13.08/0125/FUL -Change of use from Class B1 Office to Class D1 Dental Practice at ELMCOTE HOUSE, THE GREEN, CROXLEY GREEN, HERTFORDSHIRE, WD3 3HN for DrRiaz Mohammed Qureshi

(DLE)

Parish: Croxley Green / Ward: Croxley Green
Expiry Statutory Period: 27 March 2008 / Officer: Miranda Struthers

1.Relevant Planning History

1.1This application is being considered by the Development Control Committee at the request of three Development Control Committee Members.

1.2The most relevant planning history for this application is as follows:

1.3W/1643/54/D16282 – Addition of office building at rear – Permitted 01.02.55.

1.48/766/81 – Office block - Refused 14.01.82 and dismissed at appeal 20.09.82.

1.595/0798 - Change of Use from offices to residential dwelling and offices -Permitted 21.03.96.

2.Detailed Description of Proposed Development

2.1This application seeks full planning permission for change of use of the existing building from office (B1 use class) to a dental surgery (D1 use class). No external or internal structural works are proposed as part of the application.It is anticipated that two rooms will be used as a dental surgery and that approximately 20 patients would be treated per day. It is proposed that the building would accommodate a dentist, two dental nurses and relevant support staff, equating to 5.5full time employees.

2.2The application site is a rectangular plot, sited behind adjoining dwellings which front the west side of The Green at Croxley Green. The site contains a large detached two storey, brick dwelling with tile hanging detail (occupied by the applicant). Linked to the rear of this building is a large single storey extension measuring approximately 515sqm which is currently in use as offices. The extension is comprised of red brick with a flat roof.

2.3The office extension is comprised of 12 office rooms, kitchen, lobby, boiler room, two store rooms and WC. At present the offices accommodate a total of two full time staff and two part time staff. The offices are occupied by a Clive.A.Burden Ltd, a company which specialises in antique maps, prints and books.

2.4There is a car park, immediately to the south of the office which has sufficient space to accommodate at least 15 vehicles. The car park is served by an access road that runs along the south boundary of the dwelling fromElmcote Way. To the west of the offices is a flat grassed area which is the garden for the dwelling, with access rights along the northern boundary of the office block.

2.5Boundary treatment for the site consists of dense, mature hedging to the south, west and north, effectively screening the site from neighbouring buildings. Beyond the site boundary lies residential development. In the immediate vicinity of the site, there are large detached dwellings set comfortably within their plots.

2.6In terms of planning policy designations, the site falls within Croxley Green Conservation Area.

3.Consultation

3.1Croxley Green Parish Council – no grounds for objection.

3.2Conservation Officer – no conservation objection to change of use.

3.3HertfordshireCountyHighways –no objection subject to appropriate conditions to control intensification of use.

3.4Hertfordshire Biological Records Centre – no response received.

3.5Site/Press Notice

3.5.1None required.

3.6Neighbourhood

3.6.1Number consulted: 18

Number of responses:1

3.6.2Summary of Representations: The existing access would not be adequate for regular vehicular traffic movements arising from a dentist use as it is a single track road on a dangerous bend.

4.Reason for Delay

4.1Not applicable.

5.Relevant District Plan Provision

5.1Policies GEN1, GEN1a, T7, T8, C1, E1and Appendix 1 of the Three Rivers Local Plan 1996-2011 together with “Parking At New Developments” SPG are relevant to this application.

6.Analysis

6.1The principle for change of use from office use (B1) to a dental surgery (D1) is considered to be acceptable in this location. The site is not a designated employment area and there are no current planning policies in the Three Rivers Local Plan 1996-2011 which seek to resist the loss of offices to other uses in primarily residential locations or restrict the introduction of D1 uses in these locations. Furthermore, the Employment Space Study (conducted by Roger Tym & Partners and King Sturge in January 2005) stated that there is an oversupply of office accommodation in Three Rivers so the loss of the office use is not considered to be problematic.

6.2The key considerations for this application are therefore whether the proposal for a change of use would have any detrimental impact on the character or appearance of the Croxley Green Conservation Area, the potential impact on the residential amenity of surrounding neighbours and the likely traffic impact to arise from the proposals.

6.3It should be noted that the current use of the building is operating under capacity. In considering the merits of the application, the potential for the existing office use to be intensified should also be taken into account. There are currently 3 employees on-site. It should be borne in mind that the site could be used more intensively as offices without the need for planning permission, if it was operating at capacity and planning records indicate that previously there were at least 20 employees on-site, when the whole of Elmcote House was in office accommodation. Based on the car parking provision at the site (18 spaces), it is reasonable to conclude that there could potentially be approximately 20 employees working in the building if retained in B1 use.

6.4Conservation Area Impact

6.4.1The Conservation Officer raises no objection to the proposals. Whilst the application does not involve any structural changes to the building,PolicyC1, criterion (iii) of the Three Rivers Local Plan 1996-2011 states that development should be acceptable in terms of impact on traffic generation and parking provision on townscape and the character of the Conservation Area.

6.4.2It is noted that the office extension is unsympathetic towards the original dwelling in terms of design and appearance, however as the extension has been in situ in its existing form since the mid 1950s it is not possible to raise an objection to the proposal on this basis. The site is not clearly visible from public view and is well screened from neighbouring uses by the mature hedges along the site boundaries. As such, it is considered that there would be no demonstrable harm arising in respect of the impact on the Croxley Green Conservation Area.

6.5Highways and Parking

6.5.1Hertfordshire County Highways have advised that they have no objection subject to the control of the intensification of the use.

6.5.2Parking at New Developments SPG (adopted March 2002) sets out the Council’s Parking Standards in respect of non-residential development. In accordance with these standards, surgeries and clinics require at least 3 spaces per consulting room and one space per employee other than consulting doctors/dentists. There are at least 15 car parking spaces within the site dedicated to the existing office use. As two rooms are proposed to be used as consulting rooms and a total of 4.5 full time staff would be employed (excluding dentists) the parking requirement would be for 11 spaces. The site therefore has more than sufficient space to accommodate this requirement.

6.6Residential Amenity Impact

6.6.1The residential amenity of adjoining residents is a key consideration and should not be unduly affected by the development. It is acknowledged that the proposed surgery use would generate additional vehicle movements in comparison to the current use, potentially resulting in noise and disturbance to neighbouring residents. However as noted above, if the office building was operating at capacity, vehicular movements would be greater than currently and this needs to be taken into account. At full capacity, the office use would generate additional movements at peak hours whilst the proposed surgery is likely to generate movements dispersed throughout the day.

6.6.2A dentist surgery would therefore generate a more continuous stream of vehicular movements on a daily basis with the potential for increased disturbance throughout the day. As proposed, the movements of 5.5 full time staff and 20 patients on a daily basis is not considered to result in significant disturbance so as to warrant refusal.

6.6.3If the dentist surgery was to expand its practice in the future, the intensification of the use may cause undue noise and disturbance. To ensure that any future expansion would not result in a harmful impact on the residential amenity of adjoining neighbours, conditions could be added to any permission, restricting the number of consulting rooms on-site to that proposed. Furthermore restricting the D1 use to a dental surgery specifically and restricting the hours of operation to normal office hours would also help to ensure that there would be no material harm arising in respect of residential amenity as a result of change of use of the building. Whilst the Local Planning Authority does not wish to restrict the potential growth of the business, expansion should not necessarily take place at the expense of the amenity of neighbours and these conditions are considered appropriate in this instance.

7.Design and Access Statement

7.1The submitted Design and Access Statement is brief but is considered acceptable as it reflects the scope and scale of the development proposed. As there would be no structural changes to the exterior or interior of the building and no alterations are proposed to the existing access, it is not necessary to submit a more detailed Design and Access Statement in this instance.

8.Recommendation

8.1That PLANNING PERMISSION BE GRANTED subject to the following conditions:-

C1The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990.

C2The premises shall be used as a Dental Surgery and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987), (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

REASON: In granting this permission the Local Planning Authority wishes to have the opportunity of exercising control over any subsequent alternative use to safeguard the residential amenities of the occupiers of neighbouring properties and in the interests of highway safety. This is accordance with Policies T7 and T8 of the Three Rivers Local Plan 1996-2011.

C3The use hereby permitted shall not operate other than between the hours of 0800 to 1800 Mondays to Fridays (inclusive) and between the hours of 0900 and 1300 on Saturdays and shall not operate at all on Sundays or Bank or National Holidays.

REASON: To safeguard the residential amenities of the occupiers of adjacent neighbouring properties and in accordance with PolicyGEN1 and Appendix 1 of the Three Rivers Local Plan 1996-2011.

C4There shall be no more than two consulting rooms and only one dentist may consult patients at the site at any one time, unless otherwise agreed in writing by the Local Planning Authority.

REASON: To ensure that there is no intensification of use on the site, in the interests of highway safety and the residential amenity of the occupiers of neighbouring properties and in accordance with PoliciesT7 andT8 of the Three Rivers Local Plan 1996-2011.

INFORMATIVE:

I1Subject to the conditions attached to this permission, the proposed change of use would be in compliance with Policies GEN1, GEN1a, T7 T8, C1, E1and Appendix1 of the Three Rivers Local Plan 1996-2011 together with Parking At New Developments SPG and would not have a significant adverse effect on the residential amenities of any neighbouring properties to such an extent to justify the refusal of planning permission, or otherwise result in demonstrable harm. There would be no significant adverse impact on the character or appearance of the Croxley Green Conservation Area.

I2The applicant is encouraged to incorporate energy saving and water harvesting measures when implementing this permission. Information is available from the Council’s Building Control Section, who may be contacted on 01923 727138, and on the website Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Control Section prior to the commencement of work.

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