Agenda item

Application for change of use from cinema (sui generis) to 40 one-bedroom apartments (use class C3) with associated car parking and landscaping.

 

Late items received after publication of main agenda:

 

National Planning Policy Framework (NPPF) Revisions

 

Importantly, the revised wording of Paragraph 125(c) of the NPPF states [amendments in bold]:

 

“Planning decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs, proposals for which should be approved unless substantial harm would be caused, and support appropriate opportunities to remediate despoiled, degraded, derelict, contaminated, or unstable land.”

 

In relation to Paragraph 11(d)(ii) of the NPPF (2024), key policy Paragraphs 84 (isolated homes) and 91 (main town centre uses) do not apply to this development.

The development provides a mix of affordable housing that meets identified local needs and so is in accordance with key policy Paragraph 66 (housing mix) of the NPPF (2024).

 

As highlighted by Paragraphs 8.5 and 8.59 of the Committee Report, the application site is within the identified settlement boundary of Hinckley in a sustainable location in transport terms. Therefore, the proposal is compliant with the sustainability ambitions of key policy Paragraphs 110 (sustainable travel) and 115 (assessing sites) of the NPPF (2024).

 

Paragraphs 8.32 and 8.56 of the Committee Report confirm that the scheme ensures that the existing building continues to contribute positively to the character and heritage significance of the Hollycroft Conservation Area, and the proposal does not result in any significant adverse impacts of the residential amenity of neighbouring residents or the future occupants of the scheme. As a result, the proposal is compliant with key policy Paragraphs 129 (making efficient use of land), 135 (criteria for achieving well-designed places) and 139 (balancing design considerations) of the NPPF (2024).

 

Given that the Council can no longer demonstrate a 5YHLS, further weight should be given to this application’s provision of 40 dwellings.

 

The revisions to the NPPF have altered the paragraph numberings referenced in the committee report. The paragraphs which have been revised in the latest edition of the NPPF, which have been included within the committee report are detailed below:

 

·                                            Paragraph 70 of the NPPF is now Paragraph 73.

·                                            Paragraph 205 of the NPPF is now Paragraph 212.

·                                            Paragraph 206 of the NPPF is now Paragraph 213.

·                                            Paragraph 212 of the NPPF is now Paragraph 219.

·                                            Paragraph 225 of the NPPF is now Paragraph 232.

 

Planning History

 

The application reference for the previous planning application within the site highlighted at Paragraph 4.1 of the Committee Report is incorrect. The application reference is 16/00503/FUL. The scheme was not determined and returned back to the Applicant on 29 March 2018 due to their failure to agree to an extension of time or to progress the application forward since 24 July 2017.

 

Conditions

 

On 04 December 2024, the Applicant submitted revised plans for the Proposed Site Plan, Proposed OS Plan and the Proposed Landscaping Layout to ensure Parking Bay 01 is 3m in width. In light of revised plans, Condition 2 (Approved Plan) has been amended to secure these plans.

 

Therefore, the amendments are highlighted in bold:

 

“2.       The development hereby permitted shall not be carried out otherwise than in complete accordance with the submitted application details received by the Local Planning Authority as follows:

 

·                Existing Elevations 07B                                              (submitted: 08.11.2024)

·                Existing First Floor Layout                              (submitted: 22.07.2024)

·                Existing Ground Floor Layout                                     (submitted: 22.07.2024)

·                Existing Second Floor Layout                                    (submitted: 22.07.2024)

·                Existing Roof Layout 20D                               (submitted: 06.11.2024)

·                Existing Third Floor Layout                             (submitted: 22.07.2024)

·                Proposed Access Drawings (HAS/23-071)    (submitted: 11.03.2024)

(Rev C)                                                                    

·                Proposed Demolition and Maintenance         (submitted: 08.11.2024)

Elevations 15                                                           

·                Proposed Demolition Ground Floor Plan 17A            (submitted: 06.11.2024)

·                Proposed Elevations 08E                               (submitted: 08.11.2024)

·                Proposed First Floor Plans 02D                     (submitted: 06.11.2024)

·                Proposed Fourth Floor Plan 01E                    (submitted: 08.11.2024)

·                Proposed Ground Floor Plan 01 (Rev F)       (submitted: 26.11.2024)

·                Proposed Landscaping Layout 10C                       (submitted: 04.12.2024)

·                Proposed OS Plan 09B                                (submitted: 04.12.2024)

·                Proposed Replacement Window Details 28C            (submitted: 06.11.2024)

·                Proposed Roof Layout 16C                            (submitted: 08.11.2024)

·                Proposed Second Floor Layout 03D              (submitted: 06.11.2024)

·                Proposed Site Plan 06C                               (submitted: 04.12.2024)

·                Proposed Third Floor Layout 04D                  (submitted: 06.11.2024)

·                Site Location Plan 23-848-09                         (submitted: 05.12.2023)

 

Reason: To ensure a satisfactory form of development in accordance with Policies DM1 and DM10 of the adopted Site Allocations and Development Management Policies Development Plan Document (2016).”

 

The Applicant agreed to the planning conditions and the planning obligations on 04 December 2024.

 

Cinema Theatre Association (CTA)

 

On 06 December 2024, the Cinema Theatre Association (CTA) made comments in support of the application. The CTA stated the following:

 

“Hello: We are the Cinema Theatre Association, the national focus of expertise on historic cinemas. We have been concerned with the case of the important Danilo cinema for some years, and have been in touch with your Conservation Officer, Paul Grundy. We welcome this latest version of the scheme: it is clear that Paul has negotiated well to retain the distinctive brick walls and massing of the original cinema. The quarter-circle entrance feature is unique in the UK, based on an original design in Berlin, and it is good this will be retained as the entrance foyer to the flats. Careful treatment of the window openings on the Trinity Lane frontage is also important. Overall, we support the scheme.”

 

Local Highway Authority

 

On 11 December 2024, the Local Highway Authority welcomed the removal of the proposed club scheme and were content with the provision of 40 ‘Cardiff’ stye cycle racks and 10 ‘Sheffield’ style cycle racks within the site. Overall, the Local Highway Authority advised that the impacts of the development on highway safety would not be unacceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe. Based on the information provided, the Local Highway Authority did not consider the development to conflict with Paragraph 115 of the National Planning Policy Framework, subject to four conditions and planning obligations for travel packs and two six-month bus passes per apartment.

 

Summary

 

Since the publication of the committee report:

 

To summarise, whilst changes have been made to national planning policy to boost the supply of housing, these amendments are not considered to materially alter the planning balance of the Committee Report or the recommendation to approve this development in these site-specific circumstances in accordance with Paragraph 11(d) of the NPPF (2024).

 

·                Changes to the NPPF have been made which give further weight to the provision of housing, substantial weight to the utilising brownfield sites to meet housing needs and highlight key policies that must be regarded within the determination of planning applications subject to the ‘tilted’ balance.

 

·                Amended plans have been received to address the Local Highway Authority’s concerns.

 

·                The Local Highway Authority did not consider the scheme to have a significant adverse impact on highway safety or the road network.

 

·                The Cinema Theatre Association made comments in support of the application.

 

These updates and material considerations are not considered to materially alter the planning balance of the Committee Report or the recommendation to approve this development in these site-specific circumstances in accordance with Paragraph 11(d) of the NPPF (2024).

Application for change of use from cinema to 40 one-bedroom apartments with associated car parking and landscaping.

 

Two objectors and the applicant spoke on this application.

 

Members expressed concern about the lack of parking provision on the site which would exacerbate the on-street parking problems in the area. It was moved by Councillor Bray and seconded by Councillor Allen that the application be deferred to allow for further discussion on parking provision. Upon being put to the vote, the motion was CARRIED and it was

 

RESOLVED – the application be deferred.