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18/P/01978 – 148 Send Road, Send, Woking 1
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App No: 18/P/01978 8 Wk Deadline: 11/01/2019
Appn Type: Full Application Case Officer: Becky Souter Parish: Send Ward: Send Agent : Applicant: Mr Tubb
54 Waltham Avenue Guildford GU2 9QE
Location: 148 Send Road, Send, Woking, GU23 7EZ Proposal: Change of use from A1 to mixed A1 and A4 use to operate a micropub
with takeaway facility.
Executive Summary Reason for referral This application has been referred to the Planning Committee because more than 10 letters of objection have been received, contrary to the Officer's recommendation. Key information
Existing use: A1
Proposed use: A1/A4
The site is located within a designated Local Shopping Centre.
No external changes proposed. Summary of considerations and constraints The proposal is for the change of use from a retail shop (A1) to shop/micropub (A1/A4). The main considerations relate to the impact of the proposal on residential amenity, clustering of uses and highways/parking.
RECOMMENDATION: Approve - subject to the following condition(s) and reason(s) :-
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51(1) of the Planning and Compulsory Purchase Act 2004.
2. The development hereby permitted shall be carried out in accordance with the following approved plans: Unnumbered Site Location Plan and Unnumbered Block Plan received on 15/10/2018 and 1875 received on 23/10/2018. Reason: To ensure that the development is carried out in accordance with the approved plans and in the interests of proper planning.
3. No deliveries shall be taken at the site except between the hours of 08:00 to 18:00 Monday to Saturday. No deliveries are to be taken at the site on Sundays or Public Holidays. Reason: To safeguard the residential amenities of neighbouring properties.
Informatives:
1. This statement is provided in accordance with Article 35(2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. Guildford Borough Council seek to take a positive and proactive approach to development proposals. We work with applicants in a positive and proactive manner by:
Offering a pre application advice service
Where pre-application advice has been sought and that advice has been followed we will advise applicants/agents of any further issues arising during the course of the application
Where possible officers will seek minor amendments to overcome issues identified at an early stage in the application process
However, Guildford Borough Council will generally not engage in unnecessary negotiation for fundamentally unacceptable proposals or where significant changes to an application is required. Pre-application advice was not sought prior to submission and the application was acceptable as submitted.
2. If you need any advice regarding Building Regulations please do not hesitate to
contact Guildford Borough Council Building Control on 01483 444545 or [email protected]
Officer's Report Site description. The application site relates to a commercial unit located in Send. The site is currently located within the green belt and inside an identified settlement area, however, under the new local plan the site will be inset from the green belt. The unit is located at the eastern end of a parade of shops, on a slip road, off the main road through Send. The unit currently has an A1 use and was in operation as a shop but at present is empty.
The parade is designated as a Local Shopping Centre. The parade is made up of two, two storey blocks, consisting of a mix of A1, A3 and A5 uses on the ground floor with residential units above. The parade is bisected by Send Parade Close which provides a rear access to the shop units, garages and a pair of semi-detached bungalows. Residential properties are also located immediately adjacent to the application premises, to the west. Proposal. Change of use from A1 to mixed A1 and A4 use to operate a micropub with takeaway facility. Relevant planning history. Reference: Description: Decision
Summary: Appeal:
18/P/01979 Display of one externally illuminated
fascia sign. Approval
N/A
Consultations. Statutory consultees Surrey County Council Highways: The County Highway Authority has undertaken an assessment in terms of the likely net additional traffic generation, access arrangements and parking provision and are satisfied that the application would not have a material impact on the safety and operation of the adjoining public highway. The County Highway Authority therefore has no highway requirements. The proposal is located in close proximity to local bus services. There is on-street parking available directly outside the proposed premises and in the surrounding streets. The change of use from A1 to mixed A1/A4 could give rise to a slight increase in vehicle movements but this increase will not result in a severe impact on the surrounding highway network. Internal consultees Environmental Health: Recommend that the conditions covering opening hours and deliveries are attached to any permission. [Officer note: Opening hours would be covered by the Council's Licensing Team.] Parish Council Send Parish Council: Objection.
There are already two takeaway facilities in the parade and a popular well used cafe.
There is limited parking which is always busy and in the evenings the area is used by residents.
Deliveries to these premises could also prove an obstacle in the narrow roadway (these are to be controlled by condition).
The opening times described in this application are excessive.
Noise concerns and anti-social behaviour.
Inaccuracies with regard to facilities for waste.
Third party comments: 11 letters of representation have been received raising the following objections and concerns:
The proposal promotes noise pollution and damage to the local area as vitriol and unruly behaviour come with a business that sells alcohol.
The opening of a pub promotes alcoholism and will be a detriment to the public's health.
The area already benefits from 5 licensed premises.
The proposal is next to the Recreation Ground which hosts youth football and this isn't the right form of business.
The noise levels would be detrimental to residential amenity.
Parking issues.
The size of the venue is so small the customers will spill out onto the path outside.
It will be unacceptable to have large or small groups drinking outside as this will impact on neighbours, passing children and customers to nearby trades.
Associated anti-social behaviour.
The proposal is detrimental to the area, which is already oversubscribed by takeaways, restaurants, cafe in a confined area with limited parking.
Limited public transport serving the area.
A sign advertising it as a drinking establishment/takeaway facility will inevitably attract passing traffic which will exacerbate parking problems.
The pub is likely to start putting tables out in the area to the front of 148. [Officer note: This would require a planning application as it represents a change of use of highway land.]
It is predominantly a residential area [Officer note: The site is located within a designated Local Shopping Centre.]
It is not defined what form of takeaway food will be on offer.
The proposal would generate a significant amount of litter. 1 letter of support has been received outlining the following positive comments:
The proposed establishment is not a pub in the traditional sense.
A micro pub promotes community spirit and is often the centre of community involvement and a meeting place.
The size of the premises indicate that this is not going to be a place for large gatherings or hordes of revellers.
No argument about littering or excessive noise from the type of business as this is not the type of business or trade.
The proposed business is not in conflict with any other establishment in the village as its trade is bespoke, craft beverages which are not available anywhere else and may actually increase custom to the other retail units due to the lack of conflict.
Planning policies.
National Planning Policy Framework (NPPF), 2018: Chapter 6: Building a strong competitive economy. Chapter 12: Achieving well-designed places.
Guildford Borough Local Plan 2003 (as saved by CLG Direction 24 September 2007): G1 General Standards of Development G5 Design Code S9 Local Shopping Centres RE2 Development Within the Green Belt RE3 Identified Settlements in the Green Belt Supplementary Planning Documents: Guildford Borough Council Parking Standards, 2006. Vehicular and Cycle Parking Guidance, 2018. Emerging Local Plan: The emerging Guildford Borough Local Plan: Strategy and Sites (the Plan) is at an advanced stage of preparation. The Plan was submitted to the Secretary of State for Local Government on 13 December 2017 for examination in public, initial hearings have now taken place. The Plan has initially been found sound subject to modifications and therefore the Plan as submitted carries considerable weight.
Policy E9: Local Centres and isolated retail units Planning considerations. The main planning considerations in this case are:
the principle of development
the concentration of uses
the impact on neighbouring amenity
highways/parking issues
the impact on the character of the area The principle of development The existing commercial unit is in an A1 use and this application seeks to change the use to a mixed A1 and A4 use. The site is located within a designated Local Shopping Centre. Policy S9 protects shopping area uses (Class A) at ground floor level and is specific only on changes of use from shops (A1) to use for financial and professional services (Class A2) and/or food and drink (Class A3) and remains silent on A4 uses. Under the emerging Local Plan the application site lies within an area designated as a rural Local Centre and as such Policy E9 is applicable. Paragraph 8 of Policy E9 sets out that 'Within the Local Centres shown on the Policies Map, proposals for change of use of an A1 retail use at ground floor to another A Class use will be permitted where all of the following criteria are met: (a) the proposal will not result in a concentration of such uses that would be harmful to the local centre's vitality and viability and (b) the proposal will not result in loss of amenity in terms of noise, disturbance, smell, litter or traffic generation and (c) the proposal will not prejudice the character and appearance of the local centre and its immediate environment'.
Therefore, the principle of development is acceptable, subject to the proposal being compliant with criteria (a), (b) and (c), assessed below. The concentration of uses There are seven commercial units in operation along this shopping frontage and these comprise of 4 x A1 units, 2 x A3 units and 1 x A5 unit, the proposal would result in the mix being changed to 3 x A1 units, 1 x A1/A4 unit, 2 x A3 units and 1 x A5 unit. The retention of an A1 use and the lack of any other A4 uses within this immediate shopping parade clearly demonstrates that the proposal would not result in any clustering or concentration of uses. Therefore, the proposal is acceptable in this regard and compliant with policy E9 of the emerging Local Plan. The impact on neighbouring amenity The closest residential property is the first floor flat above the neighbouring commercial unit, currently occupied by a takeaway vendor, there is no first floor to the commercial unit to which this application relates. The residential properties opposite the site are set over 30 metres from the front of the unit and separated by Send Road. The site adjoins the recreation ground to the south east. It is of note that there is a Public House in the locality in much closer proximity to residential dwellings than this proposed 'micro-pub'. The business would not involve the use of any commercial cooking equipment with only a small kitchen area and as such no ventilation of extraction equipment is required. The Environmental Health Department have assessed the proposal in terms of its impact on the likely generation of noise levels. Concern was initially raised regarding the proposed opening hours, given the proximity of nearby residential units as the operation of a 'micropub' could cause noise and disturbance to residential accommodation on the neighbouring overlying floors. However, subject to appropriate conditions recommended by the Environmental Health Officer which secure reduced opening hours and set delivery times, no objection is raised. It is of note that there is environmental legislation in place to protect neighbours from statutory noise nuisance, should it occur. As part of the regulatory control involved, the applicant will be required to obtain a licence to sell alcohol. This licence would control matters such as noise, anti-social behaviour and opening hours. Therefore, a condition securing reduced opening hours is not considered appropriate in this instance as this will be controlled by another regulatory function. The Planning Practice Guidance is clear that planning conditions should not impose such conditions if they will be covered afterwards by other legislation. As such, it is only considered appropriate to condition delivery times. Therefore, owing to the small scale nature of the unit, its location and the positioning of the surrounding residential dwellings, the proposal is not considered to have any unacceptable impact on neighbouring amenity and is found to be compliant with policy G1(3) of the Guildford Borough Local Plan, 2003 (as saved by CLG Direction on 24/09/2007), E9 of the emerging local plan and the requirements of the National Planning Policy Framework (NPPF), 2018. Highways/parking considerations The Guildford Borough Council parking standards set out a requirement for 1 parking space per 6 square metres of floor area for A4 drinking establishments, the total floor area of the commercial unit is approximately 64.7 square metres and as such the maximum requirement for parking would equate to 10 parking spaces based upon the parking standards document.
There is a parking area to the front and side of the unit which is for the use of customers visiting the commercial units and this includes a number of parking spaces, more than the requirement set out in the parking standards. It is of note that the Surrey County Council recommended Vehicular and Cycle parking guidance for parking standards lists A4 uses as requiring an individual assessment and justification and as such is not as specific to the 1 space per 6 sq m. Given the nature of the business, its scale, location and the availability of parking in the area, the proposal would not have any detrimental impact on parking provision in the area. The County Highway Authority has raised no objection in this regard, therefore, the proposal is found to be compliant with policy G1(1) of the Guildford Borough Local Plan, 2003 (as saved by CLG Direction on 24/09/2007). The impact on the character of the area The proposal does not detail any external changes to the building at present and as such the proposed development will not have an adverse impact on the character of the area, or the scale and character of the existing building and accordingly, the proposal would comply with policy G5 of the Guildford Borough Local Plan, 2003 (as saved by CLG Direction on 24/09/2007) and the requirements of the NPPF. Conclusion. The proposal has been assessed in line with Policies G1, G5 and S9 of the Guildford Borough Local Plan (2003), the Council's Emerging Local Plan, the NPPF (2018) and all other material considerations. The principle of the proposed change of use is considered to be acceptable. The proposal would respect the character of the area, would not result in a detrimental impact on residential amenity of the neighbouring residents or additional parking or traffic problems and would not result in a clustering of similar uses. For these reasons, the application is acceptable and is therefore recommended for approval. All objections raised have been taken into consideration, however both the Surrey County Council Highways team and the Environmental Health Team raise no objection to the development as appropriate mitigation measures could be used to prevent any detrimental impacts.
