Agenda item

            The Director of Planning and Building Control presented the following report to the Committee:

 

“1.0     Purpose of Report

 

1.1       Committee will recall that, at your meeting of 17 September 2025, you gave approval to initiate the statutory public notice consultation process for the designation of a site outside 44e Glen Road, for the sale of hot and cold food and non-alcoholic drinks. 

 

1.2       This site had been identified as a result of an application received requesting designation to allow trade from this location.  A location map is attached as appendix 1.

 

1.3       The statutory designation process involved seeking comments from the relevant statutory bodies and from the public through a public notice placed in two newspapers, with a statutory 28 day period for representations to be made to the Council.

 

1.4       The purpose of this report is to enable the Committee to now consider the designation proposal in conjunction with the representations received and to make a decision on whether or not to pass the designation resolution and designate the proposed site.

 

2.0       Recommendations

 

2.1       The Committee is requested to consider the representations received as a result of the public notice consultation process and reconsider the proposal. On the basis of the objections received and consultation responses from PSNI and DfI (Roads) it is recommended that the committee:

 

-       Determine not to pass a designation resolution.

 

2.2       However, should members be minded to pass a Designating Resolution it is recommended that:

 

-       Only the part of the street, specifically the proposed site should be designated so the Council may allocate a street trading pitch;

-       An operational date of 1 June 2026 is agreed for the resolution to take effect (This must be not less than one month from the date of passing the resolution);

-       Members consider and confirm that they wish to include only hot and cold food and non-alcoholic drinks as the designated commodities; and

-       Members consider any other reasonable conditions that should be applied to any subsequent stationary street trading licence issued for the designated site, such as days and hours of trade or duration of licence.

 

3.0       Main Report

 

            Background

 

3.1       Under the provisions of the Street Trading Act (NI) 2001 a district council has powers to designate and rescind the designation of specific streets or parts of streets as being suitable for street trading. The Act also allows a council to include the commodities or services to be supplied in the designation resolution, and to vary a previous designating resolution in relation to these.

 

3.2       If a street has not been designated under the Act the Council cannot issue a licence for street trading from a stationary position in that street.

 

3.3       The process of considering and reviewing the designation of streets is therefore an essential part of the legal framework within which the Council is enabled to regulate street trading in the City.

 

            Key Issues

 

3.4       The Street Trading Act (NI) 2001 sets out the designation public notice consultation process. 

 

3.5       The Council must consult with the PSNI and with the Department for Infrastructure (Roads).   and may also consult such other persons as it considers appropriate. Such consultees may include local residents, business and commercial premises in the street or in vicinity of the proposed designated site. 

 

3.6       Comments from the public must be sought through a public notice placed in two newspapers, with a statutory 28 day period for representations to be made to the Council.

 

3.7       A synopsis of the comments received as a result of this consultation process is provided below.

 

            PSNI Response

 

3.8       The PSNI did not object but request that the application is further considered by Belfast City Council to ensure there are no public safety issues if the layby is restricted as many shops and business in the immediate area will be operating as usual. See Appendix 2.

 

            DfI (Roads) Response

 

3.9       DfI (Roads) have no objection to the proposal but commented that any vehicle/stall must not be positioned in such a way as to compromise road safety or traffic progression.

 

            Published 28 day Notice and Resident Letter Drop

 

3.10     As a result of the public notice and residential letter drop 14 responses were received all of which were opposing the creation of a trading pitch.  The predominant concerns were road / pedestrian safety and increased traffic congestion.

 

3.11     Issues raised were:

 

-       Increased road traffic risks entering onto Glen Road

-       Increased traffic

-       Noise / Litter

-       Impact on Aesthetic

-       Obstructing the pavement

-       Reduced available parking for existing business

-       Damage being caused to residential parked vehicles by congested vehicle movements.

 

3.12     Copies of the responses are attached as Appendix 4.

 

3.13     Members are reminded that the designation process is about the principle of a street trading pitch being at the location. Matters regarding the suitability of a particular person, the stall and the ability to manage the site are considered as part of the subsequent street trading licensing process.

 

3.14     The person requesting a site to be designated, is merely a ‘trigger’ for the process and they may not be the person who is ultimately granted the street trading licence to operate at the site. Members are reminded that on occasions the Committee has considered multiple competing licence applications for a single designated street trading site.

 

3.15     If Members pass a Designation resolution, a public notice to that effect must be published for two consecutive weeks in two or more newspapers circulating in the district, the first of which must be published at least 28 days before the date when the resolution is to take effect.

 

3.16     A copy of the notice must also be sent to any person who made representations relating to the proposed resolution.

 

4.0       Financial and Resource Implications

 

            None.

 

5.0       Equality and Good Relations Implications/

            Rural Needs Assessment

 

            There are no issues associated with this report.”

 

            In response to a Member’s query, the Director of Planning and Building Control outlined that a trader who had been trading at the location had removed their stall when approached by the Council.

 

            After discussion it was

 

            Moved by Councillor T. Brooks,

            Seconded by Councillor Abernethy and

 

    Resolved – that the Committee, having considered the representations received as a result of the public notice consultation process and on the basis of the objections received and consultation responses from PSNI and DfI (Roads), agrees not to pass a designation resolution.