Agenda item

Walderslade

Change of use from A1 retail to mixed use A1 and D2 for conversion of unit to a dance studio (D2 use) with a dancewear shop (A1 use).

Discussion:

The Senior Planner outlined the application.  In doing so he drew the Committee’s attention to the information contained in the supplementary agenda advice sheet.

With the agreement of the Committee, the Ward Councillor, Councillor Gulvin, addressed the meeting.  He had discussed the application with the leaseholder and current occupant.

The Committee discussed the application and were persuaded by the arguments of the Ward Councillor that retention of the unit as an active facility providing local employment and leisure opportunities, and which retained some retail use was appropriate.

Decision: 

Application approved, subject to the following conditions, 1-6:

1)    The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason:  To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

2)    The development hereby permitted shall be carried out in accordance with the following approved plans:

Floor Plan received on 13 May 2016.

Reason: For the avoidance of doubt and in the interests of proper planning.

3)    The use hereby permitted shall only operate between the hours of 09:00 to 21:00 Mondays to Fridays inclusive and between the hours of 09:00 to 17:00 on Saturdays and 10:00 to 16:00 on Sundays and, Public Holidays unless otherwise agreed in writing by the Local Planning Authority.

Reason: To regulate and control the permitted development in the interests of amenity in accordance with Policy BNE2 of the Medway Local Plan 2003.

4)    Prior to the commencement of the development hereby permitted, a scheme of acoustic protection shall be submitted and approved in writing by the Local Planning Authority.  The scheme must demonstrate that the internal noise levels within the residential units will conform to the indoor ambient noise levels for dwellings identified by BS8233 2014:  Guidance on Sound Insulation and Noise Reduction for Buildings.  All works which form part of the approved scheme shall be completed before any part of the development is occupied and shall thereafter be maintained in accordance with the approved details.

Reason: Required before the development commenced to regulate and control the permitted development in the interests of safeguarding neighbouring amenity in accordance with Policy BNE2 of the Medway Local Plan 2003.

5)    An acoustic assessment of compliance with condition 4 shall be submitted to the Local Planning Authority no later than two months after commencement of the operation of the development hereby permitted.  Any provisions indicated in the assessment which need to be made to control noise emanating from the site pursuant to condition 4 shall be submitted in writing for the written approval of the Local Planning Authority within one month of the assessment and all works which form part of the approved scheme shall thereafter be implemented in accordance with a timetable to be agreed in writing by the Local Planning Authority and thereafter maintained.

Reason: To safeguard the amenities of the occupiers of neighbouring development in accordance with Policy BNE2 of the Medway Local Plan 2003.

6) Prior to the bringing into use of the dance studio, details of the treatment to the shop window to avoid a bland, dead frontage shall be submitted to and approved in writing by the Local Planning Authority.  The approved details shall be implemented prior to the use commencing and shall thereafter be maintained unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of amenity and to maintain an active shop frontage.