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Agenda item
40 Marina (HS/FA/20/00230)
Minutes:
Councillor Davies returned to the meeting for the remaining items. Councillor Bacon had to leave the meeting early and left during this item without voting.
Proposal
Proposed new shop front including pavement lights, rear fenestration changes, minor internal changes. Change of use to mixed use E and F1 under the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020.
Application No
HS/FA/20/00230
Conservation Area
Yes - Burtons' St. Leonards
Listed Building
Grade II
Public Consultation
Yes - 9 letters of support, 12 letters of objection and 1 petition of objection
Mr Richard, Assistant Planning and Conservation Officer, presented the application for proposed new shop front including pavement lights, rear fenestration changes, minor internal changes. Change of use to mixed use E and F1 under the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020.
Three late comments were received, 2 objecting and 1 in support. One objection cited the wide application of the new class E and F1 uses and other comments were similar to those already received.
The property comprises a small shop unit with a basement below and flats located above. The property was originally part of a wider development that spanned from numbers 37 to 40 Marina. This particular property is believed to have been split into two shops in the 1920’s. The proposal is to put in a traditional, late Victorian style shop front, in line with the design of the shop front next door. At the ground floor level the proposals include a disabled toilet and soundproofing works to the ceiling.
Councillors were shown plans, photographs and elevations of the application site.
The petitioner, Mrs Mount, spoke against the application. Mrs Mount said that residents of 40 Marina spent 3 years campaigning for the sale of the units and welcomed ideas for their return to use. Residents of 40 Marina did not have objections with the proposed art gallery. However, there are fundamental faults with this planning application. The petitioners believe the report ignores environmental health and human rights laws. Environmental health concerns were first raised in June 2019. In January solicitors began providing the petitioners with a clear legal analysis of the application. Conditions are required to address the concerns of noise being conducted through the fabric of the building. There are 3 flats at 40 Marina, above 2 shops. All bedroom windows face the rear of the property, overlooking the rear basement service yard which is acts as an echo chamber. Mrs Mount said her flat’s 2 bedrooms are above the shop, separated only by a wooden ceiling which provides no sound insulation. Footsteps and conversations can be heard from below. It is unclear how effective the noise mitigation measures will be as modern regulations are not appropriate for an historic building.
Councillors asked questions of Mrs Mount.
The agent, Mr Derhun, was present and spoke in favour of the application. Mr Derhun welcomed the report and made clear that unauthorised works were subsequently rectified. The main thrust of the application has always been adequate sound proofing between the commercial and residential elements. The applicant is investing money into the property and will be involved for the long-term in order to create a sustainable business. Mr Derhun said there had been positive engagement with planners and there is no intention to do anything other than adhere to regulations and keep all parties happy.
Councillors asked questions of the agent.
The Assistant Planning and Conservation Officer said that a balance has to be struck between enhancing and sustaining the character and appearance of the conservation area, and dealing with residential and amenity issues including soundproofing, rear access and the use of the building. Details of the acoustic insulation will have to be submitted to, and approved by, the Local Planning Authority and the Local Building Control Partnership. The use class is being restricted within Class E to avoid any use which may not be suitable for the type of building.
Councillors asked questions of the officer.
The Planning Services Manager informed the Committee that condition number 7 should include ‘gallery’ after the words ‘retail shop’ as the application is for a retail shop with gallery.
Councillor Marlow-Eastwood proposed a motion, subject to the amendment to condition 7, seconded by Councillor O’Callaghan, to approve the planning 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:
SD/725/01a, SD/725/02c, SD/725/03b, SD/725/04d, SD/725/05a and SD/725/06a
3. Building works required to carry out the development and the delivery of goods to and from the premises during construction allowed by this permission must only be carried out within the following times:-
08.00 - 18.00 Monday to Friday
08.00 - 13.00 on Saturdays
No working on Sundays or Public Holidays.4. The use hereby permitted shall not commence until details of the acoustic insulation have been submitted to and approved in writing by the Local Planning Authority and has also been approved by the Building Control Partnership. The acoustic insulation, as approved, shall then be installed prior to the use hereby approved commencing.
5. The development may only open to the public between the following times:
Monday - Sunday 9am - 9pm inclusive of Bank Holidays.
Deliveries of goods to the premises shall be made to the front of the building (Marina) and may only occur between the following times:
Monday - Saturday: 8am - 6pm
Sunday and Bank Holidays: 8am - 4pm6. The development shall not be occupied until details of refuse storage have been submitted to and approved in writing by the Local Planning Authority. If the refuse bins or storage area is located within a building, suitable ventilation and sound proofing, where appropriate, shall be included within the details. Details shall also include refuse bin collection points, where relevant.
The use approved shall not commence until the all the approved details have been implemented. The refuse store and bin collection point (if required) shall thereafter be retained in perpetuity.
7. Notwithstanding the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 the use of the property shall be restricted to use as a retail shop, gallery, provision of financial and professional services, and use as an office under Class E and as a Museum and Exhibition Hall under class F1.
8. The commercial use of the basement and ground floors, hereby approved, applies to the internal areas of the building only. The rear courtyard may not be used for commercial purposes.
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 safeguard the amenity of adjoining residents.
4. To safeguard the amenity of adjoining residents.
5. To safeguard the amenity of adjoining residents.
6. In order to secure a well-planned development that functions well, protects the visual amenities of the area and the living conditions of future residents.
7. To safeguard the amenity of adjoining residents.
8. To safeguard the amenity of adjoining 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 proposal is a material change of use to which the Building Regulations 1991 apply and a building regulation submission is necessary before the occupation of the property and change of use takes place.
Supporting documents:
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