COMMITTEE DATE: 03/09/2012
Application Reference:
12/0521
WARD:
DATE REGISTERED:
LOCAL PLAN ALLOCATION:
Claremont
02/07/12
Neighbourhood action plans
Defined Inner Area
APPLICATION TYPE:
APPLICANT:
Removal / Variation of Conditions
Mr P Maher
PROPOSAL:
Variation of condition 1 attached to permission 04/0673 to allow the spa/sauna
to operate between the hours of 11:00am until 3:00am.
LOCATION:
97-107 EGERTON ROAD, BLACKPOOL, FY1 2NN
------------------------------------------------------------------------------------------------------------------------Summary of Recommendation:
Refuse
CASE OFFICER
C. Johnson
BACKGROUND
The spa/sauna has been operating for approximately 12 years and was granted planning permission
retrospectively in 2004 (reference 04/0673). The Development Control Committee granted planning
permission for the use at its meeting on 6th June 2004 with the following condition attached:
1
The use of the premises shall not operate other than between 08.00 hours and 20.00 hours daily.
Reason: To safeguard the living conditions of the occupants of nearby residential premises, in
accordance with Local Plan Policy E13.
SITE DESCRIPTION
The application site is on the north of the junction where Richmond Road joins Egerton Road. The
property is a two-storey terrace of four with open forecourt at the front which provides 10 parking
spaces. 97-107 Egerton Road is currently a private members club which consists of jacuzzi, steam
rooms, sauna, sun beds, cafe, TV lounges etc.
The neighbouring property at 95 Egerton Road is in flats and to the rear on Richmond Road are
houses, although there are other commercial properties in the immediate vicinity to the south.
The property has no allocation under the Local Plan 2001-2016 but it adjoins the northern boundary of
the Egerton Road Local Centre. Egerton Road is within the Claremont Inner Area Priority
Neighbourhood.
The Committee will have visited the site on 3rd September 2012.
DETAILS OF PROPOSAL
The applicant wishes to vary condition 1 attached to planning permission 04/0673 to allow the
premises to operate between 11.00am and 3.00am everyday of the week
The applicant has stated that The Honeycombe has around 4000 members but many of the members
are not local and only visit when on holiday in the resort. All members are over 21.
There are currently around 25-30 visitors on the quietest day of the week (Monday's) and between 5060 visitors on the busiest days which are Tuesdays and Thursdays. At the weekend, there are
approximately 40-50 visitors per day. The premises are currently open between 11.00am and 8.00pm
(9 hours) and in extending the opening hours to 16 hours, the applicant anticipates that the number of
visitors would double.
MAIN PLANNING ISSUES


Principle of development
Residential amenity
CONSULTATIONS
Head of Transportation - No objections.
Head of Neighbourhood Services - No objections and the applicant has signed a mediation
agreement with Environmental Protection which relates to measures which would limit noise nuisance
and disturbance to residential neighbours:
1
A clear, legible and conspicuous notice requesting patrons to avoid causing noise nuisance or
disturbance to local residents shall be displayed at every exit.
2
The volume of amplified sound used in connection with any regulated entertainment shall at all
times be under the control of the licence holder or management and the controlling mechanism
shall be operated from a part of the premises inaccessible to the public.
3
Noise from any regulated entertainment, mechanical ventilation or refrigeration plant shall be
inaudible within the nearest sensitive properties or, at the discretion of the Local Authority, shall
not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the
residents of those properties or their guests.
4
All internal lobbied doors to any entrance/exit point, fire exit doors and external windows shall
be closed during hours of regulated entertainment except in the event of an emergency and save
for the purposes of access or egress.
5
Vibration produced as a result of any regulated entertainment shall not be perceptible in any
adjoining or nearby sensitive properties.
6
All external smoking areas provided for the premises shall be located in such a position that their
use does not cause a nuisance to any nearby sensitive premises.
7
The premises licence holder shall provide suitable containers for the storage of waste which are
constructed and maintained to prevent the removal of such waste by vandals, thieves, animals,
accidental spillage or inclement weather. This shall include any external waste receptacles
provided for the disposal of all smoking related litter so as to prevent waste litter being deposited
on to the highway.
8
Frequent collection of glasses and bottles will be undertaken to ensure that empty containers do
not accumulate in or around the licensed premises.
9
The placing of refuse such as bottles, into receptacles outside the premises shall not take place
after 23:00hrs so as to prevent disturbance to nearby premises.
PUBLICITY AND REPRESENTATIONS
Neighbour notifications were sent 13th July 2012.
Site notices were displayed 13th July 2012.
Letters of support have been received from residents at 7 Howard Street, 95 Egerton Road and 7a
Ashburton Road.
 Since the premises started operating, the area has much improved.
 It has been a pleasure having the business as our neighbours.
 The owners always keep the premises clean and in good repair.
 The premises has never proved a nuisance in any way.
 The campaign being run against the changes is misguided.
 The music will not be too loud and the owners will not allow their clients to be a nuisance.
 The Honeycombe is a sauna/ health club and I don't foresee it attracting the sort of clientele the
Empress or other licensed properties in the area attract.
Objections have been received from 1 Richmond Court, 7a Ashburton Court, 2 Richmond Road, 122
Egerton Road, Great Places Housing Association on behalf of 95 Egerton Road:
 The owner cannot guarantee that guests will not generate noise.
 The club does not cause any problems at the moment but allowing it to open later will lead to
problems.
 The application will result in increased noise/nuisance/disturbance in a residential area which is
already plagued by anti-social behaviour.
 The area does not need another licensed establishment as there are at least 5 in the area.
 Loss of privacy due to overlooking.
 Traffic/parking problems in the area would become more of a problem.
 The proposal would cause nightly disturbances and possibly unruly behaviour in the early hours of
the morning.
 Loud music may be heard in nearby flats.
 Why would a sauna need to be open until 3am?
In response to some of the objections, the applicant has made the following comments:
 The clientele at the Honeycombe are mature responsible people and the establishment is a
private members club, not a public house which attracts anyone on the streets.
 The windows at the back of the building are blacked out and the rear wall is 1.8m high so there are
no issues with overlooking.
 Without a license (and planning permission) the business will fail leaving an empty building which
would result in far more anti-social behaviour than a controlled up and running establishment.
 The Honeycombe has ample parking for 21 cars.
 The members of this club would respect the area that the Honeycombe is in and would leave the
premises in a decent and orderly fashion under supervision by a responsible staff member,
courtesy and respect would be paramount at all times.
NATIONAL PLANNING POLICY AND GUIDANCE
The new National Planning Policy Framework (NPPF) is a single document which was adopted in March
2012 and replaces Planning Policy Statements and Planning Policy Guidance notes and is a material
consideration in determining planning applications.
Part 8 Promoting healthy communities
SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016
Policy BH1
Policy BH3
Neighbourhoods
Residential and Neighbour Amenity
EMERGING PLANNING POLICY
Following the changes to national planning policy, the announcement regarding the proposed
revocation of the North West Regional Spatial Strategy, newly released population data and the
representations made on the consultation draft, the Core Strategy Preferred Option (April 2010) has
been reviewed. A reworked version of this document, renamed the Local Plan - Part 1 - Core Strategy Revised Preferred Option, has been out to further consultation, the consultation ended on 21st July
2012. Given the limited stage of development of this document, it is considered that limited weight
can be attached to it. However, there are no policies within the emerging Local Plan which would
contradict the relevant policies in the adopted Local Plan.
Core Strategy Preferred Option (May 2012) relevant policies Policy CS1:
Strategic Location of Development
Policy CS11: Sustainable Neighbourhoods
ASSESSMENT
Principle of development
Policy BH1 states that proposals will be assessed in terms of their impact upon their local
neighbourhood, and the extent to which they contribute to the pursuit of a more balanced and
healthy local community.
Policy BH3 states that development will not be permitted which would adversely affect the amenity of
those occupying residential and visitor accommodation by the use of and activity associated with the
proposed development.
The condition restricting the premises' opening hours to between 8.00am and 8.00pm forms part of
planning permission 04/0673 in order to allow the leisure use to continue operating in this location
whilst also protecting neighbouring residential uses from late night noise and disturbance.
When the Development Control Committee considered this application, 97-107 Egerton Road was
included in the Local Centre, but has since been removed from the Local Centre when the Local Plan
2001-2016 was adopted in 2006.
Other than this change in allocation, there have been no material changes in site circumstances or in
terms of planning policy which might warrant the removal or variation of condition 1 and so the
principle of extending the opening hours until 3.00am is not considered acceptable in principle.
The amenity of neighbouring residents
95 Egerton Road is currently laid out and used as three flats and the flats adjoin the club to the north.
The area around the club to the north, east and west is dense residential development in the form of
terraced houses, many of which have been subdivided, and purpose built flats.
It is considered that a late night/early morning use in the area would be unacceptable due to
increased numbers of comings and goings of patrons, car doors slamming, taxi engines idling and from
club members standing outside the venue smoking and talking.
It may be considered more acceptable to allow the establishment to remain open until a more
neighbourly hour which would have lesser potential impacts on neighbouring residential amenity, but
an earlier closing time has not been suggested as a compromise.
The proposal to open the premises until 3.00am would have a significantly detrimental impact of the
amenity of surrounding residents and is therefore considered to be contrary to Policy BH3 of the
Blackpool Local Plan 2001-2016.
HUMAN RIGHTS ACT
Under Article eight and Article one of the first protocol to the Convention on Human Rights, a person
is entitled to the right to respect for private and family life, and the peaceful enjoyment of his/her
property. However, these rights are qualified in that they must be set against the general interest and
the protection of the rights and freedoms of others. It is not considered that this proposal would
breach any Human Rights.
CRIME AND DISORDER ACT 1998
The contents of this report have been considered in the context of the Council's general duty, in all its
functions, to have regard to community safety issues as required by section 17 of the Crime and
Disorder Act 1998.
Recommended Decision:
Refuse
Conditions and Reasons
1.
The proposal would have a significantly detrimental impact on residential amenity by
virtue of its use in close proximity to residential properties, the size of the premises, the
significant increase in the level of activity associated with the business and the associated
comings and goings with the potential for noise and disturbance in the early hours of the
morning. The proposal would therefore be contrary to Policy BH3 of the Blackpool Local
Plan 2001-2016.
Advice Notes to Developer
Not applicable