To consider a report by the Chief Planning officer which sets out details of an application for the change of use of garage to form A1 retail unit at The Beauty House, 2 Haigh Moor Road, Tingley, WF3 1AA
The Panel considered the report of the Chief Planning Officer which set out an application for the change of use of a garage to form A1 retail unit at The Beauty House, 2 Haigh Moor Road, Tingley, Wakefield, WF3 1AA.
Members had attended a site visit earlier in the day and photographs and plans were shown throughout the presentation.
Members were advised of the following points:
· The garage is within the boundary of The Beauty House salon’s curtilage, which was granted permission for its existing use in November 2016;
· The premises had previously been a post office, the ground floor was now a beauticians with a flat above;
· There was parking to the front and sides for The Beauty House;
· It was proposed that the garage door would be removed and replaced with a door and a window;
· Unrestricted A1 retail use was proposed but in practice would involve the sale of beauty products, deli foods and hot drinks and soups, it was not intended that there would be an oven on the site as food preparation would be outsourced. There would be two small tables for customers inside;
· Requested opening times were 8:00am – 7:00pm Mondays to Fridays, 9:30am to 6:30pm Saturdays and 10:00am to 4:00pm on Sundays and bank holidays;
· Cllr. Mulherin had requested that the application be brought to Plans Panel raising concerns that the proposal would exacerbate the existing parking problems at the nearby junction, and that there was a possibility for future use as a café;
· Objections had been received and were within the submitted report at paragraph 6.4 and included objections such as there is a café opposite, shops nearby, noise disturbance, change of the area’s character and loss of privacy/amenity for neighbours dwellings.
· It was noted that some objections had been superseded as there was to be no use of the rear garden of the property and this restriction would be a condition. There would be no seating to the outside of the A1 retail unit;
· The A1 retail unit was only to be operated by the owner or a family member and this restriction would be ensured by way of a condition;
· Highways had raised no objections.
Mr West a neighbour attended the Plans Panel saying that he was speaking as an objector and on behalf of other neighbours. He informed the Panel of his concerns as follows:
· The plans provided for Members detailing the proposals are unclear;
· Highway issues;
· Excessive opening hours;
· There is a bus stop both sides of the site and the bus often rests here;
· The car parking area is too small to fit 4 cars and there is no mention of parking for staff. There are parking issues in the area.
· Shrub hedging – removed;
· Haigh Moor Road has a wide turning into Westerton Road and would cause difficulties for vehicles coming out of the car park.
The applicant had been informed of the Plans Panel meeting in advance and right to attend Panel to speak in response, but confirmed via email correspondence that they did not wish to do so.
In response to Members questions and comments the Panel were informed of the following with ensuing discussions focusing on these points:
· Permission for the salon had been agreed on 2nd November 2016, the garage is linked to the permission as the area identified as its cycle store, and has a parking space in its forecourt used currently by the tenant of the residential flat on the first floor of the Beauty House. It was noted that this parking space was to be lost and that the tenant would use another space set out in the proposal.
· It was also noted that the salon is operational, however associated parking layout had not been fully implemented as per the conditions on the 2016 permission;
· It was confirmed that, once officers had become aware of non-compliance with the 2016 permission requirements, it was regarded as not reasonable or proportionate to enforce against this due to the current application’s proposals
· The details in paragraph 2.4 were noted to be correct;
· Councillors raised concerns in relation to the first application’s conditions for parking having not been adhered to previously and that, should it be necessary in the event of non-compliance with the current proposed conditions, enforcement action could be taken;
· Highways officers had visited the site and were of the view that the area for parking was large enough. However, the officer was of the opinion that marking out the parking spaces would make the parking area more efficient than the current gravelled area;
Members also discussed the proximity to the neighbouring property and raised concerns about noise, although it was noted that the proposed retail unit would not be directly attached to the neighbouring property and any noise impact would be minimal. Further, it was noted by Members that the transition of the main beauty salon unit to a commercial (rather than residential) space has already now taken place – such that the further change will not unduly alter the character or amenity of the area as it currently exists.
Members suggested that parking conditions as set out in previous permission should be adhered to before work commenced on the proposed retail unit.
Members requested that there be an additional condition in relation to boundary treatment for more planting.
RESOLVED - To grant permission subject to the specified conditions as set out in the submitted report with the addition of the following conditions;
· For parking layout to be created before work on the A1 retail unit commences; and
· More planting as part of the proposed boundary treatment.