Development Control Committee 12 March, 2015 WD/D/14/ ITEM NUMBER 6

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1 Development Control Committee 12 March, 2015 WD/D/14/ ITEM NUMBER 6 Application Number: WD/D/14/ Variation of condition Registration Date: 27 October, 2014 Application Site: UNIT 1, 43 SOUTH STREET, DORCHESTER, DT1 1DH Proposal: Change of use from A3 to A4 with variation of condition 3 of planning permission 1/D/13/ to allow a change in opening times to with the exception of New Year's Eve and Christmas Eve Applicant: Durnovaria Ltd Ward Members: Cllr A Canning, Cllr Mrs S Hosford Case Officer: David Hodges This application comes to Members at the request of the Chairman of the Planning Committee 1. Summary Recommendation 1.1 Approve 2. Description of development 2.1 Unit 1, 43 South Street is the former Dorchester Post Office. It is a Grade II listed building set within the town centre and the Dorchester Conservation Area. The building is a fine Edwardian post office in red brick and Portland stone detailing with a distinctive semi-circular corner entrance with a dome above. The site also lies within the Roman Town area (Policy EA13), the town centre policy area and the primary retail frontage policy area. 2.2 The post offices moved to new premises on Trinity Street at the rear of the historic post office as part of a scheme to construct and convert the upper floors to 10 flats and the ground floor to two retail units and a restaurant in The corner unit 1 was then used as a Starbucks coffee shop until 2013 when planning permission (App. No. 1/D/13/000365) was granted for a change of use of the premises from A3 (café) to A4 (drinking establishments). 2.3 Condition 3 attached to this consent reads; The use shall not take place other than between the hours of , on any day. REASON: In the interests of residential amenity in accordance with the West Dorset District Local Plan (Adopted July 2006) Policy DA6. In addition, a further condition restricted live music at the premises.

2 2.4 The current proposal seeks to amend Condition 3 to allow for opening until midnight for the rest of the year and 00.30hrs on Christmas Eve and New Year s Eve. No other changes to the use are proposed. 3. Main planning issues Impact on the character of the Conservation Area Impact on neighbour s living conditions Retention of a heritage asset in active use Noise and disturbance 4. Statutory Consultations Town Council 4.1 Recommend refusal of a variation to planning condition 3 of 1/D/13/ to allow a change in opening times to on any day. However, an exception to this opening time would be supported from on New Year s Eve only. The Committee were conscious that they had not supported the change of use of the premises from A3 to A4 in May 2013 as they had major concerns regarding the impact of the change on the residents of Crown Post Court and they considered that these concerns were still relevant. Also the reason for planning condition 3 of 1/D/13/000365, that set the opening times to on any day, was for the interests of residential amenity in accordance with the West Dorset District Local Plan (Adopted July 2006) Policy DA6 and, again, this policy was still relevant. Highway Authority 4.2 No objection. 5. Other consultations 5.1 Environmental Health: I have reviewed the application and proposal. I have received no confirmed or substantive complaints regarding noise leading to concerns of loss of amenity to residential neighbours above. I would recommend that delivery times are fixed to Monday to Saturday only except Bank Holidays or less, if not already done so on the previous consent. 6. Other representations 6.1 Copies of the letters of representation are available to view on the website letters have been received from third parties. These neighbours occupy the residential units above the unit. They raise the following concerns; Have complained due to noise from existing operation. Proposals will increase this impact. Noise Anti-social behaviour will increase The operation of the unit has changed from the original assurances. The operator has reneged on promises in the original application. Proposal will draw people to this otherwise quiet part of the town

3 centre which is away from other pubs Increased disturbance and loss of sleep The flats are not well insulated as they are listed and sound travels through the building Impact on the character of the area Complaints have not been made to Environmental Health as there is no facility to do so when there is noise late at night Increased litter 7. Human Rights 7.1 Article 6 - Right to a fair trial. 7.2 Article 8 - Right to respect for private and family life and home. 7.3 The first protocol of Article 1 Protection of property 8. Relevant Planning History App. No Type Proposal Decision Date Officer 1/D/07/ COU Change of use of public highway W 14 DJR to form ancillary outdoor seating area adjacent to coffee shop, comprising 6 chairs, 2 tables, 1 umbrella and 2 outdoor barriers September 1/D/07/ PEN Construct new internal door frame to form entrance link to UNK existing external doors/frame 1/D/07/ LBC Construct internal door frame to form entrance link to existing external doors/frame 1/D/07/ LBC Install 4 No. condensing units on internal ground floor ceiling of building and associated pipework 1/D/08/ COU Change of use of public highway to outdoor seating area ancillary to adjacent coffee shop comprising 6 No. chairs, 2 No. tables, 1 No. umbrella and 4 No. barriers. 1/D/09/ COU Use of public highway as outdoor seating area A 11 December A 17 December A 20 February 2008 A 04 September /D/13/ COU Change of use from A3 to A4 A 20 May /E/06/ ADV Erect fascia sign and 2No. blade A 26 January signs 1/E/06/ LBC Erect fascia sign and 2No. blade A 09 signs February 1/E/06/ LBC Carry out internal alterations A 09 February 1/E/07/ LBC Erect 2No. illuminated bullet A 28 March lights 1/E/07/ LBC Installation of suspended ceiling A 07 August JC DJR AJ AJ DJR ALC

4 9. The Development Plan The West Dorset District Local Plan (adopted July 2006) AH8a - Development with potential to generate pollution, noise, vibration, or unpleasant emissions DA6 Privacy, Daylight And General Amenity SA19 - Listed Buildings SA21 - Conservation Areas C0 - Town Centres C1 Retail Development EA13 - Dorchester Roman Town Area West Dorset, Weymouth & Portland Draft Local Plan Paragraph 216 of the NPPF states that: From the day of publication [of the NPPF], decision-takers may also give weight (unless other material considerations indicate otherwise) to relevant policies in emerging plans according to: the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given); the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and the degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given). Now that the extent of objections to the submitted plan is known and the examination has passed the hearings stage, we can start to apply varying degrees of weight to our emerging policies in accordance with the NPPF guidance. As far as this application is concerned the following policies are considered to be relevant; Int 1 - Presumption in favour of sustainable development Env 1 - Landscape, seascape and sites of geological interest Env 4 - Heritage assets Env 16 Amenity Econ 4 - Retail and town centre development Dor 3 - Dorchester Roman town area 10. Supplementary planning guidance 10.1 Dorchester Conservation Area Appraisal (2003) 11. Other Material Planning Considerations 11.1 National Planning Policy Framework (NPPF) The NPPF states; 186. Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship

5 between decision-taking and plan-making should be seamless, translating plans into high quality development on the ground Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicants to secure developments that improve the economic, social and environmental conditions of the area. 12. Planning issues 12.1 Officer s comments: It is plain that residents above the unit have concerns over the potential increase in hours and raise a number of issues over the existing operation of the unit. It can be deduced that many of the objections relate to the principle of the use of the Unit in Class A4 and in particular when many residents purchased or moved in to the units, the flats were above shops and Starbucks which closed at 7pm However, the unit is operating lawfully as a Class A4 use. The LPA considered the impact of an A4 unit on the site when it granted the change of use in 2013 and concluded this use was acceptable in this location. This decision was made in the full knowledge of the existence of the flats above Durnovaria. On this basis the issue to consider in this application is the difference between the existing lawful operation of the unit until 11pm and the suggested increase of one additional hour until midnight and the additional 1hr 30mins on Christmas and New Year s Eve In this regard, the site lies within the town centre where such late-night uses are both already concentrated in the town but also where existing and emerging policies continue to seek to direct such uses. This is clearly the most appropriate location for such uses The question is therefore whether the additional hour proposed is of such harm that it warrants refusal of this application. Whether the use is different to Starbuck s operation or whether the applicant has supposedly reneged on promises made in respect of the earlier consent for the change of use is not material to the current application. It is noted that nearby residents are particularly concerned that an additional hour will exacerbate the perceived problems with the existing operation further into the night. However, in order for the Authority to refuse the application it would be necessary to show that this additional hour is of such significance over and above the current lawful use that it causes unacceptable harm In this regard it is noted that the site lies close to concentration of such uses within the town centre. Trinity Street in particular has a high concentration of late night uses with pubs, nightclubs, restaurants and take-aways along its length. The site is not regarded as separate from this area of late-night activity but as a logical part on a corner plot linking directly to Trinity Street to the west. The flats at Crown Post Court have frontages to Trinity Street, South Street and New Street. Due to the proximity of the site to other town centre uses it may be that aspects of the anti-social behaviour reported externally cannot all be attributed solely to Durnovaria. In particular the suggestion in a number of the responses that Crown Post Court is in a quiet part of town seems hard to rationalise against surrounding uses and its central location.

6 12.6 Noise within these residential units is a very real concern. However these residents do still have recourse to Environmental Health legislation to resolve matters of statutory noise nuisance from the operation. Also any aspects of the operation of the unit causing concern to residents are more appropriately tackled through either licensing legislation or the police as opposed to the land-use regime of the planning system. Bearing in mind the existing permission under which the unit operates, the increase to midnight for closing is not considered to represent a significant material difference which would warrant refusal of the application A closing time of 11pm is earlier than the majority of surrounding late-night uses and the closing time of midnight would bring the use into line with surrounding uses, many of which have no planning conditions restricting their operation. There are numerous residential properties within the town centre and Brewery Square in close proximity to night-time uses which co-exist without substantial conflict. The Authority encourages the mixed-use of its town centres and this requires an appropriate balance to be struck between residential properties in this area and the continued operation of the night-time economy which is best located within the town centre and has economic benefits to the town and provides vitality and viability during the evenings Regard is therefore had to the prevailing character of the town centre where an A4 unit opening until midnight is considered to be in keeping with surrounding uses and is not considered to make the site a greater destination for anti-social behaviour over and above its existing lawful use. On balance the opening until midnight is not considered to significantly worsen the existing situation such that the application should be resisted. In addition, regard has been had to the desirability of retaining the listed building in operative use as being in the best interests of retaining this heritage asset The operation until on Christmas Eve & New Year s Eve is not considered to raise any additional material planning issues over and above those discussed above and is considered acceptable. 13. Summary 13.1 The proposed extension of operating hours until midnight is considered to be in keeping with the prevailing character of this town centre location where there are numerous night-time economy use in the vicinity including A3, A4 & A5 uses as well as nightclubs many of which do not have their operating hours restricted by condition and are open until at least the same time or in the main later. The proposed operating hours would therefore be consistent with the surrounding area. This has been balanced against the concerns of residents over the operation of the unit. However, it is considered that the additional hour sought would not tip the balance such that permission should be resisted.

7 13.2 The development therefore complies with Policies AH8a, DA6, SA19, SA21, C0, C1 & EA13 of the adopted West Dorset District Local Plan (2006) and the advice in the National Planning Policy Framework (2012). 14. Recommendation 14.1 Approve i. Deliveries between only