COMMITTEE DATE: 03/09/2012
Application Reference:
12/0467
WARD:
DATE REGISTERED:
LOCAL PLAN ALLOCATION:
Claremont
20/06/12
Neighbourhood action plans
Defined Inner Area
APPLICATION TYPE:
APPLICANT:
Full Planning Permission
Mr L Simmons
PROPOSAL:
Continued use of premises as stables and for landau storage.
LOCATION:
FORMER WORKSHOP TO REAR, 2 CLEVEDON ROAD, BLACKPOOL, FY1 2NX
------------------------------------------------------------------------------------------------------------------------Summary of Recommendation:
Grant permission
CASE OFFICER
Mr M Eastaugh
SITE DESCRIPTION
The application site is a part two storey, part single storey end terrace unit that forms part of a
collection of industrial and warehouse buildings that run east to west between Clevedon Road and
Carshalton Road. The site is also adjacent to an access road that runs parallel to Egerton Road. Within
this collection of commercial buildings there are a number of different uses including storage, car
repairs and food preparation. Many of the units are currently vacant. There are residential properties
to the south and west of the site (Clevedon Road and Egerton Road respectively). Prior to its current
use as stables and landau storage (which has been in place since July 2010), the site was vacant, but
had previously been used as a joinery workshop. The site is within the Defined Inner Area as
designated in the Blackpool Local Plan 2001-16.
The Committee will have visited the site on 3rd September 2012.
BACKGROUND AND DETAILS OF PROPOSAL
In 2010 a planning application was submitted for the 'Use of premises as stables and for landau
storage'. This application attracted objections from 6 members of the public and Environmental
Protection initially expressed concerns with noise, odour and vermin nuisance as well as drainage and
waste issues. However, following additional measures that were put in place by the applicant to
address Environmental Protection's comments, members of the Development Control Committee
voted at the meeting on 21st February 2011 to grant permission for the use for a 12 month period in
order that the operation of the business could be monitored. The same applicant is now applying to
make the use of the premises for stables and landau storage permanent.
The owner of the site is a landau operator who has 2 landaus that operate on the Promenade during
the season. The main stables and landau store are based in Staining. The business will operate in a
way that from March to September each year, 2 horses will be stabled at the site, operating daily
between 09.00 – 19.00. During the illuminations period, 4 horses will be stabled at the site, with 2
horses operating every other day between 09.00 – 22.00, whilst the other 2 horses are rested.
Between the end of the illuminations and March, the horses would be stabled in Staining. The landaus
will also be stored at the main stable in Staining during this period for annual maintenance and repairs
to be carried out. The site has been chosen due to its convenient location, and to limit the number of
trips from Staining to the Promenade with a horse box everyday.
MAIN PLANNING ISSUES
The main planning issues in this case relate to :
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The principle of the use and the suitability of the building for the proposed use as stables and
landau storage,
The impact of the use on the residential amenities of nearby neighbours,
Access to the site and highway safety.
The above issues are addressed in the assessment section of this report.
CONSULTATIONS
Head of Neighbourhood Services - no objection to the proposal.
Head of Transportation - no objection to the proposal.
Lancashire County Council (Senior Assistant Land Agent) - the building provides an acceptable level of
accommodation for the proposed use subject to horses only being stabled during the landau season
and the site being restricting the use of the site for any form of livery.
Lancashire Fire and Rescue - no written comments have been received at the time of preparing this
report. Any comments received will be reported in the update note.
PUBLICITY AND REPRESENTATIONS
Neighbours notified
Hand delivered letters and site notices displayed
25th June 2012
28th June 2012
One letter of objection has been received from 40 Carshalton Road.
The concerns raised include:
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The building and stall accommodation is not suitable for the proposed use
The use obstructs the rear access road
Odour nuisance
Five neighbour letters of support were submitted with the application from:
Flat 2, 3 Carshalton Road
Flat 5, 7 Carshalton Road
8 Carshalton Road
David Harwood Car Repairs, Back 28 Carshalton Road
6 Egerton Road
Cumulatively the points raised include:
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Confirmation that in their view there are no foul odours.
Confirmation that in their view there is no noise nuisance.
Site is well run on a day to day basis and is kept clean and tidy.
Horses appear to be well cared for.
A letter from Alison Metcalf (British Horse Society Riding and Road Safety Examiner) was also
submitted with the application. A summary of the personal comments that have been provided are as
follows:
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Building is in good working order.
Stall accommodation is adequate.
Ventilation is adequate.
Fire safety measures are adequate.
The following recommendations were made; strip lights should be covered in case of breakages,
antibacterial handwash to be provided, annual fire tests, COSHH (Control of Substances Hazardous
to Health) regulations to be followed and when washing horses all residue water to be swept
away.
NATIONAL PLANNING POLICY AND GUIDANCE
The National Planning Policy Framework, issued on 27 March 2012, has 12 core planning principles.
Those that are relevant to this proposal include:
Part 1 - Building a strong, competitive economy.
Part 7 - Requiring good design.
Part 8 - Promoting healthy communities.
Nothing within the NPPF conflicts with this proposal.
SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016
AS1 - General Development Requirements
BH3 - Residential and Visitor Amenity
BH4 - Public Health and Safety
DE4 - Outside the defined Industrial/Business Estates
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 CS7: Quality of Design
Policy CS9: Energy Efficiency and Climate Change
Policy CS11: Sustainable Neighbourhoods
Policy CS20: Leisure and Business Tourism
ASSESSMENT
The principle of the use and the suitability of the building for the proposed use as stables and
landau storage.
The suitability of the building for use as a stable was originally confirmed in a letter from the
applicant's vet (Peter Acton BVSc MRCVS) dated 4th November 2010 that was appended to the initial
application. This view was supported by Lancashire County Council's Land Agent who was consulted
on for his specialist land use knowledge and experience in dealing with planning applications involving
horses and stables (please see appendix 1 for further details). Both of the above considered the
building to be well lit and ventilated, making the premises suitable for the stabling of horses.
Lancashire County Council has been re-consulted on this application and although there is slight
concern that the new mezzanine restricts the flow of air, the proposed accommodation is still deemed
to be adequate.
Based on the above the building is considered to be fit for purpose. As the site is not protected for any
other use, the principle of the proposed use is also considered to be acceptable.
The impact of the use on the residential amenities of nearby neighbours
The site has been in use since 1st July 2010 (excluding the December to February each year) and
during this time only a single complaint has been made to Environmental Protection, in August 2011.
The site was inspected by an Environmental Protection Officer and concerns were raised with odour
nuisance, horse droppings, sewer flies, residue water and manure collection. Steps were taken by the
applicant to address these concerns and no further action was taken by Environmental Protection.
When consulted on the current submission the Head of Neighbourhood Services has confirmed that
he has no objection to the proposal as no further complaints have been received. No complaints have
been received since the one in August 2011.
In addition to the above it should be noted that the site is set within a collection of commercial
buildings (e.g. car repairs, a confectioners) that already generate noise and odours. The commercial
buildings in this area are historical and the types of use and hours of operation are unlikely to be
subject to planning control. This application is an opportunity to restrict the time of operation of one
of these buildings to hours that would be more appropriate within a residential area.
In order to help control any potential noise nuisance associated with the use and associated
movements, the conditions that were attached to the temporary permission have been carried over as
part of this recommendation. These restrict the hours of operation to between 08.30 hours and 22.30
hours, and the number of horses that can be stabled at the site be limited to four and the number of
landaus limited to two.
A site Management Plan that will include details of waste disposal, noise and odour attenuation
measures and precautions for pest control will also be conditioned to help ensure the safe and
satisfactory operation of the site.
Access to the site and highway safety
The Head of Transportation has no objection to the proposal. Given the frequency and times at which
the site will be accessed, it is not considered that the proposed use would have significantly more of
an impact on the flow of traffic or highway safety than any of the other existing commercial use
located at the rear of Clevedon Road.
Other considerations
Lancashire Fire and Rescue have previously confirmed that it is the responsibility of the owner to
ensure compliance with the Regulatory Reform Fire Safety Order and that the current water supply
and vehicle access are adequate for the nature of the use.
In 2010, a number of the commercial units along the rear of Clevedon Road were vacant, and from a
recent survey it has been observed that this is still the case. The proposal will help keep a previously
vacant building within a Priority Neighbourhood in use.
Summary
Since the original granting of a temporary permission there has only been a single complaint to
Environmental Protection. Furthermore, there is a low level of public objection but a higher level of
public support for the current application. It should also be noted that the public support is from
residents and businesses that are located closer to the site than the objector. The Head of
Neighbourhood Services has also confirmed that he has no objection to the current proposal and the
building remains fit for purpose as advised by Lancashire County Council. Lastly, since the original
application, no new issues have been identified.
On balance, the limited public objection is not considered to be overriding when weighed against the
public support, the no objection response from the Head of Neighbourhood Services and the benefits
associated with the proposed scheme.
LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
None.
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.
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.
ADDITIONAL BACKGROUND DOCUMENTS
Appendix 1 - Copy of e-mail from Lancashire County Council outlining the experience and
qualifications of the officer who was consulted on this application, and the guidance they used to
provide a response. This e-mail was also appended to the report for the previous application that was
considered by Development Control Committee (ref: 10/0629).
Recommended Decision:
Grant Permission
Conditions and Reasons
1.
No movement of horses or landaus to or from the site shall take place between 22.30
hours and 08.30 hours the following day.
Reason: To safeguard the living conditions of the occupants of nearby residential
premises, in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.
2.
Between the 1st March and 30th November each year, no more than four horses and two
landaus shall be kept on site at any one time. The site shall not be used for any purpose
outside of these dates.
Reason: To safeguard the living conditions of the occupants of nearby residential
premises, in accordance with Policy BH3 of the Blackpool Local Plan 2001-2016.
3.
Within 1 month of the date of this permission, a site Management Plan shall be submitted
to and approved in writing by the Local Planning Authority. The premises shall
subsequently be operated in accordance with the approved Management Plan.
The Management Plan shall include, but not be limited to, the following details:
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Frequency of the disposal of all forms of waste
Odour and noise attenuation measures
Pest control
Fire safety measures to be implemented
Reason: To ensure the safe and satisfactory operation of the site and safeguard the living
conditions of the occupants of nearby residential premises and businesses, in accordance
with Policy BH3 of the Blackpool Local Plan 2001-2016.
REASONS FOR RECOMMENDED DECISION
1
The use proposed has been considered in relation to Policies BH3, BH4, AS1 and DE4 of the
Blackpool Local Plan 2001 - 2016 and is in accordance with those policies and there are no
other material considerations which weigh sufficiently against the proposal such as to
warrant refusal.
Advice Notes to Developer
1.
Please note this approval relates specifically to the details indicated on the approved
plans and documents, and to the requirement to satisfy all conditions of the approval.
Any variation from this approval needs to be agreed in writing by the Local Planning
Authority prior to works commencing and may require the submission of a revised
application. Any works carried out without such written agreement or approval would
render the development as unauthorised and liable to legal proceedings.