UNIT 1 and 2, 23 SALISBURY GROVE, MYTCHETT, CAMBERLEY, GU16 6BP

Transcription

1 2014/0764 Reg Date 15/08/2014 Mytchett/Deepcu t LOCATION: PROPOSAL: TYPE: APPLICANT: OFFICER: UNIT 1 and 2, 23 SALISBURY GROVE, MYTCHETT, CAMBERLEY, GU16 6BP Change of Use from Class B1 (Offices) to Class D1 (Nonresidential Institution) to provide day services for the disabled, with associated alterations. (Additional info recv'd 29/9/14) Full Planning Application Miss Alison Cooper Parity for Disability Ross Cahalane RECOMMENDATION: GRANT subject to conditions 1.0 SUMMARY 1.1 This application seeks the change of use of the premises from Class B1 (offices) to Class D1 (non-residential institution). The application premises is currently vacant and is located within the settlement of Mytchett, on the eastern side of Salisbury Grove within a primarily residential area. 1.2 This report concludes that whilst the proposed change of use would result in the loss of 355m² of employment land, in this instance it has been demonstrated that there would be wider community benefits arising from the proposal. Furthermore, it has been demonstrated that there is no reasonable prospect of the site being used again for a Class B1 employment use in the short to medium term. For these reasons, the proposed change of use is considered to be acceptable in principle. 1.3 Subject to appropriate conditioning, the change of use proposed would not detract from the character or the appearance of the area, would not adversely impact residential amenities, and would not give rise to conditions prejudicial to highway safety or the free movement of pedestrians. 2.0 SITE DESCRIPTION 2.1 The approximate 0.12ha. application site (including access drive) is located on the eastern side of Salisbury Grove, accessed from a gated private driveway. The site comprises of two linked single-storey buildings with a lawful Class B1 (office) use. 2.2 The surrounding area is primarily residential in character, comprising of two storey terraced and detached properties, with their boundaries adjoining the site from Haining Gardens to the north and east, and from Vine House Close to the west. 3.0 RELEVANT PLANNING HISTORY 3.1 SU/2003/1401 Certificate of Lawfulness for the existing use of building as B1 (Business) and for the erection of a ground floor rear extension.

2 Decision: Issued (08/04/2004) 3.2 SU/1980/0180 Change of use from laboratory to light industrial. Decision: Granted (10/04/1980) 4.0 THE PROPOSAL 4.1 The full application seeks the change of use of the premises from Class B1 (office) to Class D1 (non-residential institution). The applicant is a registered charity which provides services and support to people with multiple disabilities, their families and carers. These include day services, a music therapy service and holiday activity schemes for disabled teenagers. The application includes no external alterations to the building. However, a wheelchair access ramp will be provided on the southern elevation, and the parking area around the site will be formalised to provide a total of 11 parking spaces (including minibus space) and a cycle rack adjacent to the northern elevation. 4.2 The site is currently unoccupied, and it is stated in the supporting statement that Unit 1 was in occupation providing five employees until February 2014, and that Unit 2 has been unoccupied for over five years. The supporting statement also advises that the client numbers are anticipated to reach 10 per day within the first year, rising to a capacity of 16 over time, and that staff would be employed on a one-to-one basis, with visiting staff of up to two per day. Operating hours are proposed to be from 9.00am to 5.00pm for each day (Monday to Friday). 5.0 CONSULTATION RESPONSES 5.1 County Highway Authority Has no objection subject to the imposition of conditions. 6.0 REPRESENTATION 6.1 At the time of preparation of this report two representations have been received in favour of the proposal. However, one of the representations raises the following points and suggestions: Unrestricted access is available at all times (reference to deeds); Last person leaving each day locks the gate to ensure security and to prevent vandals and/or fly tipping; If, for any reason the lock is changed, keys are provided for all Vine House Close residents who require them. [Officer comment: It would not be possible to effectively enforce such proposals through the use of planning conditions, as they would not meet all the tests as advised in Para 206 of the NPPF and in the Planning Practice Guidance. It would be in the landowner and operator s interest to keep the site secure. Matters relating to access rights and property deeds are a private civil matter between respective parties, in which the Local Planning Authority has no statutory powers to intervene.]

3 6.2 Any representations subsequently received will be orally reported to the Committee. 7.0 PLANNING CONSIDERATION 7.1 The application site is located within the settlement of Mytchett and its current lawful use is Class B1 (office). As such, the main policies relevant to this application are CP8 (Employment), DM13 (Employment Development Outside Core Employment Areas & Camberley Town Centre) Policies DM9 (Design Principles), and DM11 (Traffic Management and Highway Safety) of the Core Strategy. The relevant guidance contained in the National Planning Policy Framework is also a material consideration. 7.2 It is considered that the main planning issues to be addressed are: The principle of the change of use; The impact of the proposal on the character and the appearance of the area; The impact of the proposal on residential amenities; and, The impact of the proposal on highway safety and the free movement of pedestrians. 7.3 The principle of the change of use The application site is within the settlement of Mytchett as identified in the Core Strategy Proposals Map The proposal site is not within a Core Employment Area as defined by Policy CP8 (Employment). However, Policy CP8 states that loss of employment land outside of Core Employment Areas will only be permitted where wider benefits to the community are shown. It is stated within the supporting statement that the activities associated with the proposed use would take place out and about in the community, as well as within the premises. The supporting statement also states that the proposed use would introduce wider benefits to the community associated with the support to people with disabilities, their families and carers. Policy DM13 (Employment Development Outside Core Employment Areas & Camberley Town Centre) states that the loss of employment sites outside of Core Employment Areas and Camberley Town Centre may be permitted for other uses provided that: i) It would not adversely affect the overall sustainability or employment opportunities of the settlement where the loss occurs; and ii) iii) It would not result in the loss of a strategically important sector for regional, national or global competitiveness; and It would not result in the loss of units capable of use by small business or industry unless it can be demonstrated that there is no longer a need for such units However, Paragraph 22 of the NPPF states that planning policy should avoid the long term protection of a site where there is no reasonable prospect of a site for employment being used for its designated purpose. Para. 22 also states that where there is no reasonable prospect of a site being used for the allocated employment use, applications for alternative uses shall be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities.

4 7.3.5 The proposed change of use would result in the loss of commercial floorspace by virtue of the loss of a Class B1 (office) use. Whilst it is accepted that the introduction of the proposed Class D1 (non-residential institution) use may generate the equivalent of 12 fulltime jobs, in planning terms it would not offer a replacement employment site as defined under Policy DM13 of the Core Strategy. However, the applicant has provided information in an attempt to demonstrate compliance with Criterion (iii) of Policy DM13, including: evidence of marketing of the site carried out by property consultants (between September 2010 and March 2014); a letter from the property consultant confirming that the premises was advertised on commercial real estate websites and via an on-site advertisement board during the same period, and; details of all expressions of interest during this period Having regard to the information provided by the applicant and the guidance contained within Para. 22 of the NPPF, officers consider that there does not appear to be a current need for the Class B1 (office) employment use at the application site, and that consequently there is no reasonable prospect of the site being used as such. In accordance with Para. 22 of the NPPF, the proposal must therefore be assessed on its own merits, having regard to market signals and the relative need for different land uses to support sustainable local communities. The applicant has not provided any information regarding recent market activity of the surrounding area in respect of employment land, or whether the proposal would adversely affect the overall sustainability or employment opportunities of the surrounding area. However, there is no evidence to suggest that the subject employment site forms part of a strategically important sector for regional, national or global competitiveness. Given the wider community benefits demonstrated by the applicant (supported by Policy CP8) and the guidance contained in Para 22 of the NPPF, in this instance there is no in-principle objection to the proposed change of use of the premises. 7.4 The impact of the proposal on the character and the appearance of the area The National Planning Policy Framework seeks a presumption in favour of sustainable development and to secure high quality design, as well as taking account of the character of different areas. Policy DM9 (Design Principles) continues to promote high quality design that respects and enhances the local environment, paying particular regard to scale, materials, massing, bulk and density The application site is located within a predominantly residential area, forming part of the settlement area of Mytchett. However, owing to the substantial setback of the buildings from the Salisbury Grove highway, it is not considered that the change of use proposed would detract from the character or the appearance of the application site or surrounding area. Whilst this application seeks a change of use of the premises, it is noted that the proposal includes the provision of a wheelchair access ramp on the southern elevation of the premises, and a cycle rack in front of the northern elevation. However, given their minor nature the proposed works would not materially harm the character of the existing site. Given the above considerations, the proposal would have no adverse impact on the character of the site and surrounding area, therefore complying with design requirements of Policy DM9 of the Surrey Heath Core Strategy.

5 7.5 The impact of the proposal on residential amenities The application site is located in a residential location and is bounded to the north, west and east by terraced residential properties within Vine House Close and Haining Gardens. Further residential properties are also located along Salisbury Grove adjacent to the site entrance driveway. The National Planning Policy Framework seeks a good standard of amenity for all existing and future occupants of land and buildings. Policy DM9 (Design Principles) states that the amenities of the occupiers of the neighbouring properties should be respected by proposed development Although there are a number of residential properties that adjoin the proposal site, the proposed hours of operation are 09:00 17:00 Monday to Friday. The supporting statement advises that clients would generally arrive either by minibus or adapted taxi between the hours of 9.00am-9.30am. It is also stated that the majority of activities on the site will be confined to the interior of the building, or off-site within the community. Although it is noted that reference is also made to occasional outdoor activities that may take place within a small area to the west of the site, given the limited available outdoor space it is not considered that this activity would adversely affect the amenity of nearby residents. Given that the proposed operating hours, along with the level and nature of the proposed use and the associated daily trip movements, would reflect what would reasonably be expected for a Class B1 office use (which is the current lawful use of the premises), no objections are raised in regard to the additional impact of the proposal on residential amenities However, it is noted that the supporting statement refers to very occasional weekend or Bank Holiday use of the premises. The use of the premises at weekends and Bank Holidays would have the potential to adversely impact the amenities of surrounding residences. It is therefore considered necessary to impose a planning condition to restrict the operating hours as proposed above to 09:00-13:00 on Saturdays, so that neighbouring amenity can continue to be protected. Subject to this conditioning, it is considered that the proposal would not unduly harm the amenities of occupants of neighbouring properties, in accordance with Policy DM9 of the Surrey Heath Core Strategy and Development Management Policies Document The impact of the proposal on highway safety and the free movement of pedestrians Policy DM11 (Traffic Management and Highway Safety) states that development which would adversely impact the safe and efficient flow of traffic movement on the highway network will not be permitted unless it can be demonstrated that measures to reduce and mitigate such impacts to acceptable levels can be implemented The submitted site plan drawings indicate that there would be provision of 10 parking spaces, a minibus parking/set down space and a cycle rack within the application site. However, following consultation the County Highway Authority has recommended that a condition be imposed in any permission granted stating that the premises shall not be occupied until space has been laid out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority for 10 cars, 1 minibus and 5 cycles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear, and that the parking/turning area shall be used and retained exclusively for its designated purpose.

6 Subject to this conditioning, there would be no objections based on safety, capacity or policy grounds, and the proposal would not conflict with Policy DM11 (Traffic Management and Highway Safety) of the Core Strategy. Other matters The proposed change of use has a floor area above 100m² at which point the application becomes liable for planning infrastructure contributions. However having regard to the lawful and proposed employment generation figures the scheme has a nil liability and contributions are not required. 8.0 ARTICLE 2(3) DEVELOPMENT MANAGEMENT PROCEDURE (AMENDMENT) ORDER 2012 WORKING IN A POSITIVE/PROACTIVE MANNER 8.1 In assessing this application, officers have worked with the applicant in a positive and proactive manner consistent with the requirements of paragraphs of the NPPF. This included: a) Provided or made available pre application advice to seek to resolve problems before the application was submitted and to foster the delivery of sustainable development. b) Provided feedback through the validation process including information on the website, to correct identified problems to ensure that the application was correct and could be registered. c) Have proactively communicated with the applicant through the process to advise of progress, timescale or recommendation. 9.0 CONCLUSION 9.1 This report concludes that whilst the proposed change of use would result in the loss of employment land, it has been demonstrated that there would be wider community benefits arising from the proposal. Furthermore, it has been demonstrated that there is no reasonable prospect of the site being used again for a Class B1 employment use. Therefore, there is no objection to the proposal in principle, and the proposal would not detract from the character or the appearance of the area. Subject to appropriate conditioning, the proposal would not adversely impact on residential amenities and would not give rise to conditions prejudicial to highway safety or the free movement of pedestrians RECOMMENDATION GRANT subject to the following conditions:- 1. The development hereby permitted shall be begun within three years of the date of this permission. Reason: To prevent an accumulation of unimplemented planning permissions and in accordance with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.

7 2. The proposed development shall be built in accordance with the following approved plans: Drawing No (received 15/08/2014) unless the prior written approval has been obtained from the Local Planning Authority. Reason: For the avoidance of doubt and in the interest of proper planning and as advised in ID.17a of the PPG. 3. No new development shall be occupied until space has been laid out within the site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority for 10 cars, 1 minibus and 5 cycles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. The parking/turning area shall be used and retained exclusively for its designated purpose, unless otherwise agreed in writing by the Local Planning Authority. Reason: The above condition is required in order that the development should not prejudice highway safety nor cause inconvenience to other highway users and to accord with Policies CP11 and DM11 of the Surrey Heath Core Strategy Document The Class D1 (non-residential instution) premises hereby approved shall only be open to the public between the hours of 09:00-17:00 Monday to Friday and 09:00-13:00 on Saturdays. The premises shall not be open to the public on Sundays or Public Holidays. For the avoidance of doubt Public Holidays includes New Years Day, Good Friday, Easter Monday, all Bank Holidays, Christmas Day and Boxing Day. Reason: In the interests of the amenities enjoyed by neighbouring residents and to accord with Policy DM9 of the Surrey Heath Core Strategy and Development Management Policies 2012 and the National Planning Policy Framework. Informative(s) 1. Decision Notice to be kept DS1 2. Building Regs consent req'd DF5