Application Ref: / 3/2017/0640 /
Date Inspected: / 23/08/17
Officer: / Stephen Kilmartin
DELEGATED ITEM FILE REPORT: / APPROVAL
Development Description: / Change of use from A1 (retail) to A4 (drinking establishment) including internal alterations.
Site Address/Location: / 35 Moor Lane and 124 Lowergate Clitheroe BB7 1BE
CONSULTATIONS: / Parish/Town Council
No Objections
CONSULTATIONS: / Highways/Water Authority/Other Bodies
LCC Highways:
No objections.
CONSULTATIONS: / Additional Representations.
Three letters of objection have been received in respect of the application. One letter contains four signatories with another containing two. The nature of the objections raised are best summarised as follows:
- Anti-social behaviour
- No parking for staff/customers
- The premises is in a predominantly retails street and should be kept as such
- Impacts upon residential amenities
RELEVANT POLICIES AND SITE PLANNING HISTORY:
Ribble Valley Core Strategy:
Key Statement DS1 – Development Strategy
Key Statement DS2 – Sustainable Development
Key Statement DMI2 – Transport Considerations
Key Statement EN5 – Heritage Assets
Policy DMG1 – General Considerations
Policy DMG2 – Strategic Considerations
Policy DMG3 – Transport & Mobility
Policy DMR1 – Retail Development in Clitheroe
Policy DME4 – Protecting Heritage Assets
Policy DMB1 – Supporting Business Growth
Planning (Listed Buildings and Conservation Areas) Act
National Planning Policy Framework (NPPF)
Relevant Planning History:
No recent planning history directly relevant to the determination of the application.
ASSESSMENT OF PROPOSED DEVELOPMENT:
Site Description and Surrounding Area:
The application relates to 35 Moor lane, the building is a dual fronted property having frontages that address both Moor Lane and Lowergate. The premises are located within the Clitheroe Conservation Area and the defined Clitheroe Principal Shopping Frontage.
The primary (Moor Lane) elevation is two storey in height, benefitting from a traditional timber shop frontage with twin timber sliding sash windows to the first floor.
The secondary (lowergate) elevation is 2.5 storeys in height with a dormer within the roofspace, the elevation also befits from two windows and a door at ground floor and two three windows at first, two of which being separated by a central mullion. All windows and doors are of timber construction with the paring being of sliding-sash design and the others benefitting from an outward top-opening arrangement.
Proposed Development for which consent is sought:
Consent is sought for the change of the premises from A1 (retail) to that of A4 (Drinking Establishment). The submitted details propose that the primary entrance for patrons will be off Moor lane, with the Bar area being located on the ground floor. It is further proposed that a disabled wc and two bathroom cubicles will be installed on the ground floor. The lower ground floor will be used for the purposes of storage and additional bar space with the first floor area accommodating an office and store.
The submitted details at this stage do not propose any exterior alterations.
Impact upon Character/appearance of Conservations Area:
Given the submitted details do not propose any external alterations it is not considered that the granting of consent would result in any detrimental impact upon the character or appearance of the Conservation Area. The applicant has indicated there may be the need to replace a number of windows in the property but no details have been submitted in respect of this matter, taking this into account conditions will be attached to the application requiring details of all replacement windows to be submitted prior to installation.
Principle of Development:
Policy DMR1 of the Adopted Core Strategy States that ‘within the principal shopping frontage of Clitheroe, as defined on the proposals map, the only new uses considered appropriate at ground floor level will be uses included in class A1 of the town and country planning (use classes) order 2006 and use for the sale of food or drink for consumption on the premises.’
In this respect the application is considered to be in broad accordance with the adopted Development Plan insofar that the proposed A4 use is considered compatible with the policies that seek to control uses within the Principal Shopping Frontage of Clitheroe.
Impact Upon Residential Amenity:
There are a number of residential properties to the rear of the premises on the opposing side of Lowergate, in this respect due consideration must be given to the potential impacts upon residential amenities as a result of activities associated with the proposed change of use.
Following discussions with the applicant/agent it has been confirmed that the door fronting Lowergate will solely be used for the purposes of receiving deliveries and for the purposes of escape in the event of fire, such matters will be controlled through the imposition of condition due to the proximity of residential properties.
A number of the windows on the rear elevation of the property will benefit from a direct outlook which overlooks the residential properties to the rear. In this respect it is considered imperative that measures to protect the privacy and amenities of existing neighbouring occupiers are secured and such matters will be required to be submitted prior to the use first becoming operational.
The Councils Environmental Health Department have raised concerns in respect of potential noise transference to nearby residential properties. In respect of this matter conditions will be attached to the consent that requires the applicant/agent undertake and submit a noise assessment in respect of the potential transference of sound to nearby dwellings, it will be required that such an assessment also include details of proposed sound mitigation where required.
Visual Amenity/External Appearance:
Given the submitted details do not propose any external alterations it is not considered that the granting of consent would result in any detrimental impact upon the character or appearance of the Conservation Area.
The applicant has indicated there may be the need to replace a number of windows in the property but no details have been submitted in respect of this matter, taking this into account conditions will be attached to the application requiring details of all replacement windows to be submitted prior to installation.
Observations/Consideration of Matters Raised/Conclusion:
It is for the above reasons and having regard to all material considerations and matters raised that I recommend accordingly.
RECOMMENDATION: / That planning consent be granted subject to the imposition of condition.