Issue - meetings

19/00176/FUL - 25 Merrylees Industrial Estate, Leeside, Desford

Meeting: 28/05/2019 - Planning Committee (Item 19)

19 19/00176/FUL - 25 Merrylees Industrial Estate, Leeside, Desford pdf icon PDF 71 KB

Application for change of use from light industrial (B1) to a Dance Studio (D2).

 

Late items:

 

Introduction:- The application relates to the change of use of the building from a light industrial use (B1) to a Dance Studio (D2). The officer recommendation is to Refuse.

 

The applicant’s agent has made the following comments in regard to the officer report:

 

  • Policy DM19 does not define the term ‘exceptional’, the agent states that nevertheless that the circumstances which concern the applicant’s proposals, namely the ability for the applicant’s business to grow, the lack of sequentially preferable alternative locations; the ability for a much greater number of children and young people to undertake in sport and physical activity; and the fact that no employment premises would actually be lost, can be collectively considered as exceptional.
  • Employment generated by the proposed use would be similar to that of a B class use  and will continue to provide employment in this sector of the economy which is growing robustly;
  • The applicant has not claimed the use to be a community facility and therefore Policy DM25;
  • The proposal meets the criteria of policy 8 of the Core Strategy which supports the provision of facilities to meet the needs of Key Rural centres such as Desford;
  • A sequential test has been carried out with the following premises assessed (NB as the Dance studio serves predominantly members of the community in Desford, the search for potential premises has been restricted to Desford and the surrounding hinterland), all of which have found to be lacking with insufficient space, or time table space to meet the needs of the growing business.

 

Consultations:- No additional consultations have been made.

 

Appraisal:- The comments from the agent relate to the appraisal of the scheme which is fully documented within the officer report. The additional information provided in regard to the sequential test and the appraisal of sites that have been considered by the applicant and found to be unacceptable have been noted. However, this information is not sufficient and detailed for the local planning authority to be satisfied that a full sequential test has been undertaken and there are no available premises other than the site subject to this proposal.

 

The additional details provided by the applicant do not alter the assessment by officers or the recommendation to refuse.

 

Recommendation:- The officer recommendation remains to refuse.

Minutes:

Application for change of use from light industrial (B1) to a dance studio (D2).

 

Notwithstanding the officer’s recommendation that permission be refused, members felt that the dance school was a successful and growing business that provided an important community facility and should be supported and that it provided employment. They felt the circumstances surrounding the change of use were exceptional. Members suggested, however, that if the applicant should move the business away from the premises, the use should revert back to B1.

 

It was moved by Councillor Cartwright and seconded by Councillor Allen that permission be granted subject to conditions, including a personal condition, the detail of which be delegated to officers. Upon being put to the vote the motion was CARRIED and it was

 

RESOLVED

 

(i)            Permission be granted subject to conditions, including a personal condition requiring the cessation of the use when the premises ceases to be occupied by the applicant;

 

(ii)           Conditions be delegated to the Interim Head of Planning.