CASE OFFICER RECOMMENDATION SHEET Reference: P13-00986PLA Location: 253, HIGH STREET, ENFIELD, EN3 4DX Proposal: Change of use from shop (A1) to Betting shop (A2). RECOMMENDATION: Granted Subject to Conditions 1. C60 Approved plans 2. C38 Restricted Hours - Opening (INSERT REQUIRED) 3. C32 Window Display 4. C19 Details of Refuse Storage & Recycling Facilities 5. C51A Time Limited Permission List of Drawings: Planning Statement Site Plan REASONS FOR GRANTING PLANNING PERMISSION 1. The change of use of the premises to a betting shop under use class A2 would not detract from the vibrancy or vitality of the shopping parade. Furthermore, it would not compromise the amenities of nearby residential properties or the character of the area. This is compliant with Policy CP30 of the Core Strategy, Policies (II) GD3 and (II) S13 of the Unitary Development Plan as well as 7.1 and 7.4 of the London Plan. 2. The development does not create a parking demand that prejudices the availability of on street parking spaces, or generates vehicle movements to a level that results in conditions that have a negative impact on highway safety and the free flow of traffic along Percival Road, having regard to Policies (II)GD6 and (II)GD8 of Unitary Development Plan, Submission Version DMD policy 45 and Policy 6.13 of the London Plan. DIRECTIVE: CASE OFFICER: Ms K. Perry SIGNATURE:.. DATE:6th June 2013 AUTHORISATION UNDER DELEGATED POWERS: NOTICE DISPATCHED BY:.. Page 1 of 6 Off_rep_app
DISPATCH DATE:.. Reference: P13-00986PLA Page 2 of 6
Location: 253, HIGH STREET, ENFIELD, EN3 4DX Proposal: Change of use from shop (A1) to Betting shop (A2). Applicant: JENNINGS RACING LTD Reference: P13-00986PLA ------------------------------------------------------------------------------------------------------------------- REPORT: Site and surrounds The premises comprise a single storey end of terrace property located in Ponders End Large Local Centre. The property is currently vacant having previously been occupied by Ocean Trade under Use Class A1. This company left the premises in January 2011. The adjoining property at number 251 High Street is occupied by a hair and beauty salon. Number 255 is occupied by another betting office William Hill. Paddy Power is located diagonally opposite the application site at number 260 High Street. The Local Centre comprises the extent of the High Street, running from the Tesco Extra Store in the north to the Asda store in the south. It is predominantly commercial in character characterized by 2-3 storey buildings accommodating ground floor retail units, financial and professional services, restaurants and takeaways, with a mix of commercial and residential uses on the upper floors. The site is not a listed building and is not located within a Conservation Area. Proposal The application is for the change of use of the property to a betting shop under use class A2. The lawful use of the property is a retail unit under use class A1 although the premises are currently vacant. Relevant Planning Decisions None directly relevant Consultations 10 neighbour notification letters were posted. The consultation period ended 8 th May 2013. 1 response received objecting to the development for the following reasons (in summary): Inappropriate to have a third betting shop; Worsen the environmental conditions of the street and neighbourhood; Customers cause disturbance in the street; Internal Environmental Health: The Assistant Director, Planning and Environmental Protection does not object to the application for planning permission. No comment to make as the change of use is unlikely to have a negative environmental impact. In particular there are no issues regarding noise, contaminated land, air quality or nuisance and for that reason no conditions are required and there are no objections to planning permission from Environmental Health. Relevant Policy The National Planning Policy Framework (NPPF) published in March 2012 allowed local planning authorities a 12 month transition period to prepare for the full implementation of the Page 3 of 6
Reference: P13-00986PLA NPPF. Within this 12 month period local planning authorities could give full weight to the saved UDP policies and the Core Strategy, which was adopted prior to the NPPF. The 12 month period has now elapsed and as from 28th March 2013 the Council's saved UDP and Core Strategy policies will be given due weight in accordance to their degree of consistency with the NPPF. The Development Management Document (DMD) policies have been prepared under the NPPF regime to be NPPF compliant. The Submission version DMD document was approved by Council on 27 th March 2013 for submission to the Secretary of State for examination. Examination and subsequent adoption is expected later this year. The DMD provides detailed criteria and standard based policies by which planning applications will be determined. The policies listed below are considered to be consistent with the NPPF and therefore it is considered that due weight should be given to them in assessing the development the subject of this application Core Strategy CP30 Maintaining and improving the quality of the built and open environment Submission Version DMD DMD 33 DMD 34 DMD 45 Betting shops Evening economy Parking standards Saved UDP Policies (II)GD3 (II)GD6 (II)GD8 (II)S13 Aesthetics and functional design Traffic generation Site Access and Servicing Loss of retail units The London Plan Policy 6.13 Policy 7.4 Parking Local character Other Relevant Policy National Planning Policy Framework Mayor of London Draft Town Centres SPG (January 2013) Analysis Effect on Vitality and Viability of Local Centre The ground floor premises are currently vacant although they were previously occupied by a retail shop under use class A1. The current proposal would involve the change of use to a betting shop under Use Class A2. Policy (II) S14 of the UDP states that proposals will not be permitted where they lead to an overconcentration of non-a1 uses. In this case 58% of the parade is occupied by non-retail uses. This comprises a mix of A2 uses (mainly estate agents), A3/A5 uses (restaurants and take aways), A4 uses (Publc Houses) and D2 Uses (medical and educational institutions. A2 uses occupy 17 units or 18% of the local centre. The proposal would result in them increasing to 19% of the total. 2% of the existing parade is occupied by betting shops. Page 4 of 6
Reference: P13-00986PLA In light of the above, it is considered that the development would not significantly alter the composition of the existing shopping parade and would not unacceptably detract from the retail character of the area particularly given that the unit has been vacant since 2011. With regard to clustering, Submission Version DMD policy 33 and the Mayor s Draft SPG Town Centres both resist the clustering of betting shops. Draft DMD 33 states that there should be 5 different uses between 2 betting shops or 25m whichever is the greater. In this case, there is an existing William Hill next door at number 256 and a Paddy Power at number 260 diagonally opposite. Notwithstanding this, both the documents discussed above, whilst being a material consideration in the determination of this application, have not yet been formally adopted. In particular DMD 33 which is at pre-submission stage, has not yet been subject to any form of public consultation as it was not included in the original document and therefore can only be given very limited weight at this stage. In light of this, it is not considered reason to refuse planning permission in this case. Neighbouring Amenity In any parade where there is a close relationship between commercial and residential properties there is potential for a greater impact in terms of noise and general disturbance which may impact nearby or first floor residential properties. However, the current development would be located in a single storey building and therefore there is no concern about immediate residential occupiers at first floor level. The application proposes 2 full time members of staff and 5 part-time and will be open 08:00 23:00 Monday to Saturday and 09:00-22:00 on Sundays and bank holidays. This is comparable to the opening hours allowed for the Paddy Power shop opposite which is permitted to open between 09:00 and 23:00 daily (TP/05/2048). Environmental Health have inspected the scheme and have raised no objections to the type or hours of operation. Character and Appearance The current application is for change of use only and no details have been submitted with regard to a proposed shopfront. A condition is recommended to ensure a shop front is installed in order to ensure the vibrancy and vitality of the shopping parade. Similarly a separate application for advertisement consent may be required. Highways/Access With regard to the previous use of the site as a retail shop, it is considered that the proposed development will not create a parking demand that would prejudice the existing availability of on street parking spaces, or generate vehicle movements to a level that would result in conditions that may have a negative impact on highway safety and the free flow of traffic along High Street, having regard to Policies (II)GD6 and (II)GD8 of UDP, Submission Version DMD policy 45 and The London Plan 2011 Policy 6.13 Refuse and Litter No details of refuse storage facilities have been provided, nor has any confirmation been received regarding the existence of a waste collection agreement from commercial waste services. However, it is considered that capacity is available to the rear for refuse storage and it is therefore considered that a condition securing further details of these aspects can be required by condition. Conclusion Page 5 of 6
Reference: P13-00986PLA Having regard to those considerations outlined above, it is recommended that planning permission be granted subject to conditions and for the following reasons: The change of use of the premises to a betting shop under use class A2 would not detract from the vibrancy or vitality of the shopping parade. Furthermore, it would not compromise the amenities of nearby residential properties or the character of the area. This is compliant with Policy CP30 of the Core Strategy, Policies (II) GD3 and (II) S13 of the Unitary Development Plan as well as 7.1 and 7.4 of the London Plan. The development does not create a parking demand that prejudices the availability of on street parking spaces, or generates vehicle movements to a level that results in conditions that have a negative impact on highway safety and the free flow of traffic along Percival Road, having regard to Policies (II)GD6 and (II)GD8 of Unitary Development Plan, Submission Version DMD policy 45 and Policy 6.13 of the London Plan. Conditions 1. Approved Plans 2. That for the purposes hereby approved, the premises shall not be used outside the hours of 08:00 23:00hrs Monday to Saturday and 09:00 to 22:00 on Sundays and bank holidays. Reason: To safeguard the amenities of the occupiers of adjoining and nearby residential properties 3. Installation of shopfront 4. Refuse 5. Time Directive: The applicant is advised that any advertising will require a separate application for advertisement consent. Page 6 of 6