Agenda item

PROPOSAL: Change of use from bank (use class Ec(i)) to takeaway (sui generis) on the ground floor; two 1-bed, one person flats on the first floor and one 1-bed, two person flat on the second floor (use class C3).

OFFICER RECOMMENDATION: Permit

37.24        This application was for change of use from bank (class Ec(i)) to takeaway (sui generis) on the ground floor, two 1-bed, one person flats on the first floor and one 1-bed, two person flat on the second floor (use class C3).

37.25        The Planning Officer advised that the site was located within Tewkesbury Town Centre, amongst the primary shopping frontage and sandwiched between two Grade II* listed buildings within Tewkesbury Conservation Area.  The only external changes proposed were painting the windows and doors and installation of extraction/ventilation equipment.  No objections had been received from statutory consultees, subject to conditions, and Officers felt the proposal would not result in any undue harm, as outlined in the Committee report.  Therefore, it was recommended that the application be permitted.

37.26        The Chair invited the applicant’s agent to address the Committee.  The applicant’s agent indicated that he fully endorsed the Committee report and wished to highlight a number of key issues.  The Committee report was very clear and firm about the legal requirement to make decisions in accordance with the Tewkesbury Borough Plan and was equally clear the application was in accord with the plan where policies required the approval of applications which met policy. This was a change of use application and no physical development to change the appearance was proposed, similarly, no application had been made for advertisement or signage.  The applicant’s agent noted that the Conservation Officer had raised no objection to the proposal.  The property was currently empty and a dead frontage on the High Street with vacant floorspace on upper floors.  Its current lawful use was as a bank which was not an A1 use and the development plan stated that banks and the proposed use were both retail uses – Paragraphs 8.9 and 8.12 of the Committee report were particularly relevant in that respect.  This proposal would create an active frontage and increase footfall along this part of the High Street and would add housing stock in the most sustainable location.  The retail and residential elements of the proposal must be considered together and could not be separated.  Officers had raised no objections in respect of technical matters, such as noise, ventilation and traffic.  The applicant’s agent hoped Members would follow the Officer recommendation and permit the application in line with Tewkesbury Borough Plan policies and return an active retail use to the High Street along with residential accommodation.

37.27        The Chair indicated that the Officer recommendation was to permit the application and he sought a motion from the floor.  It was proposed that the application be permitted subject to an amendment to condition 7 to change the opening hours to 0800 to 2300 rather than 0800 to 2400 to bring this in line with other businesses in the area in accordance with the point raised by the Town Council.  The Planning Officer confirmed that the applicant’s agent had agreed to that change and the proposal was duly seconded.  A Member drew attention to the proposed floor plans, set out at Page No. 126 of the Committee report, and noted that the electrics room was in the lobby.  He queried whether any comments had been received regarding safety in case of fire.  In response, the Development Manager clarified that was part of a separate process which would be covered by Building Control.  Upon being put to the vote, it was

RESOLVED           That the application be PERMITTED subject to an amendment to condition 7 to change the opening hours to 0800 to 2300 rather than 0800 to 2400.