Agenda item

Report of the Service Lead, Planning, Infrastructure and Development recommending that conditional approval be granted in respect of an application for a proposed development at the above address.

The Panel considered the report of the Service Lead, Planning, Infrastructure and Development recommending that conditional planning permission be granted in respect of an application for a proposed development at the above address.

Change of use from a drinking establishment (Class A4) to flexible use within A1, A2, A3 or A4 (Retail, financial, professional services, restaurants, cafe and drinking establishments).

Michelle Baker, Alan Lloyd (local residents/ objecting), and Councillor Letts (Bitterne Ward Councillor objecting) were present and with the consent of the Chair, addressed the meeting.

The presenting officer reported some minor changes to conditions as set out below.  In addition it was noted that the price that of £51,000 set out the report as the sale price should have been £510,000.  Concern was raised that there were no clear plans for the site and that amending the designated use would open up the opportunity for the potential for a fast food restaurant.  The Panel requested that additional amendments be made to conditions, set out below, be added to limit the opportunity for the potential for a takeaway restaurant element on site.  Due to the level of public interest in the site Members requested that officers contact the Planning Inspectorate to request the Informal Hearing procedure for the appeal which has been lodged against the decision to refuse residential redevelopment on this site (Ref 17/00750/FUL).

The Panel then considered the recommendation to grant conditional planning permission. Upon being put to the vote the recommendation was carried.

RECORDED VOTE to grant planning permission

FOR:  Councillors Denness, Barnes-Andrews, Claisse and

Savage

ABSTAINED:  Councillors Hecks, Murphy, and Wilkinson

RESOLVED that

(i)  the Panel approved the change of use from a drinking establishment (Class A4) to flexible use within A1, A2, A3 or A4 (Retail, financial, professional services, restaurants, cafe and drinking establishments), subject to the conditions set out in the report and the additional and amended conditions set out below.

(ii)  That officers be requested to contact the Planning Inspectorate to request the Informal Hearing procedure for the appeal which has been lodged against the decision to refuse residential redevelopment on this site (Ref 17/00750/FUL).

Amended Conditions

04. APPROVAL CONDITION - Floorspace flexibility

The units can flip between the agreed uses and this "dual A1 (retail) and/or A2 (financial and professional) and/or A3 (restaurant) and/or A4 (drinking establishment) " hereby permitted for the development shall, under Class V Part 3 Schedule 2 of the Town and County Planning (General Permitted Development) Order 2015 (as amended), be for a limited period of 10 years only from the date of this Decision Notice.  The units shall remain as the prevailing use at that time as hereby agreed in writing by the Local Planning Authority. If the building is occupied for A3 use and notwithstanding the provisions of Class C Part 3 Schedule 2 of the Town and County Planning (General Permitted Development) Order 2015 (as amended), no ancillary hot food takeaway shall be prepared or sold from the premises.

Reason:

In order to provide greater flexibility to the development and to clarify the lawful use hereby permitted and the specific criteria relating to this use. Insufficient evidence has been provided in order to demonstrate that ancillary hot food take-away will not lead to adverse noise, disturbance, anti-social behaviour and litter impacts having regard to the proximity to nearby residential properties.

05. APPROVAL CONDITION - Servicing Management

If the building is to be occupied for A1 retail use, the use shall not commence until a servicing management plan is submitted to the Local Planning Authority and agreed in writing. The servicing management plan shall include details of the maximum length of vehicle to service the site and shall demonstrate that servicing vehicles can enter and leave the site in a forward gear. The development shall be implemented and retained in accordance with the agreed servicing management plan. 

Reason: In the interests of highway and pedestrian safety.