73 MAIN STREET SHIRLEY SOLIHULL

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1 2014/58/S 73 MAIN STREET SHIRLEY Application No: Ward/Area: Location: 2014/58/S BLYTHE 73 MAIN STREET SHIRLEY SOLIHULL Date Registered: 13/01/2014 Applicant: Proposal: WILLIAM HILL ORGANIZATION LTD CHANGE OF USE TO A2 PREMISES AS A LICENSED BETTING OFFICE AND INSTALLATION OF REAR LOUVERED DOORS, SATELLITE DISH AND AERIAL. Documents Online: PROPOSAL The planning application seeks planning permission for the change of use of these premises to an A2 Licenced Betting Office with the installation of a rear louvered doors, satellite dish and aerial. The hours of use proposed are between 07.00hrs and 23.00hrs, 7 days a week. A separate application for the illuminated advertisements at the premises appears elsewhere in the agenda under planning application 2013/59. CONSULTATION RESPONSES Highways Environmental Protection Dickens Heath Parish Council : : : No observations No history of complaints about this type of use. Footfall would be relatively low at the later hours. Recommend condition to deal with general noise. Object, Policy P19 of the Local Plan includes Dickens Heath as a local centre, which needs to be developed is a sustained way which ensures it s sustainability and economic success. The application is not sensitive to local character and will not enhance the public realm. Dickens Heath local shops should provide for residents day-to-day needs. This would be prejudiced by the planning

2 application. Site Notice : 17/01/14 Neighbours Notified : 21/01/14 REPRESENTATIONS 28 letters of objection including an from Cllr Brown and Solihull Ratepayers Association regarding: - Predominantly a family village; Curbs should be in place to stop increased betting; Considerable disquiet within the local community; There are other amenities that are required in the village rather than a betting shop; Contrary to Policy P19; All developments need to be sensitive to local character and enhance the public realm; New shop front will have corporate boards obscuring activity; More retail shops are needed not reduced; Betting shop not in keeping; Main Street has a clear emphasis on beauty, cosmetics and food/drink; Betting shop will bring the wrong kind of characters to the village; De-value properties; Cause anti-social behaviour; Traffic; Unsightly satellite dish; Parking; Nobody wants a betting shop, its not in the public interest; People can bet on-line, no need for a shop; Attract unwanted through traffic; Impact on young and teenagers causing social problems; Already betting shops in Shirley; and Noise and disturbance. Two letters of support on the following grounds: - A betting shop will bring something different on Main Street, which is greatly needed; Scheme should make provision towards cleanliness of the centre and promote gambling awareness; and Objections based on false assumptions. POLICY Solihull Local Plan (2013) P7 Accessibility and Ease of Access

3 P8 Managing Demand for Travel and Reducing Congestion P14- Amenity P15 Securing Design Quality P18 Health and Well Being P19 Range and Quality of Local Services. Government Guidance National Planning Policy Framework The NPPF advises that there is presumption in favour of sustainable development, which should be seen as a golden thread running through both plan making and decision taking. For decision taking this means: Approving development proposals that accord with the development plan without delay; and Where the development plan is absent, silent or relevant policies are out of date, granting permission unless: - any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or - specific policies in this Framework indicate development should be restricted. There are three dimensions to sustainable development: economic, social and environmental. These dimensions give rise to the need for the planning system to perform a number of roles: an economic role contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; and by identifying and coordinating development requirements, including the provision of infrastructure; a social role supporting strong, vibrant and healthy communities, by providing the supply of housing required to meet the needs of present and future generations; and by creating a high quality built environment, with accessible local services that reflect the community s needs and support its health, social and cultural well-being; and an environmental role contributing to protecting and enhancing our natural, built and historic environment; and, as part of this, helping to improve biodiversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy. The NPPF also carries forward the thrust of Government guidance in the Ministerial statement Planning for Growth by attributing significant weight in the need to support economic growth through the planning system. The following sections are relevant to this application: 1. Building a strong, competitive economy

4 2. Ensuring the vitality of town centres 4. Promoting sustainable transport 7. Requiring good design Planning for Growth This Ministerial Statement advises that the Government's top priority in reforming the planning system is to promote sustainable economic growth and jobs. The Government's clear expectation is that the answer to development and growth should wherever possible be 'yes', except where this would compromise the key sustainable development principles set out in national planning policy. When deciding whether to grant planning permission, local planning authorities should support enterprise and facilitate housing, economic and other forms of sustainable development. SPG/SPDs Vehicle Parking Standards and Green Travel Plans PLANNING HISTORY 2005/1535/s (26 Sep 05) [advert approval] fascia signage SITE DESCRIPTION The application site relates to a vacant retail unit on the south-western side of Main Street within the area of Dickens Heath local centre. Market Street has a number of occupiers including A1 retail, A2 financial and professional services, A3 restaurants and A4 drinking establishments. There are flats above the application site on the second and third floors. The flats are accessed via shared entrance doors which are access from the rear of the unit. A shared car parking area is located to the rear for customers, staff and residents of the flats. The car parking area includes cycle storage sheds. MAIN ISSUES Principle of Change of Use; Design/Impact on character and appearance of streetscene; Impact on neighbouring amenity; and Highway Considerations. APPRAISAL Principle of change of use The application site forms part of a mixed area of commercial and retail units, comprising a small local shopping centre at Dickens Heath. The function of

5 such centres is to provide facilities to serve the needs of the local community. The NPPF advises that a diversity of uses in service centres makes an important contribution to their vitality and viability. Different but complementary uses during the day and in the evening, can reinforce each other, making the centres more attractive to local residents, shoppers and visitors. Local planning authorities should therefore encourage diversification of uses in shopping centres as a whole. Policy P19 of the Local Plan acknowledges that Solihull has a variety of local centres (such as Dickens Heath) which need to be developed and sustained in a way which ensures their continued sustainability and economic success. Appropriate development could include retail, leisure, community and other facilities. Local retail parades and local shops providing for day to day needs, including those serving villages will be sustained. Proposals for change of use will be granted planning permission where this role will not be prejudiced. It is noted that there is currently no betting office within the village. Whilst, I acknowledge the representations received in relation to the use proposed at the site, I consider that the proposal will provide a service for the local community that is not available currently, the loss of a retail unit would not in my opinion, be sufficient to detrimentally affect the function of the local centre. It should be noted that currently, 12 no. A1 retail shops exist out of the 26 no. units providing services to the village. And these A1 uses will still provide opportunity to serve the communities day to day needs. Hence, in planning policy terms there is no objection to the proposed change of use, subject to it being acceptable on character and amenity grounds. It should also be noted that the proposal will deliver the Government Growth agenda where local planning authorities should support enterprise and facilitate economic and other forms of sustainable development. This proposal would deliver 2 full time and 4 part time jobs, which is equivalent to 4 full time jobs at the centre, which carries weight in terms of the economic growth agenda by securing more jobs in the Borough. Character and appearance There are no external changes to the shop front other than those proposed in terms of the adverts proposed, which appear elsewhere on the agenda. As such the change of use of the premise has no impact on the character of the premise within the centre. In relation to the satellite dish and aerial, these discreetly located so not to appear obtrusive Therefore it is considered that the proposal is in accordance with policy ENV2 of the Solihull UDP Amenity issues

6 The application seeks permission for the change of use of these premises (an A1 use) into a betting office (Class A2). The hours of use proposed are between and 23.00, 7 days a week. There are already late night opening premises nearby, these include a number of restaurants, pubs and the local convenience store (e.g. Tesco Express). All of these uses therefore, result in a significant level of activity being generated in the Dickens Heath local centre and surrounding area throughout the evening, in addition to the general level of activity experienced during the normal working day. Whilst local concern has still been raised in respect of the noise, nuisance and disturbance issue, it should be noted that the application site lies within the local centre where there are a variety of uses carried out throughout the day and in the evening. Inevitably these uses already generate a level of activity which may have an impact upon the amenities of the surrounding residential area at various times, including during unsocial hours. The Council s Environmental Health Officer advises that we have no history of complaints about these uses across the Borough and footfall would be relatively low at the later hours. I am therefore content that the hours of opening proposed would not cause any unreasonable noise and disturbance to neighbours subject to a condition controlling general noise form the premise. Overall, I am therefore satisfied that the proposed change of use of these premises to a betting office will not have an adverse impact upon the amenities of local residents. The proposal would therefore, accord with Policy P14 of the Local Plan. Highway issues No parking provision is provided with the application and as such the proposal relies on the existing provision within the Local Centre. Concern has been raised locally that there is insufficient parking provision to serve the proposed use, it is anticipated that the majority of customers will walk to the betting office, or park elsewhere within the village centre, often whilst visiting the other shops and facilities within the local centre. Your Highway Engineer has raised no transportation objection to the proposal. Other matters Representations received in relation to the application have stated that the proposal is contrary to Policy P18 of the Local Plan. Policy P18 advises that the potential for achieving positive health outcomes will be taken into account when considering all developments proposals. Where any adverse health impacts are identified, the development will be expected to demonstrate how these will be addressed.

7 Dickens Heath is not an area that can be classed as being a deprived area, and in fact peoples life expectancy within the village is far greater compared to North Solihull. There is no evidence before me to suggest that this proposal will have any health impacts, in fact in my opinion, as stated above the proposal would add to the vitality and viability of the village centre. Whilst, I acknowledge Council's and the Local Government Association are lobbying Government for greater powers to restrict the number of betting shops within areas, this proposal if granted would be the first betting office within the village, as such it cannot be claimed that the village has a proliferation of such uses within the village. It should also be noted that the applicants fallback position is that the premises could be used for a temporary period of up to 2 years without permission, as a result of the changed to the permitted development order. CONCLUSION The proposal will provide a service for the local community that is not available currently, the loss of a retail unit would not in my opinion, be sufficient to detrimentally affect the function of the local centre. The use would add to the vitality and viability of the centre and accord with Policy P19 of the Local Plan and guidance within the NPPF. The proposal will deliver the Government Growth agenda where local planning authorities should support enterprise and facilitate economic and other forms of sustainable development. The siting of the satellite dish and aerial would not appear conspicuous. The proposed change of use of these premises to a betting office will not have an adverse impact upon the amenities of local residents. The proposal would therefore, accord with Policy P14 of the Local Plan. The proposal raises no highway safety or parking concerns and accords with Policy P8 of the Solihull Local Plan. RECOMMENDATION For the reasons outlined above I recommend approval subject to conditions. (1) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers: FINAL/W/NL/684/02 C (PLANNING); FINAL/W/NL/684/501 SIS DISH LOCATION; FINAL/W/NL/684/501 EXISTING & PROPOSED PLANS AND ELEVATIONS. To ensure compliance with the approved plans and details to safeguard amenity and the quality of the environment in accordance with Policy P14 and P15 of the Solihull Local Plan 2013.

8 (2) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Pursuant to the requirements of Section 51 of the Planning and Compulsory Purchase Act (3) Before the development hereby permitted commences a scheme shall be submitted to and agreed in writing by the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the premise. Once written approval has been issued, the noise control measures must be implemented before the use commences, maintained and used in accordance with the agreed scheme thereafter. To protect the neighbourhood from any increase in ambient noise levels in accordance with policy P14 of the Solihull Local Plan (4) The use of the premises hereby permitted shall be only carried out between the hours of 0700 hrs and 2300 hrs. To protect neighbours from any increase in ambient noise levels in accordance with policy P14 of the Solihull Local Plan The decision to grant planning permission has been taken having regard to the policies and proposals in the Solihull Unitary Development Plan 2006 set out below, together with all other relevant material considerations, including Supplementary Planning Guidance, and the particular circumstances and reasons summarised below. Solihull Local Plan (2013) P7 Accessibility and Ease of Access P8 Managing Demand for Travel and Reducing Congestion P14- Amenity P15 Securing Design Quality P18 Health and Well Being P19 Range and Quality of Local Services. Government Guidance National Planning Policy Framework SPG/SPDs Vehicle Parking Standards and Green Travel Plans In reaching this decision the Council is mindful of the particular circumstances and reasons set out below, namely:

9 The proposal will provide a service for the local community that is not available currently, the loss of a retail unit would not in my opinion, be sufficient to detrimentally affect the function of the local centre. The use would add to the vitality and viability of the centre and accord with Policy P19 of the Local Plan and guidance within the NPPF. The proposal will deliver the Government Growth agenda where local planning authorities should support enterprise and facilitate economic and other forms of sustainable development. The siting of the satellite dish and aerial would not appear conspicuous. The proposed change of use of these premises to a betting office will not have an adverse impact upon the amenities of local residents. The proposal would therefore, accord with Policy P14 of the Local Plan. The proposal raises no highway safety or parking concerns and accords with Policy P8 of the Solihull Local Plan.