Change of use from storage and workshop (Use Class B2) to vehicle examination site (MOT) (Use Class Sui Generis)

Transcription

1 OTH02 Application Number: 12/00040/FUL Change of use from storage and workshop (Use Class B2) to vehicle examination site (MOT) (Use Class Sui Generis) AT Unit 23, Twizel Close, Stonebridge FOR Mr M Gol-Shecan Target: 2nd March 2012 Ward: Wolverton Parish: Wolverton & Greenleys Town Council Report Author/Case Officer: James Kirkham Contact Details: james.kirkham@milton-keynes.gov.uk Head of Team: Jackie Fox Contact Details: jackie.fox@milton-keynes.gov.uk 1.0 INTRODUCTION AND SUMMARY (A brief explanation of what the application is about, what the main issues are and the officer's Recommendation to the Committee) 1.1 The Site The application site is a small industrial unit located on Twizel Close in Stonebridge. The site was permitted under planning reference 04/022287/FUL and is restricted by condition to be used for B2 (General Industry) and B8 (Storage or Distribution) purposes. This was because the car parking provided was inadequate for office use. Details of the location of the site and its relationship to surrounding properties can be seen in the plans attached to this report. 1.2 The Proposal The current application seeks consent to change the use of the unit to an MOT testing site. The unit would have one ramp. The applicant has indicated that 6 parking spaces are available for the use by the unit. Details of the proposal as described above can be seen in the plans appended to this report. 1.3 Main Issues The main issues in this case are considered to be: - Principle of change of use - Impact on neighbours - Parking

2 RECOMMENDATION It is recommended that planning permission be granted subject to the conditions set out at the end of this report. 2.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 2.1 National and Regional Policy PPS1: Delivering Sustainable Development PPS4: Planning for Sustainable Economic Growth 2.2 Local Policy Adopted Milton Keynes Local Plan D1: Impact of Development Proposals on Locality T15: Parking Provision E1: Protection of Existing Employment Land E11: Protection of Small Business Unitws Supplementary Planning Guidance Milton Keynes Parking Standards 3.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) /02287/FUL Erection of 25 new B2 and B8 general industrial/warehouse units with car parking, servicing and landscaping and access Permitted 11/02615/FUL Change of use from B2 to MOT Bay and MOT Training Pending consideration. 4.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received) 4.1 Parish - Wolverton & Greenleys No objections 4.2 Highways Development Control The site shows one MOT ramp. Under the councils parking standards the requirements are a maximum of 3 spaces per MOT bay. The submitted plans show 2 spaces to the front of the unit and indicate a further 4 spaces on the site, 1 adjacent to Unit 1 and 3 adjacent to unit 19. The spaces adjacent to unit 19 appear to be tight and conflict with the access to the side of unit 19. On a site visit traffic and parking conditions were witnessed to be light and on-street parking controls respected. Using the two spaces outside the unit and the one space adjacent to unit one would meet the parking requirement for a one bay

3 MOT operation. In conclusion there is no objection subject to a condition restricting the use to one MOT bay. The highway boundary is some distance from the site. 4.3 Local Residents The occupiers of the following properties were notified of the application: Unit 1, (all),24 and 25, The Ro 24, Twizel Close A site notice was also placed at the site letter of objection have been received. These have raised the following concerns: - The estate is not classified for this use and is currently clean and tidy. - The estate was never designed for the level of parking required for these uses. - Parking problems already exist and this will make it worse. - Other units require access from large lorries and parking on street would make this difficult. - There is no visitor or public parking to the site meaning vehicles park on the entrance road which causes an obstruction and danger. - Noise and disturbance from cars revving. - Value of other units will be affected by the proposal. 5.0 CONSIDERATIONS (The analysis of the issues which are critical, material, considerations and/or of greatest concern to objectors for the Committee to weigh up before making a decision) Principle of change of use Policy E1 of the Local Plan seeks to protect existing employment land and states that planning permission will be refused for change of use for any land identified for employment use on the Proposals Map unless there would be no conflict with existing and potential neighbouring uses and the proposed use would not significantly reduce the provision of local employment opportunities. Due to the size of the unit and the nature of the intended business the proposal is not considered to significantly reduce the provision of local employment opportunities. The compatibility of the proposal with the neighbouring properties is discussed later in the report. Policy E11 of the Local Plan states that planning permission will be refused for proposals that include the loss of small business units by means of change of use from classes B of the Use Classes Order. Although the proposal will result in the loss of one small business unit due to the nature of the proposed use this is still considered to support a small business and maintain many of the characteristics of a use falling within B classes of the Use Class Order. The loss of this one small business unit to a use closely related to a B class use is not considered to be significant enough to justify a refusal of the application

4 5.3 Noise and disturbance Concern has been raised over an increase in noise and disturbance to the neighbouring properties from the proposed development. The surrounding uses are all commercial units. However when assessing planning applications the permitted and current use of the unit is a material planning consideration. In this case the existing unit has permission for general industry (B2) and storage. Therefore general car repairs could occupy the building without planning consent. The proposed use is not considered to be any more intrusive than the permitted use and is therefore considered to be acceptable in this regard. 5.4 Parking Many of the objections which have been raised by neighbouring units relate to parking concerns. The applicant has provided a plan that shows that the unit would have 6 parking spaces available to it. However the applicant also owns Unit 17. Between the two units the applicant has 8 parking spaces. Unit 17 has a permitted use for B2 and B8 purpose and has a parking requirement of 4 spaces. Given the proposed development has a parking requirement of 3 spaces the proposal is considered to have sufficient parking space to meet the standards. It is recommended that the parking shown on the submitted plan be conditioned to be provided and retained as ancillary to the development. 5.5 It is also recommended that the use be conditioned to have only 1 MOT testing bay and to ensure that general car repairs do not take place elsewhere at the site at the same time as the MOT testing facility is in operation. These are both to ensure the use has adequate parking to serve the development. The proposals are therefore in accordance with the approved standards and the highway engineer has no objection to the application. 5.6 Other matters Concerns have been raised that the proposed use would devalue other units in the locality. It should be noted that the impact of development proposals on property values is not a material planning consideration. 6.0 CONCLUSIONS (The officer advice to the Development Control Committee on the appropriate decision, based on the policies of the Development Plan, taking into account the issues detailed in the report) 6.1 The proposed use is considered to be acceptable in regard to the impact on neighbouring properties. The use would provide employment opportunities and would be similar in nature to an employment unit. The proposed use provides parking to the adopted standards and it is therefore recommended that planning permission be granted.

5 7.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To prevent the accumulation of planning permissions; to enable the Local Planning Authority to review the suitability of the development in the light of altered circumstances; and to comply with section 51 of the Planning and Compulsory Purchase Act (D11) 2. The development shall not be occupied until the car parking area shown on the approved plan (marked for use of Unit 23 on drawing number 1075/MP/01) has been permanently marked out. The car parking area so provided shall be maintained as a permanent ancillary to the development hereby permitted and shall be used for no other purpose at any time. Reason: To ensure adequate parking provision at all times so that the development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway. 3. The development hereby permitted shall only have 1 MOT inspection and testing bay. This shall not be altered without the prior written consent of the local planning authority. Reason: To ensure the use does not lead to parking problems in the local area. 4. The unit shall be used solely for MOT inspections and testing and shall not be used for any other purpose including the general repairs of vehicles at any time unless otherwise agreed in writing by the local planning authority. Reason: To ensure adequate parking serves the site

6

7

8

9