Agenda item

Proposal: Change of use of ground floor/basement from a cafe (Use Class A3) to a residential unit and alterations to rear elevation

The Planning Consultant presented the application as detailed in the agenda and outlined the key considerations which were principle of development, impact on designated heritage assets, highway safety and impact on residential amenity.

The Planning Consultant updated that since the report was published five objections had been received relating to the adverse impact on the future regeneration of Wincanton, the proposal setting a precedent for loss of further commercial businesses elsewhere in the town centre, no parking provision and lack of public transport network.

The Committee was addressed by a representation of Wincanton Town Council.  He advised that Wincanton Town Council objected to the application and highlighted that the property was located within the defined town centre and that similar applications for change of use for example in Church Street were acceptable as they were outside of the immediate environment on which it would have minimal negative affect.  This property was too close to the high street to be exempt from such considerations.  He referred to issues with parking and refuse collection due to the narrow pavement and commented that the proposed conversion was inappropriate and would reduce the vibrancy of the high street and went against the Town Centre Regeneration Plan.  The application would set a precedent and change the nature of the high street.

The owner of the property advised that negotiations on the long term rental of off road parking in a neighbouring street had been unsuccessful due to the length of time taken on the planning application but hoped if the application was approved parking could be negotiated elsewhere.  He noted that the property had been empty for over two years and that there were two other properties with planning consent for a restaurant and with access to parking that had been empty for at least four years.  He stated that there was a demand for residential use which was surely preferable over another empty property.  The open plan layout to the front of the building was designed to make the space as flexible as possible which could accommodate live/work arrangements.

Ward Member, Cllr Colin Winder supported the views of the Town Council and felt that the application was unacceptable.  He felt that the application should be refused as it failed to comply with the agreed Wincanton Town Centre Strategy in accordance with the NPPF Chapter 7 Paragraph 85 and the emerging South Somerset Local Plan 2016-36.

Ward Member, Cllr Nick Colbert agreed with the views of the Town Council that the property should remain as a commercial use.  He referred to the property having no parking and that free parking in Wincanton was not guaranteed.  He pointed out that the neighbouring property was the town hall who clearly objected to the application.  He was of the view that approving the application would go against the efforts being made to regenerate Wincanton Town Centre.

In response to a member question, the Legal Specialist advised that the Wincanton Town Centre Strategy had not gone through the same scrutiny as the Local Plan document.  The Strategy could have a bearing on a planning decision in that it could be a material consideration.  It was for members to decide what weight should be given to the Strategy.

In response to comments made by members, the Planning Consultant confirmed the following:

• The Local Plan Review was still at a very initial stage.
• Government guidance was clear in that strong weight could only be given to review documents when they were close to being completed or adopted.
• There were no objections from neighbouring properties in terms of residential amenity.
• The Government had introduced increasing permitted development rights.  In town centre locations, there were in certain cases permitted development allowances to change the use from retail uses into residential accommodation without the need for planning permission.
• From a planning policy point of view very little weight could be given to the Wincanton Town Centre Strategy in determining planning applications.

The Legal Specialist reiterated that the Local Plan review was in the early stages and therefore could only be given limited weight in its current form.

During the discussion, members made the following comments in objection to the application:

• Concern that there would be no commercial properties to regenerate.
• The key point of the regeneration was to enhance the vibrancy of the town.  Shops and cafes should be retained to help attract visitors to the area.
• Residential use on grounds floors in the town centre should not be encouraged and would damage the potential of a vibrant town centre.
• Each application should be considered on its own merit.
• Wincanton had more than its allocated residential development.
• The application would begin to make the town centre less vibrant than hoped to be after the regeneration.

It was proposed and seconded to refuse the application contrary to the Planning Officer’s recommendation.  The Planning Consultant suggested to members the following reason for refusal based on the issues raised during the debate as follows:

The proposed conversion from restaurant to residential use would result in the loss of a main town centre use in a prime town centre ground floor unit that contributes positively to the vitality and vibrancy of the town centre.  Paragraph 80 of the NPPF advises that significant weight should be placed on the need to support economic growth and productivity taking into account both local business needs and wider opportunities for development.  In addition, the Local Planning Authority acknowledges further guidance within the NPPF that residential development often plays an important role in ensuring the vitality of town centres and that residential development should be encourage on appropriate sites, however the Local Authority is of the opinion that this is not such an appropriate site because the harm would be caused to the vitality and vibrancy of this part of the town centre by permitting a proposal would significantly and demonstrably outweigh the benefits of one dwelling to the Council’s housing supply, as such the proposal would be contrary to policy SD1 of the South Somerset Local Plan and the provisions of the NPPF, namely the aims and objectives of Chapter 6 – Building a Strong Competitive economy and Chapter 7 - Ensuring the vitality of town centres and the aims and aspirations of the Wincanton Town Centre Strategy and Action Plan.

Members agreed with the reason and on being put to the vote the application was unanimously refused.

RESOLVED: That members of Area East Committee recommend to the Chief Executive that planning application 19/01725/FUL be REFUSED permission, contrary to the officer’s recommendation, for the following reason:-

The proposed conversion from restaurant to residential use would result in the loss of a main town centre use in a prime town centre ground floor unit that contributes positively to the vitality and vibrancy of the town centre.  Paragraph 80 of the NPPF advises that significant weight should be placed on the need to support economic growth and productivity taking into account both local business needs and wider opportunities for development.  In addition, the Local Planning Authority acknowledges further guidance within the NPPF that residential development often plays an important role in ensuring the vitality of town centres and that residential development should be encourage on appropriate sites, however the Local Authority is of the opinion that this is not such an appropriate site because the harm would be caused to the vitality and vibrancy of this part of the town centre by permitting a proposal would significantly and demonstrably outweigh the benefits of one dwelling to the Council’s housing supply, as such the proposal would be contrary to policy SD1 of the South Somerset Local Plan and the provisions of the NPPF, namely the aims and objectives of Chapter 6 – Building a Strong Competitive economy and Chapter 7 - Ensuring the vitality of town centres and the aims and aspirations of the Wincanton Town Centre Strategy and Action Plan.

(Voting: unanimous in favour)