Committee Date: 12/04/2010

COMMITTEE DATE: 12/04/2010

Application Reference: / 09/1575
WARD:
DATE REGISTERED: / 13/01/10
LOCAL PLAN ALLOCATION: / Resort Neighbourhood
APPLICATION TYPE: / Full Planning Permission
APPLICANT: / Mr MohammedSaghir
PROPOSAL: / Use of premises as single private dwelling house.
LOCATION: / 43 YORK STREET, BLACKPOOL, FY1 5AQ

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SITE DESCRIPTION

This proposal relates to a three storey, end of terrace property on York Street, turning the corner onto Coop Street and within "FoxhallVillage" resort neighbourhood, a densely populated area of mixed guesthouses, flats and private dwellings. Signs on the property advertise it as the Westwood House hotel, although it is currently vacant (vacated in March 2009). Although the front door is on York Street, the largest (side) elevation is to Coop Street. There is a car park at the end of Coop Street, where there is currently an application for a block of residential flats (09/1548 refers).

Committee will have visited the site on 12th April 2010

DETAILS OF PROPOSAL

The proposal is to convert the property to a single family dwelling by blocking off the internal access between this and 15 Coop Street. Some of the stud walls at upper floors would be removed to reduce the number of bedrooms from 11 to 6 larger ones (resulting in three per floor). En-suite facilities would be retained and the ground floor would comprise four reception rooms, a kitchen and utility. A very narrow yard would be retained to the rear, giving access to Back Shannon Street (alley-gated). No parking is available or proposed.

The property is attached to 15 Coop Street, which is also on this committee for consideration.

MAIN PLANNING ISSUES

The main issues relate to the principle of the use, the impact in terms of residential amenity and the Foxhall Area Action Plan (AAP).

CONSULTATIONS

None

PUBLICITY AND REPRESENTATIONS

Neighbours notified 14/01/2010

Objections received from 30 & 39 York Street on the grounds that this is a holiday area and there should be no change away from this. Others would want to change away from guesthouse use if this proposal were to gain permission. See Assessment for response.

NEARBY APPEALS

N/A

REGIONAL SPATIAL STRATEGY TO 2021

N/A

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

RR8Resort Neighbourhood

RR9Loss of holiday accommodation

HN5Conversions & subdivisions

BH3Residential and Visitor Amenity

EMERGING POLICY:

Core Strategy Preferred Option

Foxhall Area Action Plan

ASSESSMENT

Principle of the use

If the lawful use of 43 York Street is holiday accommodation, the proposal would be contrary to Policy RR9 of the Local Plan (which seeks to safeguard the character of main holiday areas) and the emerging Foxhall Area Action Plan (AAP). Planning permission is being recommended for approval at this meeting for the use of the adjoining property as a single dwellinghouse (15 Coop Street, 09/1576 refers) vas it is already in permanent residential use, however recent Monitoring & Intervention in the Private Sector (MIPS) survey work carried out, shows that Coop Street and York Street contain a critical mass of properties in holiday accommodation use (and not a substantial concentration of residential uses) and therefore the criteria in Policy RR9 would not be fulfilled. However, if the lawful use of 43 York Street is permanent residential use, there are no policy reasons to refuse this development.

From the enforcement history (04/8331 - all the bedrooms were empty. 06/8305 - three out of the eleven bedrooms were occupied by permanents and one was occupied by the owner, the other rooms were empty. 07/8419 - 4/12 rooms were occupied as permanents with the rest empty) it seems apparent that there has been no holiday use in the property since at least 2004. However, Housing and Environmental Protection Services contend that the property was utilised as a bed and breakfast property up to February 2009. There is therefore conflicting information in the Council's own records regarding the current use of the property. In the absence of a definitive certificate of lawfulness relating to permanent use, there is an objection in principle to use as a dwelling.

Residential Amenity

With regard to Policy HN5, the bedrooms satisfy the Council's standards and the proposed alterations would result in good quality living accommodation, with a layout appropriate to a dwelling. There is no rear yard area, so the use as a single dwelling would be preferable to flats in terms of private amenity space.

In terms of Policy BH3, the proposal would result in a family dwelling where previously there appears to have been a mixed multi-occupation/guest house use, and which would have less impact on the neighbours in terms of noise and disturbance or parking issues. The property is uninhabited and in a state of disrepair and its renovation would be of benefit to the area.

Foxhall Area Action Plan

Significant progress has been made with the Foxhall Area Action Plan, which is the most advanced of the Neighbourhood Documents being prepared. Consultation on the Preferred Option document was completed in August 2009; and there is an agreement by Cabinet Members that the Preferred Option proposals are a material planning consideration in the determination of future planning applications within the boundaries of the Area Action Plan.

The site is within Sub Area 5 (Guest House Clusters), where the Preferred Option document states:

“The Council plans to conserve, help to improve and promote the best traditional guesthouse streets in Blackpool. York Street, Coop Street and Bairstow Street have specifically been identified for this purpose and lie at the heart of a proposed new FoxhallVillage Conservation Area. Accreditation would be encouraged and the Council would work with owners to improve streets and properties. There would be an emphasis on the family market, creating guest house areas that are complementary to surrounding residential streets.”

Conversion to permanent residential use is not consistent with the Preferred Option, as it would result in an incremental change away from holiday accommodation that would undermine the character and viability of surrounding businesses; and set a precedent for similar development proposals to come forward, further compromising the efforts of creating vibrant guest house streets. The Foxhall AAP is consistent with broad spatial principles likely to emerge in the Core Strategy Preferred Option, whereby the Council is keen to maintain strong guesthouse streets, which would continue to be a fundamental part of Blackpool’s holiday accommodation offer.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION

N/A

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. In this instance, it is considered that those rights are not compromised by the proposal.

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

N/A

Recommended Decision: / Refuse

Conditions and Reasons

1. / The proposal would be contrary to saved Policy RR9 of the Blackpool Local Plan 2001 - 2016, which seeks to safeguard the character of main holiday areas, and the emerging Foxhall Area Action Plan (AAP). Conversion to permanent residential use would result in an incremental change away from holiday accommodation that would undermine the character and viability of surrounding businesses; and set a precedent for similar development proposals to come forward, further compromising the efforts of creating vibrant guest house streets.

Advice Notes to Developer

Not applicable

COMMITTEE DATE: 12/04/2010

Application Reference: / 09/1576
WARD: / Bloomfield
DATE REGISTERED: / 13/01/10
LOCAL PLAN ALLOCATION: / Resort Neighbourhood
APPLICATION TYPE: / Full Planning Permission
APPLICANT: / Mr MohammedSaghir
PROPOSAL: / Use of premises as single private dwellinghouse.
LOCATION: / 15 COOP STREET, BLACKPOOL, FY1 5AJ

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SITE DESCRIPTION

This proposal relates to a three storey, mid-terrace property on Coop Street, close to the junction with York Street and within "FoxhallVillage" resort neighbourhood. It is currently vacant (last utilised as three self-contained flats), within a densely populated area of mixed guesthouses, flats and private dwellings. There is a car park at the end of Coop Street, where there is currently an application for a block of residential flats (09/1548 refers).

Committee will have visited the site on 12th April 2010.

DETAILS OF PROPOSAL

The proposal is to convert the property to a single family dwelling by blocking off the internal access between this and 43 York Street. Some of the stud walls at upper floors would be removed to reduce the number of bedrooms from 8 to 6 larger ones and the first floor kitchen would also be removed. En-suite facilities would be retained and the ground floor layout with a kitchen, living room and toilet would not be changed. A very narrow yard would be retained to the rear, giving access to Back Shannon Street (alley-gated). No parking is available or proposed.

The property is attached to 43 York Street, which is also on this committee for consideration.

MAIN PLANNING ISSUES

If the lawful use of 15 Coop Street is holiday accommodation, the proposal would be contrary to Policy RR9 of the Local Plan (which seeks to safeguard the character of main holiday areas) and the emerging Foxhall Area Action Plan (AAP). There is permanent residential use on one side of the property (17 Coop Street), however recent Monitoring & Intervention in the Private Sector (MIPS) survey work carried out, shows that Coop Street and York Street contain a critical mass of properties in holiday accommodation use (and not a substantial concentration of residential uses) and therefore the criteria in Policy RR9 would not be fulfilled.

However, if the lawful use of 15 Coop Street is permanent residential use, there are no policy reasons to refuse this development.

There is no certificate of lawfulness relating to the last use as permanent flats, but the property was investigated in 2006 (06/8402 refers), when it was already in permanent residential accommodation in the form of four self-contained flats (with three permanents) and the property had been used as permanent accommodation on and off since July 2003 with never any holiday use. In the last two years it appears to have been used as a house for sleepers with shared facilities.

In the circumstances, it is not considered that Policy RR9 applies and there is no objection in principle to use as a dwelling.

The main issues therefore relate to the impact in terms of residential amenity and consistency with the emerging Foxhall AAP.

CONSULTATIONS

None

PUBLICITY AND REPRESENTATIONS

Neighbours notified 14/01/2010. No response received

NEARBY APPEALS

N/A

REGIONAL SPATIAL STRATEGY TO 2021

N/A

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

RR8Resort Neighbourhood

RR9Loss of holiday accommodation

HN5Conversions & subdivisions

BH3Residential and Visitor Amenity

EMERGING POLICY:

Core Strategy Preferred Option

Foxhall Area Action Plan

ASSESSMENT

Residential Amenity

With regard to Policy HN5, Bedrooms 5 & 6 are substandard and I have requested amended plans to amalgamate them into one larger bedroom (resulting in a 5 bed property). Otherwise, the proposed alterations would result in good quality living accommodation, with a layout appropriate to a dwelling. There is no rear yard area, so the use as a single dwelling would be preferable to flats in terms of private amenity space.

In terms of Policy BH3, the proposal would result in a family dwelling where previously there was multi-occupation which would have less impact on the neighbours in terms of noise and disturbance or parking issues. The property is uninhabited and in a state of disrepair and its renovation would be of benefit to the area.

Foxhall Area Action Plan

Significant progress has been made with the Foxhall AAP, which is the most advanced of the Neighbourhood Documents being prepared. Consultation on the Preferred Option document was completed in August 2009; and there is an agreement by Cabinet Members that the Preferred Option proposals are a material planning consideration in the determination of future planning applications within the boundaries of the Area Action Plan.

The site is within Sub Area 5 (Guest House Clusters), where the Preferred Option document states:

However, in this instance, the principle of permanent residential use has already been established. In which case, conversion into a single family dwelling, as opposed to multiple self-contained flats, would be preferred. Single occupancy would also make conversion into holiday accommodation easier to undertake should there be the demand in the future.

No.15 Coop Street is a small property, and consolidation with 43 York Street to form one guest house would be the preferred option in support of the emerging AAP. However in the absence of a firm proposal, the submitted scheme is considered acceptable, subject to satisfactory amended plans in relation to bedrooms 5 & 6 and I will report further on this issue in the update note.

LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION

N/A

HUMAN RIGHTS ACT

CRIME AND DISORDER ACT 1998

ADDITIONAL BACKGROUND DOCUMENTS

N/A

Recommended Decision: / Grant Permission

Conditions and Reasons

1. / The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 (as amended).
2. / The premises shall be used for permanent residential occupation and for no other purpose (including any other purpose in Class C3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or any Order revoking and re-enacting that Order).
Reason: To safeguard the living conditions of the occupants of nearby residential premises, in accordance with Policies RR2 and BH3 of the Blackpool Local Plan 2001-2016.

REASONS FOR RECOMMENDED DECISION

1 / The proposal has been considered in relation to Policies RR8, RR9, HN5, BH3 and LQ1 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.

COMMITTEE DATE: 12/04/2010

Application Reference: / 10/0185
WARD: / Layton
DATE REGISTERED: / 16/02/10
LOCAL PLAN ALLOCATION: / No Specific Allocation
APPLICATION TYPE: / Full Planning Permission
APPLICANT: / Mr CHart
PROPOSAL: / Erection of a car port with roller shutter door, close-boarded boundary fence on top of boundary wall and gate to the Lakeway frontage, with a 2.5 metres high close-boarded return fence.
LOCATION: / 29 RIVERSWAY, BLACKPOOL, FY3 8PD

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SITE DESCRIPTION

The application address is a two-storey semi-detached dwelling on the south side of Riversway, with a return frontage to Lakeway. A detached garage at the rear of the property was erected at the same time as the house and is accessed from Lakeway.

There is an unsurfaced and overgrown, pedestrian access way at the rear which appears unused but affords rear access to properties in Riversway and Newton Drive. The immediate area is wholly residential in character and there is a 'residents only' on-street parking scheme in place on Riversway and Lakeway.

It is expected the Committee will inspect the site on 12th April 2010.

DETAILS OF PROPOSAL

The development applied for has already been carried out and was the subject of a neighbour complaint and subsequent enforcement investigation last year, (case ref 09/8257). A formal report was prepared and site inspection by the Committee took place on 21st December 2009.

Following consideration of the issues, it was considered not expedient to take action in respect of the boundary fence but to require the removal of the car port and the roller shutter door.

The close-boarded fence is built on top of the original, 780 mm. high, brick-built boundary wall, for a length of about 16.5 metres along the Lakeway frontage of the site. The overall height is 2.0 metres above pavement level. The return section of the fence, between the boundary and the side of the house at right-angles to Lakeway, is 4.5 metres in length and has an overall maximum height of 2.5 metres above pavement level where adjoining the boundary.