Agenda item

Chatham Central

Proposed change of use from non-residential institution (use class D1) to six business units (use class B1) together with associated changes to the building fenestration and parking layout.

Discussion:

The Planning Manager outlined the planning application in detail and informed the Committee of the history to the use of this site in that the current D1 use had been granted permission under planning application MC/09/1447 and was subject to a personalised condition to enable use of the premises as a Place of Assembly and Worship by the Better Life Assembly Church, details of which were set out on page 96 of the agenda. She advised that if the personalised use were to cease by the Church then the lawful use of the premises would revert back to the previous use class (B1 – old use classes order).

She advised that the applicant had now submitted an application to change the use from non-residential institution (use class D1) to six business units (use class B1) together with associated changes to the building fenestration and parking layout.

With the agreement of the Committee, Councillor Maple addressed the Committee as Ward Councillor and submitted the following concerns:

• The Better Life Assembly Church has been operating in Medway for a number of years before moving to this site and they work in partnership with a number of other agencies and volunteer groups supporting vulnerable groups across Medway such as the Gillingham Street Angels.
• Whilst it is accepted that the use of the facility is at the discretion of the landlord, the Church had no prior communication from their landlord that they were being required to vacate their premises and there is concern that this will result in the loss of a valuable community resource at a time when vulnerable sectors of the community are reliant on support and help due to the Covid-19 pandemic.
• If the Committee was minded to approve the application, he requested that the application be deferred to enable the Church and its partners to seek alternative premises to continue its work in supporting the community.

The Committee discussed the application and in particular whether the Church should have been served notice to vacate the premises by the landlord.

In response, the Planning Lawyer informed the Committee that any agreement between the landlord and the tenant was a civil matter and, therefore, not a material planning consideration. However, the concerns raised by the Ward Councillor were understandable.

The Committee discussed the legal requirement for the applicant to serve notice of the application on the freehold owner and whether it applied to serviceon a tenant but noted that this may be dependent upon the tenant’s lease and the length of time that they had occupied a building.

In the light of the concerns raised and the impact that could result on the work of the Church and its partners during the Covid-19 pandemic if it were required to vacate the building at short notice without securing alternative premises, the Committee considered that the application should be deferred for one cycle to enable officers to undertake investigations as to whether the correct procedures had been followed by the landlord in serving notice on the Church as tenant of the building.

Decision:

Consideration of the application was deferred until 9 December 2020.