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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. Planning Committee 18th June 2020 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] Planning Committee 18th June 2020 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; (c) the cumulative floor space of the existing building changing use under Class M exceeds 150 square metres; Planning Committee 18th June 2020 (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.
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