Argy-bhaji over Indian takeaway

Wednesday 30 August 2017

A new Indian restaurant that is opening in St Aubin’s tonight is trying to get permission to also operate as a take-away and to run a home delivery service.

When Planning gave the Noya Shapla – which is in the renovated NatWest building on the bulwarks next to the petanque terrain – the go ahead last year, the terms and conditions stated it could only operate as a restaurant.

In a letter Planning explained to the owners why they weren’t going to be allowed to operate a take-away or home delivery service: “To ensure that the restaurant operation does not cause unacceptable problems of traffic generation, safety or parking which may unreasonably harm the amenities of neighbouring users including the living conditions of nearby residents.”

Planning’s comments were in part prompted by a letter from St Brelade Constable, Steve Pallett, who’d written on behalf of the Roads Committee.

It stated: “There is a distinct shortage of public parking in the vicinity of the Indian Restaurant especially during the hours that the restaurant is likely to be at its busiest, that being between 7.00pm and 11.00pm, the nearest substantial area of parking is located outside of the Parish Hall, but during the proposed opening hours of the restaurant there is little or no available parking due to use by residents, businesses and those frequenting the nearby pubs and restaurants. The immediate areas of parking nearest the proposed restaurant are a very limited number of 20 minute unloading bays that are in constant use by the supermarket and other businesses.

“The Committee wish to enquire as to how the applicant proposes vehicles will be required to park in regard to the delivery business and also in relation to the customers of its takeaway business. It is likely that customers will drive and park on any available space nearby such as the slipway or on the recently refurbished amenity / pedestrian areas that proved safe access around St Aubin’s Village. Such parking will likely cause traffic congestion and also a nuisance to residents. Any vehicles parked illegally could also obstruct emergency vehicle access in the vicinity of the restaurant which again would cause the Committee concern.”

The committee also noted: “The parking on offer in St Aubin’s is at the best of times at a premium and an increase in parking required by takeaway customers is simply not available and therefore is very likely to cause parking issues which would impact on our Honorary Police who are already very busy of an evening dealing with normal restaurant visitors.”

The owners of the Noya Shapla feel they are being treated unfairly. They used to run a restaurant from a nearby property and at the time were also allowed to operate take-away and home delivery services. What’s more, the new operators – also an Indian restaurant – are still allowed to operate a take-away and home delivery service. Noya Shalpa believe they shouldn’t be penalised for moving, and that the problem of traffic isn’t being seen as a shared problem.

A planning officer will now re-look at the issue and may make a decision. But, if they feel it’s too complex, it’ll be up for the whole committee to make a decision at a public hearing. Decisions are usually made on most minor planning decisions within eight weeks.