Crown Copyright all rights reserved Dumfries & Galloway Council LA BLOCK PLAN

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2 0 Crown Copyright all rights reserved Dumfries & Galloway Council LA BLOCK PLAN

3 David Bell - Operations Manager Development Control Kirkbank, English Street, Dumfries, DGI 2HS Telephone (01387) Direct Dial Fax (01387) PLANNING APPLICATION FOR CHANGE OF USE OF CLASS 1 CLOTHES SHOP TO CLASS 2 TATTOO STUDIO AT 27 WELL STREET, MOFFAT APPLICANT: MR R PLOWRIGHT REF. NO.: 061P Recu~~enda~ion by Operations Manager Development Control - Approve subject to conditions. Decision - 1 BACKGROUND Case Officer - Hugh Kiilen 1.I The application site falls within the Moffat Outstanding Conservation Area and is located on the corner of Well Street and Chapel Street. The building is a Category C(S) Listed Building. The site covers an area of approximately 25m2 and the gross floor space is approximately 50m The proposed development involves the change in use of land from a clothes shop (which falls within Class I [Shops] of the Town 81 Country Planning (Use Classes) (Scotland) Order 1997) to a tattoo studio (which falls within Class 2 [Financial, Professional & Other Services] of the same Order). The existing clothes shop Underneath is a small shop selling lingerie. No internal or external alterations are proposed other than changing the lettering on the existing fascia signs. 1.3 Well Street, Moffat has been identified in the Local Plan as an Opportunity Site for Environmental Improvements (OPP2). The reason for this is that Well Street is seen as a vital area, which contributes to the variety of shops offered to the local residents and visitors to the town. 2 CONSULTATIONS 2.1 Divisional Environmental Health Officer - No objections. 2.2 Moffat & District Community Council - The kind of establishment is not in keeping with the majority of the shops in Well Street and is considered out of character. There are concerns over the lack of parking on Well Street and the potential noise associated with a tattoo studio adversely impacting nearby flats. The shop is close to two youth organisation buildings and young people may be influenced to consider tattoos, which they may regret at a later date. There is a question over the demand for the proposed type of shop. Finally, there was concern over the lack of publicity about the change of use and very few of the shopkeepers and residents of Moffat knew about the proposal.

4 3 REPRESENTATIONS Objections to the application were received from the following:- Mr A W Anderson, Ballplay Rd, Moffat; Mrs M Watson, 17 Annanside, Moffat; Mr W P Duncan, 1 Beechgrove, Moffat; Mr & Mrs Stewart, 6 Greenwood Close, Moffat; Mr & Mrs Blakesley, 43 Holm Street, Moffat Mrs J Purves, Ballplay Road, Moffat Mrs E Colville, Academy Road, Moffat. The issues raised in the letters can be summarised as follows:- a) The application is in close proximity to the meeting places for youngsters attending the Upper Annandale Youth Club in Well Street and those involved with the Moffat Youth Theatre. b) The proposed activity is out of character with other businesses in Well Street and Moffat as a whole. c) Question if there is a demand for this service in Moffat as there are large units in Dumfries and Carlisle offering similar products. d) Well Street is an important shopping area within the town, especially with tourists. If Moffat is to survive and prosper, there is a need to attract shops that appeal to visitors. A tattoo studio does not come into this category. The proposal would undermine those trying to attract new businesses into the shops which are currently empty. e) The development would increase anti-social behaviour on Well Street. f) Parking on Well Street is very restricted and clients of the tattoo studio could cause parking problems. g) Residents of the flats above the shop could have problems with noise. [NB - Non-planning matters raised in the letters will not be addressed in this report.] 3.2 The Applicant:- a) No structural modifications will take place to the building inside or outside. The colour scheme will remain the same except for change of the wording on the signage. In regards parking at 27 Well Street, as it is an existing shop, no additional traffic will be generated with the proposed change of use. 4 REPORT 4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that:- Where, in making any determination under the planning Acts, regard is to be had to the

5 development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise. " 4.2 The Development Plan for Moffat currently comprises the Dumfries & Galloway Structure Plan 1999 and the Annandale & Eskdale Local Plan There are no directly relevant Structure Plan policies in respect of this proposal. Annandale & Eskdale Local Plan General Polices 1 and 30 would apply. Also applicable is Proposal OPP2 (see paragraph 1.3 above). 4.4 The proposal has generated a number of objections. However, it is important to stress that the Council as planning authority can only consider the land use planning issues involved with this proposal. It cannot become involved in the moral or health issues raised by tattooing and body piercing. Ultimately, it is matter of personal choice whether or not individuals decide to obtain such items. The site's proximity to the Upper Annandale Youth Club in Well Street and the Moffat Youth Theatre therefore cannot be a determining factor in whether or not planning permission should be granted. Similarly, the economic viability of the proposal is not a planning concern; if there is not a market for such a service in Moffat (as some of the objectors suggest), then the business will close. It is not the role of the planning authority to prejudge or interfere in this regard. In terms of paragraph 3.1 e), there is no evidence to demonstrate that the proposed change of use from a lingerie shop to a tattoo studio would specifically attract anti-social behaviour into Well Street. 4.5 The valid planning issues therefore are:- the potential effect on the vitality and viability of Well Street as a shopping area; the effect on traffic / parking; and the effect on the residential amenity of adjoining residents. 4.6 General Policy 30 allows non-retail development in town centres provided:- they would not adversely affect the vitality and viability of the area; would not give rise to a material degree of land use conflict; would not have a material adverse affect on the general retail role of the area either individually or cumulatively, having regard to the existing balance between retail and non-retail uses; are not materially detrimental to the specific character and amenity of the immediate area or general amenity of the wider area; and can be suitably accessed and serviced. 4.7 The shop involved is relatively small, having a gross floor area of only 50m2. The loss of this retail unit when compared with the amount of remaining shops in the town centre is therefore negligible in terms of the effect it would have on the overall vitality and viability of Moffat. In any event, it should be noted that Class 2 Uses are, by definition, uses which are "appropriate to provide in a shopping area and where the services are provided principally to visiting members of the public. If It is also arguably better to have the unit actively used for a non-retail use than vacant and falling into a state of disrepair. 4.8 The letters of representation raise concerns over car parking on Well Street and the possibility that the proposed development would further exacerbate the problem. Due to the narrowness of Well Street, double yellow lines prevent on-street parking along the section of Well Street immediately outside the shop and on the opposite side of the road. In terms of traffic generation, the fact that the existing use is currently a shop must be taken into consideration. It is not considered that the change of use proposed would result in any increased traffic generation. The walking distance from the shop to the main car park in the

6 -4- centre of the High Street is not considered impractical, which further reduces the need for car spaces. Consequently, there are sufficient factors to dispel any concerns over increased car parking problems as a result of the proposed change of use. 4.9 Noise nuisance for local residents from the proposed tattoo studio was also raised as a concern. Environmental Health officers were consulted about this application and no objections were made against the proposal. Environmental Health are responsible for regulating noise nuisance and should this become a problem in future, from whatever land use, local residents would be advised to contact Environmental Health to address the problem As no physical alterations which would affect the character of this Listed Building are proposed as part of this application, no Listed Building Consent is required currently. Similarly, the change of use would not have any adverse effect on the character of the Moffat Outstanding Conservation Area Concern was expressed that the proposed change of use was not advertised. Change of use applications do not require a formal advertisement unless it involves a 'bad neighbour' development, as specified under Section 34 of the Act; tattoo studios do not fall into this category. In terms of neighbour notification, the applicant actually notified more parties than was required. It is noted that, notwithstanding the lack of a statutory advertisement, a considerable number of representations were received, all from parties with addresses outwith Well Street In conclusion, the proposed change of use of a clothes shop into a tattoo studio should not adversely impact on the vitality and viability of Moffat town centre. There is insufficient weight to the concerns about parking problems, noise nuisance and anti-social behaviour to warrant a refusal of this application. The proposed change of use is not expected to result in any loss of residential amenity, and is not likely to adversely impact local businesses, the Listed Building or the Outstanding Conservation Area. In addition, should the tattoo business fail to be successful, the unit could be used again as a Class 1 shop without the need for a further grant of planning permission. Consequently, the recommendation is for approval. 5 RECOMMENDATION 5.1 Approve subject to the following conditions:- 1. That the development hereby granted planning permission shall be commenced within five years of the date of this permission. 2. That, for the avoidance of doubt, the planning permission hereby granted is in respect of the use of the building only. No planning permission or Listed Building Consent is hereby granted for any external alterations to the building. No such alterations shall take place unless a further planning and / or Listed Building Consent application for such alterations has been submitted to and approved by the planning authority.

7 ANNANDALE & ESKDALE LOCAL PLAN:- -5- APPENDIX General Policy I : Development Principle There will be a general presumption against development which would give rise to a material degree of land use conflict, which would materially detract from and / or be incompatible with the character or amenity of the locality. General Policy 30 : Non-Retail development in District and Local Centres Proposals for non-retail development within the defined town centres (District and Local Centres) shown on the Inset Maps will normally be permitted provided that they:- a) would not adversely affect the vitality and viability of the area; and b) would not give rise to a material degree of land use conflict; and c) would not have a material adverse affect on the general retail role of the area either individually or cumulatively, having regard to the existing balance between retail and nonretail uses; and d) are not materially detrimental to the specific character and amenity of the immediate area or general amenity of the wider area; and e) can be suitably accessed and serviced.