Agenda item

To consider a report of the Chief Planning Officer on an application for change of use of houses (C3) to form educational facilities and cultural learning centre (D1)

(report attached)

  Plans, drawings and photographs were displayed at the meeting.  A Members site visit had taken place earlier in the day, although Members had only been able to access the premises at 15 Sandhurst Road

  The East Deputy Area Planning Manager presented the report which outlined the application which sought to retain the use of two mid-terraced dwellinghouses as a children’s educational and learning centre

  The retrospective application was outlined to Panel together with the recommended reasons for refusal of the application, as set out in the submitted report

  The receipt of further representations was reported, these consisted of a late objection sent on behalf of local residents; a 21 signature petition objecting to the proposals and additional information from the applicant’s agent referring to a 124 signature petition in support of the planning application; concessions to restrict attendance at the facility to children from within walking distance; reference to a fire safety audit letter from West Yorkshire Fire and Rescue Service relating to No. 15 Sandhurst Road and correspondence concerning requests to hire space for the facility in alternative premises.  Reference was also made to a conflict of interest in respect of one of the objectors

  Although Officers were of the view that the application should be refused as the properties were not considered suitable for the use, Officers were sympathetic to the use and considered there could be flexibility in terms of timescales for the cessation of the use and that assistance could be given to help find alternative accommodation for the facility

  The Panel heard from the applicant’s agent who provided information to Members, which included:

·  issues of noise and disturbance impacting on residential amenity and that these had not been evidenced

·  that an acoustic report could be provided

·  the willingness to only accept children who lived within walking distance

·  that the Council had not engaged with the applicant

·  that the service was needed and there was support for it

·  that a no car policy could be operated

Through questions by Members to the applicant’s agent, the following

additional information was provided:

·  that restrictions regarding attendance could be monitored by reference to the children’s addresses

·  that each room in the house was in use at all times when the premises were being used

·  that the premises were an out of school club and operated 2 sessions of 2 hours duration for 100 pupils per session

·  that the sound system in operation did cause some concern and that it was reasonable to require this not to be used

·  that the West Yorkshire Fire and Rescue Service was satisfied with the current situation, subject to a few alterations

The Panel then heard representations in support of the

recommendation from a local resident, who highlighted concerns, which included:

·  parking problems associated with the premises

·  the existence of alternative premises close by which could accommodate this use

·  the steep nature of the staircase to the upper floors of the premises with concerns relating to health and safety issues, especially fire safety concerns

·  noise disturbance from the sound system which as well as being used for traffic management, was also used for religious/educational purposes

The Panel discussed the application, with the main issues being raised

relating to:

·  the lack of toilet facilities for the numbers using the premises

·  the highway impacts of the use

·  fire safety concerns in view of the steep staircase to be negotiated in the event of an emergency

·  the content of the letter referred to by the applicant’s agent from West Yorkshire Fire and Rescue Service.  Members were informed this letter was dated November 2014 and set out the deficiencies found following a fire safety audit of No 15 Sandhurst Road and the measures required to address these deficiencies, which related to escape routes; fire doors; maintenance and testing of fire safety equipment and practical fire training and drills.  The letter also suggested that up to 60 people could use the property at any one time

·  that West Yorkshire Fire and Rescue Service, although not a statutory consultee should, in this case, have been invited to comment on the proposals

·  the size of the rooms and the arrangement of wires suspended through them

·  health and safety concerns, both in the event of having to evacuate the building, especially from the upper floors and the safe management of 100 children in what was a busy, congested street

·  issues of noise and disturbance

·  the nature of the buildings and that in their current form, they could not be made to comply with the Disability Discrimination Act.  Whilst this was an important issue, the Chair advised it was not part of the consideration of the planning application

In view of the comments made by Members, the Head of Planning

Services was of the view that discussions would need to take place with colleagues in Building Control and that urgent action should be taken to secure the cessation of the use.  The Head of Planning Services was asked to e-mail the Panel with an update on the situation within seven days

  In view of other similar schemes which had been presented to Panel, it was requested that a report be submitted to Joint Plans Panel relating to the development of a policy concerning cultural and education facilities in residential areas

  RESOLVED -  That the application be refused for the following reasons:

  1 The Local Planning Authority considers the development to represent an over intensive use of the application properties which results in a high level of activity and associated comings and goings, including vehicle movements and accordingly has a significant detrimental impact on the living conditions of nearby residents through noise and disturbance.  Accordingly, the development is contrary to the adopted Core Strategy (2014) policy P9, saved UDP Review (2006) policy GP5 and the general guidance within the NPPF which seeks to ensure development proposals do not adversely impact on and are appropriate to their surroundings

  2 The Local Planning Authority considers the scale of the use attracts significant vehicle movements to the site and a demand for parking which cannot be accommodated thereby resulting in indiscriminate parking along Sandhurst Road which is already heavily parked to the detriment of the free and safe operation of the local highway network.  The development is therefore contrary to adopted Core Strategy (2014) Policy T2 and saved UDP (Review 2006) policies GP5 and T24 and the guidance contained within the NPPF which seeks to ensure the highway impacts of development are acceptable