an Inspector appointed by the Secretary of State for Communities and Local Government

Transcription

1 Appeal Decision Site visit made on 13 June 2013 by J M Trask BSc(Hons) CEng MICE an Inspector appointed by the Secretary of State for Communities and Local Government Decision date: 11 July 2013 Appeal Ref: APP/J2210/A/12/ Printing House, Simmonds Road, Wincheap Industrial Estate, Canterbury, Kent CT1 3RA The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. The appeal is made by Mr Robert Rickard of PJG Developments Ltd against the decision of Canterbury City Council. The application Ref CA/12/00395/FUL, dated 1 March 2012, was refused by notice dated 20 June The development proposed is the change of use of part of the building to entertainments centre including children s play area, dance studio, bowling alley and function room (D2 Use Class), café bar (A3-A4 Use Class), crèche (D1 Use Class), and launderette (sui generis use) including alterations and extensions to the existing building. Decision 1. The appeal is allowed and planning permission is granted for the change of use of part of the building to entertainments centre including children s play area, dance studio, bowling alley and function room (D2 Use Class), café bar (A3-A4 Use Class), crèche (D1 Use Class), and launderette (sui generis use) including alterations and extensions to the existing building at Printing House, Simmonds Road, Wincheap Industrial Estate, Canterbury, Kent CT1 3RA in accordance with the terms of the application, Ref CA/12/00395/FUL, dated 1 March 2012, subject to the conditions in the attached schedule. Main Issue 2. The main issue in this appeal is the effect of the proposal on the living conditions of local residents. Reasons 3. The appeal site is within an estate of commercial buildings in light industrial and retail use. There are alleyways linking Simmonds Road to Wincheap, the closest of which is Spring Gardens, opposite the site. There are residential units with access from Spring Gardens and some residential units on Wincheap that have rear facing windows that look towards the site. 4. The potential capacity of the proposed development is about 450 people and the application is for the café/bar and dance studio/function room to open until 0130 in the morning several days a week. Although the appellant considers it unlikely an abundance of people would leave the premises at this time, I have seen no suitable mechanism for ensuring this would be the case. On the basis

2 that entertainment would cease shortly before the facility closed, it seems to me more likely that most customers would leave at or near closing time. 5. It is likely that those leaving the facilities would be in a jovial frame of mind and there would be the sound of loud conversations and raised voices as well as the sound of engines and car doors closing as vehicles arrive to collect some customers. No robust evidence has been provided to support concerns relating to instances of anti-social behaviour and perhaps damage but I accept that the proposal for late night opening would introduce the potential for anti-social behaviour. Wincheap is a busy road and I would expect some traffic and people to use the area throughout the night, nevertheless, it seems to me that such a large number of people leaving the premises within a short period in the early hours of the morning is likely to result in a level of noise and disturbance that would detract from the living conditions of nearby residents. While I accept that activities outside the establishment could be controlled to some extent by security personnel, I have seen no means of ensuring this would occur and it has not been demonstrated that the living conditions of nearby residents would be safeguarded. 6. The Council has suggested opening hours should be restricted to no later than 2000 in line with other operations on the estate. While the appellant considers this unduly restrictive for a range of leisure uses and has advised he considers reduced opening hours until 2300 would overcome any concerns relating to opening until later, I have been given no details of any adverse effect of restricting operations to I am satisfied that a condition restricting use until 2000 would overcome my concerns in respect of the living conditions of local residents and subject to this constraint I am content the proposal is in accord with Policies BE1, TC2 and TC10 of the Canterbury District Local Plan. 7. The Council has referred to harm to the objectives of the Wincheap Regeneration Zone where a mix of uses, including leisure and recreation, are envisaged. The proposal would increase night time use of the area but I have seen insufficient details to demonstrate that the proposed scheme would compromise the wider aspirations for the area or conflict with Policy TC15 of the local plan. 8. There would be benefits associated with the scheme. The proposed uses would be attractive to those in the area and would benefit the local community. I have also had regard to the acknowledged shortage of suitable sites for such uses within the city. Thus the proposal would help to meet some of the objectives in the National Planning Policy Framework (the Framework) that relate to the vitality of town centres. Nevertheless, these benefits would not outweigh the harm arising from late night opening. I have had regard to all other matters raised but they are not sufficient to outweigh the considerations which have led me to my conclusion. 9. I have considered the conditions suggested by the Council having regard to Circular 11/95 The Use of Conditions in Planning Permissions. A condition requiring soundproofing of the premises and limiting the audibility of amplified systems is necessary to protect the living conditions of nearby residents. Samples of materials to be used for the small extension should be approved in the interests of the character and appearance of the area and provision and details of the parking and servicing areas are required to avoid parking on the highway and consequent harm to highway safety and the free flow of traffic. A Community Considerations Plan based on the details provided by the appellant 2

3 at application stage is necessary to protect the living conditions of nearby residents and, for the same reason, opening times should be restricted as discussed above. The use of areas of the building should remain as shown on the drawings to ensure the benefits of the scheme are retained and to limit the number of users of the dance studio and function room and so protect the amenity of the area. A crossing and additional parking restrictions should be provided before the operations commence in the interests of highway safety and secure cycle parking is required to provide alternative means of sustainable transport. Details of fume extraction and air conditioning systems should be provided to protect the living conditions of nearby residents. It is also necessary that the development shall be carried out in accordance with the approved plans for the avoidance of doubt and in the interests of proper planning. Subject to some modifications to aid clarity I shall impose these conditions. 10. For the reasons given above I conclude that the appeal should be allowed. J M Trask INSPECTOR 3

4 Schedule of Conditions: 1 to 11 Appeal Ref: APP/J2210/A/12/ Application Ref CA/12/00395/FUL 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The approved uses shall not commence until a scheme for sound proofing the building in accordance with the Noise Impact Assessment submitted with the application has been installed and thereafter the scheme shall be maintained and operated in accordance with the requirements of the Noise Impact Assessment. At no time shall any amplified music or public address system used within the premises be operated at a level where it is audible outside the boundary of the premises. 3) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 4) The approved uses shall not commence until the areas shown for parking and servicing on the drawings have been provided in accordance with details submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any purpose other than the parking of vehicles and servicing. 5) The approved uses shall not commence until a Community Considerations Plan, addressing the measures to be put in place to limit the impact of the uses on the local community, has been submitted to and approved in writing by the local planning authority. The plan shall identify measures as set out in the Community Considerations section of the Planning Statement Document submitted with the planning application and the hours of use defined by condition 6. The development shall operate in accordance with the approved Community Considerations Plan. 6) The use hereby permitted shall not be open to customers outside the following times: 0730 to ) The premises shall be laid out in accordance with drawing A-P-001 Rev 00 restricting the uses to the areas indicated on the approved drawings. The areas indicated on this drawing for the bowling alley, soft play area, crèche and offices shall not be used as part of the other facilities. 8) The use of the permitted development shall not commence until a crossing and additional parking restrictions identified by the highway authority in the memo dated 18 April 2012 have been provided. 9) Before the use hereby permitted begins a secured and covered space shall be laid out within the site for bicycles to be parked in accordance with details submitted to and approved in writing by the local planning authority and the bicycle parking area shall not thereafter be used for any other purpose. 10) Before the use hereby permitted begins, a scheme for the installation of equipment to control the emission of fumes and smell from the premises shall be submitted to and approved in writing by the Local Planning 4

5 Authority. The scheme as approved shall be implemented. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer's instructions. 11) The development hereby permitted shall be carried out in accordance with the following approved plans: A-P-001 Rev 00, A-P- 002 Rev 00 and A-P-003 Rev