APPLICATION NO. 15/P/00168 RECEIVED: 27-Mar Change of use of shop to residential flat (first floor) and shop alterations

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1 DATE OF COMMITTEE: 12-May-2015 APPLICATION NO. 15/P/00168 RECEIVED: 27-Mar-2015 PROPOSAL: Change of use of shop to residential flat (first floor) and shop alterations LOCATION: APPLICATION TYPE: APPLICANT: 58, Victoria Street, Old Cwmbran, Cwmbran, Torfaen, NP44 3JN Full Planning Mrs Elizabeth Haynes C/O, 58, Victoria Street, Old Cwmbran, Cwmbran, NP44 3JN AGENT: REPORT BACKGROUND This application is being reported to Planning Committee consideration due to the applicant being a Council Member. LOCATION AND DESCRIPTION OF SITE The application relates to no. 58 Victoria Street in the mixed residential and commercial neighbourhood centre of Old Cwmbran. It is an end terrace two storey building on the corner with Oldbury Road. The site comprises a vacant retail unit with shop to the ground floor and associated storage to the first floor. The shop front faces onto Victoria Street and features a central recessed doorway with window displays to either side.

2 The rear of the building comprises no. 58b which is operated as a café facing onto Oldbury Road. The first floor storage area also extends over this property. The adjacent property, no. 56 Victoria Street is a tattoo studio to the ground floor and residential to the first floor. The properties on the opposite side of the road are residential. On street parking to Victoria Street is restricted by way of double yellow lines. Parking spaces are provided off Oldbury Road for the application premises including the café. PROPOSED DEVELOPMENT This application seeks permission for the change of use of the first floor of the building to form a two bedroom residential dwelling and the associated alterations to the ground floor to provide a separate access. A Design and Access Statement has been submitted in support of the proposal. The external alterations would comprise the insertion of a separate entrance door to facilitate access to the flat. The door would be positioned to the right hand side of the shop front and would be flush with the front elevation. Supporting brickwork would be finished to match the first floor front elevation. Internally a hallway of 1.2 metres width would be partitioned off from the shop giving a private access to the existing stairway to the first floor. A small cloak area would also be provided to the ground floor. Other alterations to the ground floor would be the provision of a w.c., staff kitchenette and cupboard to the rear of the shop. The first floor internal layout would be largely retained with minor alterations to partition walls to create a dwelling comprising a kitchen, bathroom, lounge / dining room and two bedrooms. There would be no alterations to first floor fenestration or external appearance. Externally, two parking spaces are proposed on land off Oldbury Road, adjacent to the existing parking for the café. A bin store area is also identified to the rear of the building. POLICY CONTEXT National policy is set out in Planning Policy Guidance Ed 7 (July 2014) where pp states that employment and residential uses can be compatible, ensuring that both amenity and economic development opportunities are not unduly compromised. In terms of local policy, the application site is within the designated urban boundary and falls within the Local and Neighbourhood Centre of Old Cwmbran. Policy BW1 provides for development proposals subject to considerations of amenity, design, and transport. CONSULTATIONS HIGHWAYS: There is parking provision with spare capacity within the site on Oldbury Road fronting the café that also forms part of the premises. Drawing no. 26/3/14-1 attached to the application shows eight car parking spaces and I would

3 want to see two of these spaces marked out and allocated to the residents of the flats. I would not oppose the application from a highway standpoint, however I would wish to see the following condition attached to any grant of approval: 1. 2 car parking spaces within the site must be allocated to the flats and clearly marked out for use by residents only. PUBLIC HEALTH: No objections. CWMBRAN COMMUNITY COUNCIL: No objections. PUBLICITY SITE NOTICE: An Article 12 Site Notice was posted to the front of the site on the 7 April NEIGHBOUR NOTIFICATIONS: 35, 37, 39, 56, 60 and 62 Victoria Street REPRESENTATIONS RECEIVED No responses have been received as a result of the application publicity. RELEVANT CONSIDERATIONS IN THE DETERMINATION OF THIS APPLICATION This proposal relates to the change of use of a retail premises to create a residential flat above a ground floor retail unit within the mixed commercial and residential area of Old Cwmbran. External works would comprise the insertion of a new access door to the flat. The application is to be determined within the context of policy BW1 of the adopted Torfaen Local Development Plan taking into account all representations received and other material considerations as appropriate. In terms of the principle of a residential use at the site, there are numerous instances where these are found to be acceptable in planning terms and also many instances where planning permission is not required by virtue of the Use Classes Order The planning system encourages the close proximity of small scale businesses and residential properties where appropriate as part of a vibrant and successful community. The neighbouring property, no. 56 Victoria Street comprises commercial premises to the ground floor and residential flat to the first floor in the same manner as that currently proposed at the application site. The principle of the proposed residential use is therefore considered acceptable. The visual impacts of the proposal in this case relate to the creation of a new separate access door to the right hand side of the shop front. This would result in the loss of approximately 1.35 metres width of the shop front window on the right hand side of the shop doorway. The recessed doorway is currently approximately central so that these changes would unbalance the symmetry that currently exists. A significant

4 proportion of the shop window would remain and it is considered that on balance, the alterations would not have so detrimental an impact as to warrant refusal of the application. As such, it is considered that the visual appearance of the development, in this case, would be acceptable. With regards the proposed parking spaces to the side of the building, the Highways Officer raises no objections subject to the spaces being marked out and retained for use by the occupiers of the flat. This can be addressed by way of a planning condition. There are no concerns raised by Environmental Health Officers and it is considered that the proposal does not comprise overdevelopment within the site. With regards residential amenity, it is considered that there would be no works giving rise to unacceptable loss of light or overbearing impact. Neither would there be any loss of privacy arising from the physical works. The retail use of the ground floor is established and the relationship between the shop and residential dwelling is considered satisfactory. There have been no objections to the proposal, either from consultees or arising from the publicity. Taking all of the above into consideration, it is concluded that the application should be approved subject to conditions. IT IS RECOMMENDED: Approve subject to Conditions 1. Permission is granted subject to the provisions of Section 91(1) of the Town and Country Planning Act 1990, namely that the development to which the permission relates must be begun not later than the expiration of 5 years beginning with the date on which the permission is granted. REASON: To comply with the requirements of Section 91, Town and Country Planning Act The development hereby permitted shall not be carried out except in complete accordance with the proposed plans, Drawing No. 26/3/14-1 submitted on 27 March REASON: For the avoidance of doubt and to ensure compliance with the approved plan. 3. Prior to the beneficial occupation of the dwelling hereby permitted, two parking spaces with minimum dimensions of 2.4 metres x 4.8 metres for each space shall be provided within the site and demarcated for use by residents only. The spaces shall be maintained in perpetuity for the sole use of vehicles associated with the occupiers of the flat.

5 REASON: In the interests of highway safety. Note(s) to Applicant 1. Torfaen Local Development Plan covers Torfaen County Borough. The following policy is relevant to the consideration of this application: BW1