Application No. 12/00349/FUL Ward: Longbridge Reason for Referral to DCB as set out in Section I of the Council Constitution Address: Development: Applicant: The application has attracted two petitions from local residents objecting to the proposal and is being recommended for approval. 33 Faircross Parade, Longbridge Road, Barking Application for removal of condition 3 in respect of planning permission 72/00529/TP to allow unrestricted Class A2 use. Paddy Power PLC Summary: The proposal is for the removal of condition 3 in respect of planning permission 72/00529/TP. This permission was for the use of the ground floor of the shop premises at 33 Faircross Parade as office accommodation for an estate agency and mortgage insurance broker. Condition 3 stated that the shop unit should be used as an estate agency and mortgage and insurance broker s premises only and for no other purpose. The reason that the condition was imposed was to protect the appearance and character of the shopping parade - it was considered that a general office use would result in a shop front lacking interest and would be inconsistent with the shopping parade. The premises have been used since the 1972 permission as an estate agency which is in Use Class A2. Betting shops are in the same Use Class as estate agencies and the change of use of premises from an estate agency to a betting shop is normally permitted under the Use Classes Order without the need for a planning application. However in this case such a change of use is precluded by condition 3 of the 1972 permission. The applicant has applied to remove condition 3 so that the premises can be used as a betting shop. The main considerations are the impact of the development on the character of the parade and the potential for the use to cause a noise nuisance to occupants of the residential properties above the shop unit. It is considered that the window display of a modern betting shop would be compatible with the character of the shopping parade. The Council's Environmental Health Team are satisfied that noise issues can be sufficiently mitigated by condition. The proposal is considered to comply with Local Development Framework policies and accordingly the application is recommended for approval subject to conditions.
Recommendation(s) That the Development Control Board grants planning permission subject to the following conditions 1. The development permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by S.51 of the Planning and Compulsory Purchase Act 2004). 2. All of the acoustic treatment measures set out in the submitted Acoustic Assessment Report - 5103/AAR dated 20 June 2012 - shall be fully implemented before the use of 33 Faircross Parade as a Betting Shop is commenced and retained for as long as the shop unit is in use as a betting shop. Reason: To avoid any loss of amenity to neighbouring occupiers and to comply with Policy BP8 of the Borough Wide Development Policies Development Plan Document. 3. The use hereby permitted shall not take place other than between the hours of 9.00 am and 10:00 pm. Reason: To prevent the use causing any undue disturbance to occupants of neighbouring properties at unreasonable hours and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document. 4. Any television screens within the shop premises shall not be visible from outside the shop. Reason: To prevent the use causing any undue disturbance to occupants of neighbouring properties and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document. 5. The front entrance door to the premises shall be fitted with a self-closing mechanism. Reason: To prevent the use causing any undue disturbance to occupants of neighbouring properties and in accordance with policy BP8 of the Borough Wide Development Policies Development Plan Document. Contact Officer Hugo Marchant Title: Principal Development Management Officer Contact Details: Tel: 020 8227 3780 Fax: 020 8227 3490 E-mail: hugo.marchant@lbbd.gov.uk
1. Introduction and Description of Development 1.1 The application site is a shop unit located in Faircross Parade facing north onto Longbridge Road, Barking. The proposal is for the removal of condition 3 in respect of planning permission 72/00529/TP to allow unrestricted Class A2. This would allow the applicant to establish a betting shop at this premises.. 2. Background 2.1 72/00371/TP Change of use of premises to that of a licensed betting office. Planning permission was refused in 1972. 2.2 72/00529/TP Use of the ground floor shop premises as office accommodation in connection with its use as an estate agency and mortgage insurance brokers. Planning permission was granted in 1972 on condition that the use was restricted to that of an estate agency and mortgage insurance brokers. The restriction was on the grounds that a more general office usage would have the effect of breaking the continuity of the retail parade. 2.3 92/00100/TP In 1992 an application was made by Corals for the unrestricted use of the premises within Class A2, the erection of a single storey rear extension, the installation of a new shop front and a satellite dish antenna to the rear of the property. Permission was granted, but the use of the property as a betting shop was not taken up within the required 5 year period and the permission therefore lapsed. 2.4 12/00125/FUL In 2012 permission was granted for the demolition of an existing rear extension to the property and the erection of a single storey rear extension including the installation of 4 satellite dishes and 2 air conditioning units 3. Consultations 3.1 Adjoining occupiers: Two petitions have been received objecting to the proposal - one with 159 signatures and one with 9 signatures. The objections relate to late night noise, noise from air conditioning units, a detrimental effect on the local economy, vandalism and a negative effect on young people in the area who may start to gamble at an early age. In response to these observations: It is not evident that betting shops contribute to late night noise on the street. While it may be the case that noise from televisions within such a shop may cause a nuisance to neighbouring properties, in this case the applicant has provided details of a noise prevention scheme which satisfies the Council's Environmental Health Team. It is considered that a condition to require the implementation of the scheme will satisfactorily mitigate this potential problem. The air conditioning units were approved under planning application 12/00125/FUL and were not considered to pose a noise nuisance to neighbouring properties. There is no evidence that a betting shop would increase vandalism in the area;
The age at which people can bet is not a matter for the planning system to address. This is an area where Central Government may legislate should they deem it appropriate. 3.3 A letter has been received from a firm of solicitors located in Birmingham and representing clients who occupy competing premises close to 33 Faircross Parade. They object to the proposals on the following grounds: Policy BE1 of the Borough's Borough Wide Development Policies Development Plan Document seeks to protect retail uses by restricting non retail uses to 35% of the measured frontage of the centre. Note: this is indeed the case. However the shop unit is already in A2 usage and therefore does not change the percentage of A2-A5 uses in the frontage. Policy BE1 states: "Proposals for a change of use from A1 uses along protected shopping frontages (both primary and secondary) should demonstrate that they comply with the following: [...]". As the unit is already in A2 use the policy does not apply. However for the record the relevant figures are: Total Frontage 19-36 Faircross Parade: 109.1 metres, Total non-retail 37.1 metres Percentage non-retail 34% Total Frontage Faircross Neighbourhood Centre: 227 metres Total non-retail : 89.4 metres Percentage non-retail 39.4% The solicitors acting for the nearby competitor seek to classify 22 Faircross Parade as a non-retail use. In fact this shop unit is in use as a dry cleaners which is classified as an A1 (retail) use and therefore the figures are unaltered. The property is located within a thriving neighbourhood centre, with a low vacancy rate and turnover of tenants. The unit is not vacant and remains viable for a retail use; no evidence of a marketing campaign has been submitted; there is no demonstrable need for a betting office because one already exists in the centre. Note: as already set out above the application is not contrary to policy. The applicant does not need to demonstrate marketing for other uses. Also the need for a betting shop is not a planning consideration but is dictated by market forces. 3.3 Environmental Health Team - Recommend a condition restricting the hours of trading to 8:30am to 10:00pm. Note: see condition 4 above.
The Team recommend that the proposed acoustic measures are put in place prior to occupation of the premises: Note: see condition 2 above. 4. Local Finance Considerations 4.1 There are no local finance considerations associated with this application. 5. Analysis 5.1 Principle of Development 5.2 The increase in the number of betting shops locally and indeed across London has attracted the interest of a range of Councils and organisations. For example there is anecdotal evidence that the cluster of betting shops on Station Parade in Barking Town Centre has contributed to a rise in anti-social behaviour in this location. This is substantiated by evidence elsewhere from Community The union for Betting Shop Workers. Therefore not surprisingly a Local Government Association survey has found that generally Councils are concerned about the negative impact of uses such as betting shops on the attractiveness of local high streets and want more powers to tackle clustering. 5.3 This was an issue also identified by the Portas Review. The Portas Review considered that the influx of betting shops, often in more deprived areas, is blighting our high streets and recommended that they be put in their own separate use class. This is also supported by the LGA. At present betting shops are in the A2 use class. This is the same use class as building societies, estate agents and employment agencies. 5.4 The use of 33 Faircross Parade is restricted by a planning condition, imposed in 1972, which only allows it to be used for the specific A2 use of an estate agency and insurance broker and not for other A2 uses such as a betting shop. This was imposed to protect the character and appearance of the shopping parade. However in 1992 the Council granted unrestricted use of the premises within class A2. It is only because this later permission was not implemented that planning permission is required for this proposal, and this is disputed by the applicant. Normally this would be permitted development and the Council would have no control over it. Consequently since the existing and proposed uses are both in the A2 use class, Borough Wide Development Policy BE1 which restricts A2-A5 uses to a maximum of 35% of the measured frontage in Neighbourhood Centre is not relevant. 5.5 Therefore despite the concerns expressed by the petitioners and the concern generally about the spread of betting shops this proposal complies with the Council s planning policies. 5.6 Otherwise the main consideration is with respect to the purpose of the original condition, which is the impact of the development on the appearance and character of the parade. It is considered that the window display of a modern betting shop would be compatible with the appearance and character of the shopping parade. 7. Conclusion
7.1 The proposed development complies with the Council s Local Development Framework 7.4 It is recommended that planning permission is granted. 8 Background Papers Planning Application File Core Strategy Policies: Policy CM1 - General Principles of Development Borough Wide Development Policies: Policy BP8 - Residential Amenity Policy BP11 Urban Design