295 Yorktown Road College Town Sandhurst Berkshire GU47

Unrestricted Report

ITEM NO: 13 Application No. Ward: Date Registered: Target Decision Date: 20/00329/PAV College Town 18 May 2020 13 July 2020 Site Address: 295 Yorktown Road College Town Sandhurst Berkshire GU47 0QA Proposal: Application for Prior Approval for the change of use from Shops (Class A1), Financial and Professional Services (Class A2), Takeaways (Class A5), Betting Offices, Pay Day Loan Shops or Launderettes (Sui Generis Uses); or a Mixed Use combining use as a Dwellinghouse (Class C3) with a Shop (Class A1) or Financial and Professional Service (Class A2), Betting Office, Pay Day Loan Shop or Launderette (Sui Generis Uses)to Dwellinghouses (Class C3) and for building operations reasonably necessary for the conversion. Applicant: Mr Paul Dogblas Agent: Mr Tobias Shalom Case Officer: Olivia Jones, 01344 352000 [email protected]

Site Location Plan (for identification purposes only, not to scale)

Planning Committee 18th June 2020

1. SUMMARY

1.1 Prior Approval is sought for the change of use of the existing shop (A1) to 3no. 1- bedroom flats (C3).

1.2 The proposal complies with the criteria set out in Paragraph M.1, Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Subject to no objection from the Highway Authority and Environmental Health, the proposal is considered to satisfy the conditions in Paragraph M.2 of this legislation in terms of highways, contaminated land, flood risk, impact on services and sustainability of shopping area and design and external appearance of building. Prior approval can therefore be granted.

2. PLANNING STATUS AND SITE DESCRIPTION

PLANNING STATUS Within settlement boundary Between 400m - 5km of the SPA

2.1 The existing building on site is two storey, with the ground floor a vacant shop and the first floor consisting of 1 residential flat. There is an external staircase to the rear providing access to the first floor. There is parking provision to the font and rear.

2.2 The application site is located on the corner of Yorktown Road and Florence Road. The site is located within the defined settlement as designated by the Bracknell Forest Borough Policies Map. The site lies outside a designated retail area.

3. REASON FOR REPORTING APPLICATION TO PLANNING COMMITTEE

3.1 As this is a prior approval application the LPA has only 56 days to determine the application following which it will be deemed approved.

4. RELEVANT SITE HISTORY

4.1 The relevant site history can be summarised as follows:

3020 Alts. to house and shop Approved 1955

6089 Alts to shop Approved 1960

14477 Application for amended application for the erection of office, stores, workshop and retail sales area. Approved 1969

600440 For the erection of screen fence with removable panels abutting Florence Road 3 painted no parking signs on fence, construction of new access to Florence Road, construction of additional sandbin.

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Approved 1974

602285 For two storey extension at rear forming stores and office. Approved 1977

616318 Erection of storage building on two levels (430m.sq.) and 5 storage bins. Change of use of residential to open storage/car parking and turning area after demolition of existing store and storage bins. Approved 1992

616319 Conversion of two dwellings to four one bed flats together with the provision of parking and turning areas Approved 1991

618288 External alterations to building comprising insertion of windows and a door, change of use from sales area and ancillary offices form builders merchants to A2 following demolition of outbuilding. Approved 1992

618617 Change of use from sales area and ancillary offices for builders merchants to shop (Class A1) and formation of car park to rear. Approved 1993

5. THE PROPOSAL

5.1 Prior approval is sought for the change of use of an existing shop (Use Class A1) to 3no. 1-bedroom flats (Use Class C3) in accordance with Class M, Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

5.2 External alterations to fenestration are proposed.

6. REPRESENTATIONS RECEIVED

Sandhurst Town Council 6.1 No objection received at the time of writing this report [consultation period ends 12/06/20]

Other representations 6.2 No objections received at the time of writing this report [consultation period ends 12/06/20]

7. SUMMARY OF CONSULTATION RESPONSES

Transportation Officer 7.1 Awaiting comments [due by 10/06/20]

Environmental Health Officer 7.2 Awaiting comments [due by 10/06/20]

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8. PRINCIPLE OF DEVELOPMENT

8.1 In assessing this type of prior approval application the Council can only assess whether the proposal is likely to result in transport and highway implications, contamination issues, flooding issues, whether it is undesirable for the building to change use to C3 use due to the impact on adequate provision of services from A1 only where there is a reasonable prospect of of the building being used for such services or if the building is located in a key shopping area, and the design and external appearance of the building.

8.2 If there are no implications associated with these matters, the development is considered to be permitted development.

9. RELEVANT LEGISLATION

9.1 Class M, Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) relates to retail, takeaway and specified sui-generis uses to dwellinghouses.

9.2 The legislation is set out as follows for Class M - retail, takeaways and specified sui generis uses to dwellinghouses:

Permitted Development

9.3 M. Development consisting of— (a) a change of use of a building from— (i) a use falling within Class A1 (shops), Class A2 (financial and professional services) or Class A5 (hot food takeaways) of the Schedule to the Use Classes Order, (ii) a use as a betting office, pay day loan shop or launderette, or (iii) a mixed use combining use as a dwellinghouse with— (aa) a use as a betting office, pay day loan shop or launderette, or (bb) a use falling within either Class A1 (shops) or Class A2 (financial and professional services) of that Schedule (whether that use was granted permission under Class G of this Part or otherwise), to a use falling within Class C3 (dwellinghouses) of that Schedule, and or (b) development referred to in paragraph (a) together with building operations reasonably necessary to convert the building referred to in paragraph (a) to a use falling within Class C3 (dwellinghouses) of that Schedule.

Development Not Permitted

9.4 M.1 Development is not permitted by Class M if— (a) the building was not used for one of the uses referred to in Class M(a)— (i) on 20th March 2013, or (ii) in the case of a building which was in use before that date but was not in use on that date, when it was last in use;

(b) permission to use the building for a use falling within Class A1 (shops) or Class A2 (financial and professional services) of the Schedule to the Use Classes Order has been granted only by this Part;

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(d) the development (together with any previous development under Class M) would result in more than 150 square metres of floor space in the building having changed use under Class M;

(e) the development would result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point;

(f) the development consists of demolition (other than partial demolition which is reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order); or

(g) the building is— (i) on article 2(3) land; (ii) in a site of special scientific interest; (iii) in a safety hazard area; (iv) in a military explosives storage area; (v) a listed building; or (vi) a scheduled monument.

Conditions

9.5 M.2—(1) Where the development proposed is development under Class M(a) together with development under Class M(b), development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to— (a) transport and highways impacts of the development, (b) contamination risks in relation to the building, (c) flooding risks in relation to the building, (d) whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order because of the impact of the change of use— (i) on adequate provision of services of the sort that may be provided by a building falling within Class A1 (shops), Class A2 (financial and professional services) or Class A5 (hot food takeaways) of that Schedule or, as the case may be, a building used as a launderette, but only where there is a reasonable prospect of the building being used to provide such services, or (ii) where the building is located in a key shopping area, on the sustainability of that shopping area, and (e) the design or external appearance of the building,

9.6 The provisions of paragraph W (prior approval) of this Part apply in relation to that application:

(2) Where the development proposed is development under Class M(a) only, development is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the items referred to in sub-paragraphs (1)(a) to (d) and the provisions of paragraph W (prior approval) of this Part apply in relation to that application.

(3) Development under Class M is permitted subject to the condition that— (a) development under Class M(a), and under Class M(b), if any, must be completed within a period of 3 years starting with the prior approval date; and

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(b) a building which has changed use under Class M is to be used as a dwellinghouse within the meaning of Class C3 of the Schedule to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the primary use as such a dwellinghouse.

10. ASSESSMENT

10.1 The assessment of the proposed development in accordance with the above legislation is as follows:

10.2 Paragraph M.1 compliance:

(a) The building was in A1 use on 20th March 2013. According to the Council's Revenue Services records, the premises was registered as shop from at least 1994 until March 2020.

(b) permission to use the building for A1 (shops) use of the Schedule to the Use Classes Order has not been granted by this Part;

(c) the cumulative floor space of the existing building changing use under Class M does not exceed 150 square metres (at approx. 95sqm);

(d) the development (together with any previous development under Class M) would not result in more than 150 square metres of floor space in the building having changed use under Class M;

(e) the development would not result in the external dimensions of the building extending beyond the external dimensions of the existing building at any given point;

(f) the development does not consist of demolition (other than partial demolition which is reasonably necessary to convert the building to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order – alterations to fenestration are considered reasonable alterations);

(g) The building is not: (i) on article 2(3) land; (ii) in a site of special scientific interest; (iii) in a safety hazard area; (iv) in a military explosives storage area; (v) a listed building; (vi) a scheduled monument.

10.3 Paragraph M.2 conditions:

(a) Transport and highways impacts of the development

These will be reported in the supplementary report.

(b) Contamination risks on the site

These will be reported in the supplementary report.

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The site is within Flood Zone 1 and not considered to have any critical drainage issues. It is therefore not considered that there are any flooding risks on the site.

(d) impact on services and sustainability of shopping area

'Saved' Policy E8 the BFBLP sets out that outside of Sandhurst Centre retail area, the change of shop units to other uses will only be acceptable where there is no adverse effect on the availability of local shopping facilities.

Policy CS21 of the CSDPD sets out that proposals which would result in the loss of retail units that perform an important community role will only be allowed where they do not conflict with other elements of the core strategy.

The unit lies outside of the designated retail area of Sandhurst. For the last two years the unit has mainly been used for retail storage in association with the equestrian tack and feed business run by the applicant. This shop does not perform an important community role, and given the unit is located in a predominantly residential area it is not considered that the loss of a unit in retail use would have a detrimental impact on the surrounding area.

As such, the proposed change of use would not adversely impact upon services or sustainability of a shopping area. The change of use of the existing building as proposed by this prior approval application would therefore not be considered to adversely affect the availability of local shopping facilities.

(e) design and external appearance of building

The proposed alterations consist of the addition of windows at ground floor level. The external alterations proposed would not appear out of keeping with the host building or the surrounding area where there are a mix of uses and styles of building.

The proposed external materials would be similar to those used on the existing dwelling. A condition is recommended to secure this, and this condition is considered reasonably related to the proposal in design terms.

(f) Other matters

BFC accepts that this proposal is a ‘plan or project’ which is not directly connected with or necessary to the management of a European Site. There are two European Sites partly located within Bracknell Forest – the Thames Basin Heaths Special Protection Area (SPA) and Windsor Forest and Great Park Special Area of Conservation (SAC). The potential adverse effects on the integrity of both sites include recreational activities from inside the SPA and air pollution from inside and outside the SPA and the SAC.

At this stage the Council cannot rule out ‘likely significance effects’ on the SPA and SAC (alone or in combination with other plans or projects) because the proposal could undermine the Conservation Objectives of these sites. This is because the proposal lies with 1.1 km of the SPA and:

represents a net increase in dwellings within 400m - 5km of the Thames Basin Heaths Special Protection Area (SPA) which will lead to an increase in local population and a potential increase in recreational activity on the SPA may lead to an increase in traffic movements (and therefore air pollution) on roads within 200m of the SPA and SAC

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As the ‘likely significance effects’ cannot be ruled out at this stage an Appropriate Assessment must be undertaken.

Based on the information provided by the applicant, BFC must decide whether or not an adverse effect on site integrity (alone or in combination with other plans or projects) can be ruled out. The project as proposed would not adversely impact on the integrity of the SPA and SAC if avoidance and mitigation measures are provided. Prior to the implementation of the Prior Approval scheme the applicant must enter into a Section 106 Agreement payable on completing the s106 Agreement.

11. CONCLUSION

11.1 An assessment has been made of the proposal and it is considered that prior approval is required for the change of use of the building from an retail use (A1) to 3no. 1-bedroom residential flats (C3).

11.2 The proposal complies with the criteria set out within Paragraph M.1 of Class M, Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). Subject to no objections from the Highway Authority and Environmental Health in relation to transport consideration and contaminated land, the proposal would satisfy the conditions in Paragraph M.2 of the same legislation and prior approval can be granted.

12. RECOMMENDATION

12.1 That the Prior Approval is GRANTED subject to the following condition(s):

1. Development under Class M(a), and under Class M(b), Part 3, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), must be completed within a period of 3 years starting from the prior approval date.

2. This development must be carried out in accordance with the following plans received by the Local Planning Authority on 18th May 2020:

- Ground Floor as Proposed – Drawing Number: 03-10 - Elevations as Proposed – Drawing Number: 05-00

3. The materials to be used in the construction of the external surfaces of the development shall be similar in appearance to those found on the existing building. REASON: In the interests of the visual amenities of the area. [Relevant Policies: BFBLP EN20, CSDPD CS7]

Informative(s):

1. It is a condition of the consent given by the General Permitted Development Order (as amended) that any development which is likely to have a significant effect upon a Special Protection Area cannot proceed unless the Local Planning Authority (the Council) has given written approval under the Conservation of Habitats and Species Regulations 2017. This Prior Approval Notice does NOT constitute approval under the 2017 Regulations. The Council and Natural England are of the view that any residential development between 400 metres and 5 kilometres of the boundary of the Thames Basin Heaths Special Protection

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Area or residential development of 50 or more dwellings between 5 kilometres and 7 kilometres of such boundary cannot be approved under the Habitats and Species Regulations 2017 unless a planning obligation is entered into under Section 106 of the Town & Country Planning Act 1990 to ensure that the development has no adverse impact upon the Special Protection Area. Your development falls within one of the two types of development referred to above ( a new dwelling within 5km of the SPA).

Planning Committee 18th June 2020