a door which gives them access to the apartment building. The cooking smells of fat and food come through this door making the hallways smell constantly whilst its open. We were not informed what it was going to be, it just opened. What can we do?

SmashedAvacado

You can check the planning status of the property
It is likely that a change of use would have been required from graphic designer to cafe
go on the planning portal for your Local Authority and search the address. if a planning application was made, you shoudl have seen a notice up near the property
if no planning application was made, you could make a complaint to the council on planning grounds


you also have potential grounds to complain about nuisance, but that would involve you going through the courts - if you use the planning system the planning department at the LA should do the running. This can be checked quickly. Why not do that and report back?

thomas1988

I have been on the portal. I am guessing if I put in the first part of the postcode it should appear with everything else? I have done that for planning search and appeals and enforcements and nothing come s up for it.

Davesnave

The area for the first part of a postcode is huge! You should be able to narrow down to actual postcode or address, or perhaps use a map search.


That's what my local authority's planning site allows me to do and I'd suspect others are similar.

thomas1988

Its the Leicester planning portal and its LE1. Not a lot comes up and also I cant find a map? That'd be useful!

SmashedAvacado

you need the full postcode or address

thomas1988

Right I have put in my street and searched for the number of my property and next door and cannot find anything regarding it changing from retail/professional services to a takeaway. The last entry for the property is in 2009 when the 2 apartments were granted permission to change into 2 retail/professional services establishments:


CHANGE OF USE OF TWO GROUND FLOOR APARTMENTS (CLASS C3) TO RETAIL, FINANCIAL AND PROFESSIONAL SERVICES AND BUSINESS UNITS (CLASSES A1, A2 & B1);


A1 - Retail
A2 - Financial and professional services
B1 - Business Use


B2 is for food and there is nothing on the portal for this......

Davesnave

Looks like an open and shut case then. Don't forget that with food comes extra inspections from Environmental Health, so failing to apply for appropriate planning would be treated seriously.

SmashedAvacado

Its not an open and shut case because the operator of the cafe could put in a planning application now. But i would recommend that you consider making a complaint to the planning team at the LA about this. I would also recommend that you speak to neighbours about doing the same. I would also look out for any application made and then consider objecting on the basis of smells / noise. The planning authority might still grant permission but it is likely that if they do, they will be under pressure to consider imposing conditions on the planning such as proper mechanical ventilation to remove food smells.

thomas1988

Who do I report it to? Its an apartment which I own. Do I go through the managing company for the building first?

SmashedAvacado

no. the plannign officer at the local authority

there is a tab entitled "enforcement" on the Leicester page. Report it there.

They also have a phone number - i would call that as well.