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Agenda item
Shop and Premises LHS, Lacuna Place, Havelock Road (HS/FA/19/00814)
Minutes:
Proposal
The proposal is for the change of use to the vacant ground floor unit of Lacuna Place to a flexible A1, A2, A3, A5, B1, D1, and D2 use.
Application No
HS/FA/19/00814
Conservation Area
Yes - Hastings Town Centre
Listed Building
No
Public Consultation
No – Council application on Council owned land
The Planning Services Manager presented the application for change of use to the vacant ground floor unit of Lacuna Place to a flexible A1, A2, A3, A5, B1, D1, and D2 use.
The Planning Services Manager informed the Committee that the unit is vacant and has never been occupied. The floors above are in commercial use. The proposed flexible use would allow the premises to go from one of the identified flexible uses to another without requiring planning permission. The flexibility only applies for a period of ten years. She stated that the application was not considered to harm residential amenities.
Councillors were shown plans, photographs and elevations of the application site.
Councillor Beaver proposed a motion, seconded by Councillor Webb, to grant the application as set out in the resolution below.
RESOLVED – (unanimously) that Full Planning Permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2. The development hereby permitted shall be carried out in accordance with the following approved plans:
Site location plan, 101 & 201
3. The building shall not be occupied or brought into use until details of the sound insulation or odour control system (if required) have been submitted to, and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the details approved and no occupation of any building approved shall occur until those works have been completed. Any sound insulation or odour control system must be maintained according to manufacturer's instructions.
Should the use of the premises change from one of the approved flexible uses to another approved flexible use, further details of sound insulation shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of that use. These approved details shall then be implemented prior to the commencement of the proposed flexible use and thereafter maintained to an acceptable standard.
4. Any noise and music emanating from the premises or vibration transmitted through the structure of the premises, should not give rise to a nuisance at any noise sensitive premises from opening until close. For the avoidance of doubt, noise shall include that arising from all mechanical or electrical equipment used by the premises and noise arising from customers in the premises.
5. Prior to occupation of the first implemented use, opening hours must be submitted to and approved in writing by the Local Planning Authority.
Should the use of the premises change from one of the approved flexible uses to another approved flexible use, further details of proposed opening hours shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of that use. The approved hours shall therefore be implemented and retained thereafter, following occupation.
Reasons:1. This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.
2. For the avoidance of doubt and in the interests of proper planning.
3. To ensure a satisfactory form of development in the interests of the character and amenity of the area.
4. To safeguard the amenity of nearby residents.
5. To safeguard the amenity of adjoining and future residents.
Notes to the Applicant
1. Failure to comply with any condition imposed on this permission may result in enforcement action without further warning.
2. Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraph 38 of the National Planning Policy Framework.
3. The Health and Safety at Work Etc. Act 1974 will apply.
4. The Food Safety Act 1990 will apply.
5. The applicant is advised that should subsequent use of the premises include matters covered by the Licensing Act 2003 a separate application will need to be made to licensing and advertised publically for 28 days.
Supporting documents:
- MAP_HS_FA_19_00814_Shop and Premises LHS Lacuna Place, item 171a PDF 378 KB
- HS-FA-19-00814 Shop & Premises LHS, Lacuna Place, item 171a PDF 107 KB
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