The Applicant Has Failed to Submit a Sequential Test to Show There Are No Suitable Locations
Application Ref: / 3/2017/0975 /
Date Inspected:
Officer: / AB
DELEGATED ITEM FILE REPORT: / APPROVAL
Development Description: / Change of use from light industrial (B1) to personal training and wellness facility (D2). Resubmission of application 3/2017/0975.
Site Address/Location: / Unit 13 Mitton Road Business Park Mitton Road Whalley BB7 9YE
CONSULTATIONS: / Parish/Town Council
Application noted.
CONSULTATIONS: / Highways/Water Authority/Other Bodies
LCC Highways:
Concern regarding the lack of parking provision for the proposed development which would place additional demands on the limited availability for the other tenants on the site which may see a migration of parking onto Mitton Road.
CONSULTATIONS: / Additional Representations.
One letter of objection has been received which alleges a number of omissions and false representations within the application form. It is claimed that the mezzanine floor is sub-let to a personal trainer who runs separate classes and personal training sessions. The objection letter also raises concerns regarding on-site parking and class sizes.
RELEVANT POLICIES:
Ribble Valley Core Strategy:
Key Statement DS1 – Development Strategy
Key Statement DS2 – Sustainable Development
Key Statement EC1 – Business and Employment Development
Key Statement EC2 – Development of retail, shops and community facilities and services
Policy DMG1 – General Considerations
Policy DMG3 – Transport and Mobility
Policy DMB1 – Supporting Business Growth and the Local Economy
National Planning Policy Framework
RELEVANT PLANNING HISTORY:
3/2015/0235 - Proposed demolition of existing commercial premises and construction of 4 no. small industrial buildings to house 21 starter units of approx. 70sq m per unit, site access improvements and extensive new tree planting. Approved with conditions.
3/2015/0966 - Proposed additional floor space and changes to the layout of building D. Approved with conditions.
3/2015/1034 - Variation of conditions 2 (Approved Plans) 4 (Acoustics Report) and 5 (Soundproofing) of planning permission 3/2015/0235. Conditions to be varied so that they are discharged prior to occupation rather than prior to commencement. Approved with conditions.
3/2017/0432 - Change of use from light industrial (B1) to personal training and wellness facility (D2). Refused
ASSESSMENT OF PROPOSED DEVELOPMENT:
Proposed Development for which consent is sought:
This is a re-submission of a planning application that was refused on the 19th July 2017. The application seeks retrospective consent for the change of use of an industrial building (B1) to a personal training and wellness facility (D2) atUnit 13 Mitton Road Business Park, Mitton Road, Whalley. The use has been in operation for a period of around 6 months. The unit which is the subject of this application lies within a small complex of light industrial starter units which is located on the east side on Mitton Road to the north of the settlement of Whalley. The re-development of the site for industrial units was approved in 2015 and the units have now been completed. Outline consent has been granted to extend the industrial site to the south.
Unit 13 is the middle unit of the easternmost industrial building which contains units 11-15. The unit is open plan at ground floor with a WC and there are steps up to a mezzanine level above. The unit’s floor space totals around 94sqm with the ground floor to be used as a personal training area and the mezzanine as a spinning studio. There are no changes proposed to the external appearance of the building.
The previous application, ref.3/2017/0432, was refused for the following reasons:
- The proposed development would result in the loss of employment floor space and fails to provide sufficient evidence of marketing for traditional employment uses contrary to the requirements of Core Strategy Policy DMB1.
- The applicant has failed to submit a sequential test to show there are no suitable locations available within or on the edge of Whalley and Clitheroe for the main town centre use proposed as required by paragraph 24 of National Planning Policy Framework.
- The proposed development would be more likely to generate car travel and would result in unacceptable levels of vehicular parking during the daytime that would conflict with the parking requirements of the rest of the estates tenants contrary to Core Strategy Policies DMG1 and DMG3.
Observations/Consideration of Matters Raised/Conclusion:
The main considerations in determining this application are the principle of the development, the impact of the development on the amenity of the area and its effect on highway safety. Each of these considerations are discussed below.
Principle of Development
The Ribble Valley Core Strategy highlights the limited number of employment opportunities available in the Borough, which results in a high level of daily out commuting to access employment opportunities. Key Statement EC1 ‘Business and Employment Development’ directs employment development towards the main settlements of Clitheroe, Whalley and Longridge as preferred locations to accommodate growth.Policy DMB1 offers general support to economic development but places a series of tests on the re-use/conversion of established employment land for other uses (taken here to be none B1 to B8 uses). Within that policy there is a test relating to marketing for a minimum period of six months to ascertain whether the unit has any commercial future. Given that this unit is one of several such units that have only recently been developed on this site it would be surprising if such a test were to reveal no realistic commercial B1 to B8 interest.
The industrial units at Mitton Road Business Park aim to provide additional employment floor space for traditional ‘B’ use classes, specifically B1(c) light industrial which is considered acceptable in this location due to its proximity to the A59 corridor. It is noted that the applicant’s existing business has resulted in some employment generation (currently 1 FTE and 1 PTE) and would contribute to the local economy. There are no internal or external changes that would prevent the use of the building for B class uses in the future. However, the protection of existing units for business and industrial purposes is an important policy objective. Whilst the personal training and wellness facility would occupy only a small floorspace area, the approval of this application it may lead to the submission of similar applications and would make it more difficult for the Council to resist them given the precedent set.
The application is supported by some evidence of marketing of the unit and there are concerns with granting consent to none B1 to B8 uses given the limited time that units at Mitton Road Business Park have been completed and available for occupation. The supporting text submitted with the application states that there has been some commercial B1 to B8 interest in the unit and that the last units at the site have now been rented out. The change of use of this unit to a PT and training facility (D2) would prevent a traditional employment usefrom occupying the premises.It must also be noted that an application to extend the industrial estate onto adjacent agricultural land has been recently approved. As part of that application a Market Demand Commentary (dated July 2016) was submitted which indicated that there was a high level of demand locally from various small businesses and trades people. The evidence underpinning the Core Strategy indicates that some employment land (B1 to B8 uses) is needed in the Borough and in the Whalley area, given that the Sidings Industrial Estate in Whalley is at or very near capacity. It is considered however that the proposed use would not significantly erode the overall use of the site for employment purposes and could serve as an ancillary use to the wider business park, catering to employees of the other surrounding businesses.
Health and fitness centres are included in the definition of main town centre uses contained in the NPPF. The application site is located in the Open Countryside adjacent to Calderstones, a less sustainable Tier 2 village, and approximately 1 mile from the centre of Whalley. Given its location there is a requirement for the applicant to submit a sequential test. The sequential test guides main town centre uses towards town centre locations first, then, if no town centre locations are available, to edge of centre locations, and, if neither town centre locations nor edge of centre locations are available, to out of town centre locations, with preference for accessible sites which are well connected to the town centre. The sequential approach requires a thorough assessment of the suitability, viability and availability of locations for main town centre uses.
The application is supported by a sequential test. The sequential test submitted by the applicant considers potential sequentially preferable sites within Clitheroe and Whalley allowing for a reasonable degree of flexibility and that is broadly the size of the application building. The sequential test found no suitable, viable and available sites within the catchment area to accommodate the applicant’s business and the Council’s Policy and Regeneration Officers are satisfied that the sequential test has been satisfied.
Whilst the change of use would reduce the potential for further employment generation in an area where such opportunities are limited, the business would contribute to the local economy and there are no other suitable, viable and available premises available in the locality. Taking into account the above, it is considered that the planning balance tilts towards the acceptability of the proposal and as such the change of useis supported.
Impact on the amenity of the area
It is considered unlikely that the proposed use would result in an unacceptable adverse impact on the nearest residents as the existing business has been operating from the application building for a period of 6 months without complaint from any residential occupants. Whilst the proposals would result in some vehicle movements within 20 metres of the nearest resident property from 6am on weekdays and 7am on Saturdays, it is not thought that the volume and nature of traffic would adversely affect the amenity of residents, particularly given the proximity of the dwellings to Mitton Road which would currently generate some background road noise.
There are some concerns regarding the impact of noise on adjacent noise-sensitive commercial units. The noise impact of the proposed use on adjacent businesses must be considered.However, in this case it is noted that there have been no complaints made to the Council and the Council’s Environmental Health Section have raised no concerns.
Given the nature of the business it is likely that amplified music would be played within the premises. It is recommended that noise levels do not exceed 40 dB(A) leq 5mins when measured at or beyond the site boundary to safeguard the amenity of the area and that windows and doors remain closed when amplified music is played. Given the nature of other uses within Class D2 (such as music venues and dance halls) I consider it necessary to restrict the use to a personal training facility only.
Highway Safety and Parking
The site is approximately 1 mile from the settlement of Whalley and 5 miles from Clitheroe. Due to its location the majority of users would be likely to travel to the site by private motor vehicle. It is noted however that there is a bus stop outside the site and the site is therefore accessible by public transport.
There are concerns regarding the parking requirements of the proposed use during the daytime. Based on the timetable of classes supplied by the applicant there are a number of groups exercise classes (of up to 10 participants)that take place 08.00-10.45 Monday to Friday. Unit 13 has only two dedicated parking spaces. There are also 11 visitor parking spaces provided at the site.
The County Highways Surveyor does not think the site would suit the operational needs of the business as at certain times the visitor parking for the estate would be occupied by one tenant. On this basis the County Highways Surveyor raises an objection to the proposed change of use as it would conflict with the parking requirements of the rest of the estates tenants.It is considered however that a planning condition should be imposed which requiresthe units operation during normal working hours (8am to 6pm weekdays and 9am to 12 noon Saturdays)to berestricted to one-on-one personal training sessions. Group classes (of up to 10) would be able to operate during the hours 6am to 8am and 6pm to 8.30pm weekdays and 7am to 8am Saturdays when the other units on site are closed and the visitor parking spaces would be free for use. This imposition of this condition has been fully considered by the applicant who agrees to this conditional requirement given that without it the application would likely be refused.
Conclusion
The application is accompanied by letters of support and a petition for the continued use of the unit as a personal training and wellness facility. Unfortunately these cannot be given material weight in the determination of the application unless the letters raise material planning matters that weigh in favour of the development.
Taking into account the above, the proposals would result in a loss of employment floor space contrary to the Council’s strategic objectives and Core Strategy Policy DMB1 which aims to support the local economy. However, the unit comprises less than 100sqm of floor space and would not result in a significant loss of employment land. Furthermore, the D2 use would generate some employment for the applicant who has also provided supporting information which demonstrates there is a lack of available units for this type of use in the local area. This view is further supported by the number of recent change of use planning applications for similar leisure uses at industrial estate. Accordingly, it is recommended that the application be approved subject to conditions.
RECOMMENDATION: / That planning consent be approved.