PLANNING, DESIGN & ACCESS STATEMENT 94 – 96 High Street, Crawley

July 2013 Rev A

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

1. INTRODUCTION

1.1 This application has been submitted on behalf of KFC who have recently acquired an interest in No. 94 High

Street, Crawley to use the premises as ancillary seating to their existing unit at No. 96 High Street.

1.2 Following a detailed review of the planning history, it became apparent that a number of previous

permissions relating to No. 94 did not appear to have been implemented in accordance with the approved

drawings therefore casting doubt over the lawfulness of the implemented permission. In order to address

this, KFC have instructed Resolution Planning to submit a planning application to regularise these works as

well as seeking a change of use of No. 94 – 96 High Street.

1.3 This planning statement should be read in conjunction with the following drawings:

Site Plan – Drawing Ref. 2196/A001;

Existing and Proposed Elevations – Drawing Ref. 2196/PL001 Rev B;

Existing General Arrangements Plan – Drawing Ref. 2196/PL002; and

Existing and Proposed First Floor Plans – Drawing Ref. 2196/PL003 Rev A.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

2. SITE AND SURROUNDINGS

2.1 The premises are situated at the northern end of High Street on the western side of its junction with Orchard

Street. They are within the defined town centre boundary and within an area of secondary shopping

frontage. The surrounding area is predominately commercial in nature and there is a large Barclays Bank on

the opposite side of Orchard Street. There is also a high concentration of takeaway uses in the vicinity. The

site to the rear of the premises is currently being redeveloped to provide a mixed use scheme including a

foodstore and hotel.

2.2 The site covers an area of 425 sq.m and is rectangular in shape. The main pedestrian access to both units

is taken from the front of the site on High Street with the rear entrances providing servicing access via

Orchard Street. A separate access via Orchard Street provides access to the first floor accommodation

above No 94 High Street.

2.3 The ground floor of No. 96 is presently in use as a KFC takeaway with residential accommodation above.

No. 94 is currently vacant but has been in various restaurant / takeaway uses since 2008.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

3. PLANNING HISTORY

No. 96 High Street

3.1 No. 96 High Street has a long and detailed history but nothing of relevance to the proposed development

other than it has planning permission for A5 takeaway use.

No. 94 High Street

3.2 The relevant planning history is as follows:

Application

Number Location Description

Date

Registered

CR/2011/0248/FUL

94 High Street,

West Green,

Crawley

Change of use from servicing yard/parking to

outdoor smoking area & new timber gates 12/05/2011

CR/2009/0551/CC1

94 High Street,

West Green,

Crawley

Discharge of condition 3 (bin storage) pursuant

to cr/2009/0551/ful retrospective application

for erection of single storey rear extension,

boundary walls, shop fronts, extract ducts and

condensers

14/10/2010

CR/2009/0551/FUL

94 High Street,

West Green,

Crawley

Retrospective application for erection of single

storey rear extension, boundary walls, shop

fronts, extract ducts and condensers (amended

description, additional information and

certificate b received)

25/02/2010

CR/2008/0225/COU

94 High Street,

West Green,

Crawley

Change of use from a2 to a3 and proposed

single storey rear extension 01/04/2008

CR/2008/0177/COU

94 High Street,

West Green,

Crawley

Change of use of the ground floor to a3

(restaurant) 11/03/2008

CR/2008/0109/COU

94 High Street,

West Green,

Crawley

Change of use of front part of ground floor to

a5 (hot food takeaway) (amended plans and

certificate b received)

14/05/2008

CR/2008/0021/COU

94 High Street,

West Green,

Crawley

Change of use of ground floor to class a5 (hot

food takeaway), the erection of a single storey

rear extension and its subdivision into three

units for class a5 use and installation of four

04/01/2008

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

new shop fronts fronting orchard street

CR/2007/0141/COU

94 High Street,

West Green,

Crawley

Change of use from a2 to a3/5 (hot food

takeaway/restaurant) 08/03/2007

3.3 Prior to 2008, the lawful use of No. 94 High Street was A2, Financial & Professional Services. This

permission was secured on the 13 March 1970 under Planning Application Ref. CR/44/70. In 2008, three

consecutive change of use applications were approved by the LPA. These secured planning permission for

change of use to A3 and A5. The reference numbers and description of development was as follows:

CR/2008/0225/COU - Change Of Use From A2 To A3 And Proposed Single Storey Rear Extension

CR/2008/0177/COU - Change Of Use Of The Ground Floor To A3 (Restaurant)

CR/2008/0109/COU - Change Of Use Of Front Part Of Ground Floor To A5 (Hot Food Takeaway)

3.4 All three permissions required the discharge of conditions prior to their implementation. The planning

history shows that no conditions were ever discharged for any permission. Despite this, a change of use

occurred and rear extension and other building works completed.

3.5 In 2009, retrospective planning permission was sought for the erection of a single storey rear extension,

boundary walls, shop fronts, extract ducts and condensers under planning application ref.

CR/2009/0551/FUL. The committee report confirmed that the applicant had in fact implemented

CR/2008/0225/COU without discharging conditions or according with approved drawings. The construction

of a rear extension was also consistent with the approved plans as was a change of use of the entire

premises to A3 use. The committee report also confirmed that the only aspect of the development that

was not in situ was the extract duct / chimney. All other aspects of the development had already been

built.

3.6 The application was approved on the 7th September 2010 subject to the following conditions.

1. The development hereby permitted shall not be carried out other than in accordance with the approved

plans as listed in this Decision Notice save as varied by the conditions hereafter.

2. Within 3 months of the date of this permission, the means of ventilation/extract hereby permitted shall be

installed and maintained in accordance with the approved details shown on drawing number J675-200C.

3. Within 1 month of the date of this permission, details of the layout for the rear service area (to include bin

storage area, space for parking / deliveries to serve the premises) shall be submitted to the Local

Planning Authority for approval. Such details shall include a layout plan and method statement for

implementation of the works. The works shall be implemented within 2 months from the date on which

these details are agreed in writing by the Local Planning Authority and thereafter maintained in

accordance with approved these details.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

3.7 Condition 2 required the approved ventilation / extract to be installed within 3 months of the date of the

permission. The requirements of this condition do not appear to have been satisfied as the new rear

chimneys were never installed.

3.8 Whilst Condition 3 was also never formally discharged, it’s requirements appear to have been satisfied

through the approval of a subsequent planning application (ref. CR/2011/0248/FUL). The officer’s delegated

report read “a condition was applied to application number CR/2009/0551/FUL which sought details of the

rear service yard to ensure removal of the existing slab, to enable car parking and access to the rear and to

demonstrate proper circulation. Details were submitted pursuant to this condition but not approved as the

circulation within the site was unacceptable. That permission remains pending and this application seeks to

address the concerns regarding circulation to the rear but also removes two parking spaces”.

3.9 Having regard to the above, it would appear that despite granting planning permission two times under

planning application ref. CR/2008/0225/COU and CR/2009/0551/FUL, the applicants failed to discharge

conditions raising doubt over the legitimacy of the implemented consents.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

4. PROPOSED DEVELOPMENT

4.1 As referred to in the introduction, No. 94 High Street has recently been acquired by KFC to use as ancillary

floorspace to its existing unit at No. 96 High Street. Whilst no external alterations are proposed under this

application, (please see separate submission by Hone Edwards Associates), planning permission is being

sought for the change of use of both ground and first floors and retrospective planning permission to

regularise unauthorised work carried out by previous occupiers / owners.

4.2 To clarify, this application seeks planning permission for:

Retrospective planning permission for the erection of a rear extension, boundary walls, shop front

and four condenser units previously granted under planning permission ref. CR2009/0551/FUL; and

Change of use of ground and first floors at Nos. 94 – 96 High Street to mixed A5 / A3 use.

Change of Use to Mixed A5 / A3 Use at Nos. 94 and 96 High Street

4.3 At present, Nos. 94 and 96 High Street comprise of two independent planning units. Whilst the permitted

use of No. 96 is A5 (ground floor) and C3 dwelling house (first floor), the use of No. 94 High Street is unclear

due to uncertainty over the implementation of previous consents. What is clear is that both the ground and

first floors have been used as A3 and A5 restaurant floorspace. This application seeks to remove any

element of doubt relating to the permitted use of the premises through a change of use of both 94 High

Street and 96 High Street to mixed A5 / A3 use.

4.4 No. 96 will continue to operate as a takeaway and a new internal entrance will be created to provide access

to No. 94 which will be used an ancillary seating area. We consider the primary use to be A5 takeaway with

the A3 use (seating area) as ancillary floorspace. It is also important to note that No. 96 High Street does

benefit from permitted development rights allowing change of use to A3 without the need for planning

permission. Despite this, it has been included it within the scope of this submission to ensure consistency

across both units.

Retrospective Planning Permission for rear extension, amendments to boundary walls, shop front

and new condensers (all in situ)

4.5 In light of the concerns regarding the planning history (detailed in Section 3 of this report) and in particular

the question marks over the implementation of CR2009/0551/FUL, this application also seeks retrospective

planning permission for the various operational works carried out at No. 94 High Street. This includes the

following works:

Erection of a single storey rear extension at No. 94 High Street;

Alterations to the Boundary Walls;

Alterations to shop front and

Installation of 4 condenser units on the northern elevation of No. 96 High Street.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

4.6 Further information on the proposed works is included in Appendix 1, which includes the committee report

and proposed plans for CR2009/0551.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

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5. PLANNING ASSESSMENT AND DESIGN & ACCESS ARRANGEMENTS

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and Section 70(2) of the Town and

Country Planning Act 1990 requires all planning applications to be determined in accordance with the

development plan unless material considerations indicate otherwise. The Development Plan in this case

comprises the saved policies from the Crawley Borough Local Plan 2000 (LP) and the Adopted Core

Strategy 2008 (CS).

Principle of Development

Change of Use to A5 / A3

5.2 The development site lies within the defined town centre boundary and within an area of secondary frontage.

When considering applications for a change of use within town centres, the key test should relate to whether

or not the proposed development would be detrimental to the vitality and viability of the retail function of the

town centre in accordance Core Strategy Policy TC3. Since No. 94 High Street is presently vacant, the

proposed development to merge it with the adjoining KFC would bring back a currently vacant unit into use

thereby enhancing the vitality and viability of the town centre. The proposed use is also consistent with the

town centre location and the surrounding area which includes a number of other restaurant / takeaway uses.

5.3 The acceptability of both A3 and A5 uses have been tested at the site in the past. In 2008 planning

application ref. CR2008/0109/COU and CR2008/0225/COU sought the change of use of No. 94 High Street

to A5 and A3 use respectively. Both applications were approved under the current development plan

policies demonstrating that the principle of development is sound. Whilst the current application proposes

mixed use A5 / A3, the assessment is considered to be the same.

5.4 The proposal will also result in the loss of a 1 bedroom flat above No. 96 to mixed A5 / A3 floorspace due to

internal reorganisation. The applicant may in the future pursue the conversion of the first floor above No. 94

to residential use to offset this loss. If this is to be pursued, it has been decided that this should be done

under a separate application to ensure it has no adverse impact on the consideration of this application.

5.5 With regard to amenity considerations, it important to note that the proposed development simply involves

the internal reorganisation of No. 94 High Street so that it can be used as ancillary seating area to the

existing KFC at No. 96. We would not expect there to be any adverse impacts on amenity as a result of the

proposed change of use. It is also important to note that proposed development lies within the defined town

centre boundary where it is generally accepted that late night food and drink uses operate.

5.6 We consider that the proposed development accords with Policies GD1 and GD3 of the LP, TC1 and TC3 of

the CS and the Town Centre Wide SPD.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

Retrospective Planning Permission for Rear Extension and Other Building Works

5.7 Planning permission is sought to regularise a number of building works which may have been unlawfully

implemented. The works relate to:

the rear single storey extension at No. 94 High Street;

boundary wall alterations;

Condensers on the northern elevation; and

Alterations to shop front.

5.8 Whilst a separate application by Hone Edwards Associates has also been submitted for further external

alterations to the buildings including new external plant and shop front, the purpose of this application is to

regularise the existing building works, in particular the rear extension which have already been completed.

5.9 In order to access the acceptability of the building works, regard must be had to the consideration of

planning application ref. CR2009/0551/FUL which sought permission for:

“Retrospective application for erection of single storey rear extension, boundary walls, shop fronts, extract

ducts and condensers (amended description, additional information and certificate b received)”.

5.10 This retrospective application was submitted to regularise all building works with the exception of the

ductwork to the roof which was to be replaced. The committee report confirms this at Para 2.2 stating that

the extract duct was the only part of the application proposal which was not in situ. Despite the application

being approved by the LPA, the applicants failed to comply with conditions requiring the removal of the

existing extract duct and its replacement in accordance with the approved drawings. It is the failure to

comply with this condition that has led to the doubts over the lawfulness of the building works as opposed to

them having been completed without consideration by the Local Authority.

5.11 We can confirm that all the works proposed under this retrospective application were deemed to be

acceptable by the Planning Authority through the granting of planning permission. When considering the

application, the officers report (para 5.1 – 5.2) states:

“The main issues to consider are the new impacts of the works over the previously approved application. The

alterations affect the external appearance of building. ……………………The extension is similar in scale and

appearance to that previously approved under CR/2008/0225/COU, when it was considered that the

extension proposed was relatively small scale compared to the existing building. The extension matches in

terms of height and character and appearance of the existing rear projection. The extension proposed is

viewed against the existing brick wall backdrop of Bar Med to the north. The brickwork has a slight variation

in terms of the colour match to the existing, however, this is not considered to be so detrimental to the

character and appearance of the surrounding area as to warrant refusal and removal of the single storey rear

extension. The extension is not considered to be detrimental to the character and visual amenities of the

surrounding area.”

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

5.12 The existing ductwork on the western elevation (previously considered to be unacceptable) will be removed

as part of this application and the roof reinstated / made good as this was the only contentious issue when

determining the application. We consider the proposal to accord with the relevant development plan

policies.

Immunity from Enforcement

5.13 We can confirm that the building works were completed during the summer of 2008 after the granting of

planning permission (Ref. CR2008/0225/COU). This was followed by a Licensing Application which was

approved on the 3rd

November 2008 after which the restaurant began trading. This would suggest that the

building works were completed over 4 years ago and therefore immune from enforcement action. Despite

this, KFC are keen to address matters through this application.

Design and Access Issues

Design

5.16 Whilst the proposed development seeks retrospective planning permission, all amendments sought are

already in situ and will therefore have no impact on the design of the building.

Access

5.17 The application will not result in any external alterations to vehicular or pedestrian access. Customers will

continue to utilise the existing access arrangements on site.

5.18 The site is located within the town centre and within a highly sustainable location.

Landscaping

5.19 There is no landscaping involved in the scheme.

Planning Appraisal – KFC, 94 – 96 High St, Crawley

Resolution Planning

6. CONCLUSION

6.1 For the reasons detailed above, the planning application is considered to be acceptable. We summarise the

main planning justification for the proposal as follows:

The principle of the change of use to mixed A5 / A3 use is acceptable as demonstrated by the

Council’s decision to grant planning permission for A3 and A5 uses in 2008.

The proposed mixed A5 / A3 use is consistent with the town centre location where it is generally

accepted that late night food and drink uses operate.

The building works which are to be regularised under this application have all been considered and

deemed acceptable by the Local Authority through their granting of planning permission under ref.

CR2009/0551/FUL.

6.2 Having regard to the above, we hope that you agree with our assessment and grant planning permission

accordingly.