SUMMARY 1.0 The premises is currently in A1 – Retail use and is

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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
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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
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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.
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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
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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:
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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
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