8 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012 APPLICATION NO DC/12/0753/COU LOCATION 88 High Street Southwold Suffolk IP18 6DP EXPIRY DATE 29 August 2012 APPLICATION TYPE Change of Use APPLICANT Jim And Rebecca Bishop PARISH Southwold PROPOSAL Change of Use of ground floor to Artisan Bakery and Patisserie DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. SUMMARY 1.0 The premises is currently in A1 – Retail use and is situated on the High Street in Southwold. The application is for the change of use of the premises to an artisan bakery and patisserie. Previously planning permission was granted for the change of use and extension to the building for use as an A3 – Restaurant. This has since expired. There is an extant permission for the extension element of the previous proposal granted in 2011. No external alterations are therefore proposed to the 32 building within this application. This application comes before members at the request of the Head of Planning. SITE DESCRIPTION 2.0 The site is situated within the Town Centre Boundary as shown on the proposals map. The site is also situated within the Southwold Conservation Area located in the heart of the Town Centre. PROPOSAL 3.0 The proposal is for the mixed use of this premises as an artisan bakery and patisserie. This use does not fit within a particular use but is made up of a mixture of A1, A3 and B1 uses. The kitchen area on the proposed plans would be for the baking of bread on the premises (B1 use). The front area of the ground floor would be used for a sitting area which would include 12 – 16 covers. 3.1 The premises would sell bread to members of the public and would also offer the products to be eaten on the premises from breakfast through to afternoon tea. The premises is proposed to operate between the hours of 07.00 – 19.00 hrs. CONSULTATIONS/COMMENTS 4.0 • • 2 letters of objection received from members of the public including the following points:Too many similar uses within the town Discrepancy with no. of car parking spaces • • • • • 3 letters of support have also been received including the following points This sort of new enterprise is to be encouraged Greater choice, café and patisserie aspect appealing Important to Suffolk’s core tourism offering Creation of jobs Imaginative food outlet Consultees 4.1 Town Council were consulted on the 6 July 2012 and approval is recommended. 4.2 Env. Health - Food And Safety were consulted on the 6 July 2012 – No objections, However I would advise the business operator to contact the Food and Safety Team at Waveney. The Food and Safety Team will advise and give advice and guidance on the internal structure of the premises as well as general advise on complying with current food hygiene legislation. PUBLICITY 4.3 The application has been the subject of the following press advertisement: Category Conservation Area, Adjacent to Listed Building, Published 13.07.2012 Expiry 02.08.2012 33 Publication Beccles and Bungay Journal Conservation Area, Adjacent to Listed Building, 13.07.2012 02.08.2012 Lowestoft Journal SITE NOTICES 4.4 The following site notices have been displayed: WDC General Site Notice Reason for site notice: Conservation Area, Adjacent to Listed building, Date posted 18.07.2012 Expiry date 07.08.2012 RELATED APPLICATIONS 5.0 Reference No Proposal Decision Date DC/07/1593/FUL Construction of a single storey, rear extension and the provision of a terrace to first floor flat Approved 19.10.2007 DC/07/0856/COU Change of use of ground floor from retail (A1) to restaurant (A3) Approved 04.06.2007 DC/11/0009/FUL Construction of a single storey rear extension and the provision of a terrace to first floor flat Approved 02.03.2011 DC/11/0268/COU Change of Use of ground floor shop from Class A1 to A2 Approved 14.04.2011 PLANNING POLICY 6.0 Under Section 38 of the Planning & Compulsory Purchase Act 2004 planning applications must determined in accordance with the Development Plan. 6.1 The Waveney Core Strategy was adopted in January 2009. Policy CS10 seeks to maintain and enhance vitality and viability of all town and district centres so they continue to act as a focus for a range of activities, including retail, leisure and business uses. 6.2 The Development Management Policies were adopted in January 2011. Policy DM10 defines the town centre boundaries on the proposals maps, in order to focus town centre uses within specific areas. Sites within town centres will be expected to be used for retail, leisure and other town centre uses. Within these areas proposals for change of use of ground floor premises from A1 (Shops), A2 (Financial and Professional Services), A3 (Restaurants and Cafes), A4 (Drinking Establishments), A5 (Hot Food Takeaways), D2 (Assembly and Leisure) and sui generis leisure uses will not be permitted. 6.3 Policy DM02 seeks to protect the amenity of the wider environment and neighbouring uses from odour, noise and other forms of disturbance. 34 6.4 The overriding theme throughout the National Planning Policy Framework (NPPF) is a presumption in favour of development and this document is a material consideration in determining planning applications. PLANNING CONSIDERATIONS 7.0 This is a mixed use proposal made up of retail A1 – Shop, sale of goods; A3 – Cafe/restaurant, the consumption of food/drink on the premises and B1 – Light Industrial, the baking of bread on the premises. 7.1 The uses of A1 and A3 are clearly in compliance with policy DM10 “Town Centre Boundaries”. The B1 use relating to the baking of bread on the premises is contrary to this policy; as it is integral to the proposal it is considered that if it is restricted by condition to this particular use then it would be acceptable. B1 – Light Industrial uses are considered to be compatible with residential uses and a bakery producing bread on the premises is not uncommon within a town centre location. Therefore providing that suitable extraction facilities are provided then this use would not have a detrimental impact on other surrounding uses due to smell. 7.2 The Town centre survey of June 2012 seen below shows the ground floor uses within the Town Centre boundary. There is a significant number of A1- Retail uses compared to other uses, there are 7 A3 uses and no B1 uses. It is considered that there is a good balance of different types of uses within the Town Centre area and this proposed use would maintain the vitality and viability of the town centre. Use Class (type) SOUTHWOLD TOWN CENTRE (DM10) No. of units A1 (Shop) A2 (Financial and Professional Services) A3 (Restaurants and Cafés) A4 (Drinking Establishments) A5 (Hot Food Take-Aways) C1 (Hotels) C3 (Residential) D1 (Non-Residential Institutions) Sui Generis 53 12 7 1 1 2 18 3 1 98 Approx floorspace m2 5200 1000 700 300 100 1200 1900 500 100 11100 TOTAL GROUND FLOOR UNITS of which are Vacant (all use classes) 4 CONCLUSION 8.0 It is considered that this mixed use proposal is in accordance with policy DM10 and CS10 of the Development Plan. Any concerns with odour can be controlled by condition requiring further details of extraction facilities to be provided. RECOMMENDATION That permission be granted subject to the following conditions: 35 1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission. Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended. 2. The development hereby permitted shall not be brought into use until it has been completed in all respects strictly in accordance with plans received on 5th July 2012, for which permission is hereby granted or which are subsequently submitted to and approved in writing by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority. Reason: To secure a properly planned development. 3. The premises shall be used only as an artisan bakery and Patisserie; and for no other purpose whatsoever, (including any other purpose in Class B1; of the Schedule to the Town and Country Planning (Use Classes) Order 2005) or in any provision equivalent to that Class in a statutory instrument revoking and re-enacting that Order with or without modification. Reason: To retain control and enable consideration as to whether other uses in the Use Class would be satisfactory in this area. 4. The premises shall remain closed between the hours of 19.00 hrs and 07.00 hrs and no activities shall be carried out on the premises between these hours. Reason In the interests of amenity 5. Details of any air conditioning or extraction units shall be submitted to and agreed in writing prior to installation Reason: to avoid noise odour or droplet nuisance in the interests of residential amenity: the application does not include the necessary details for consideration. BACKGROUND PAPERS CONTACT Case File DC/12/0753/COU. Contact Development Management, The Marina Centre, Lowestoft. Iain Robertson Tel: 01502 523067 Iain.robertson@waveney.gov.uk 36