PLANNING APPLICATIONS COMMITTEE08 November 2012

Item No: 08

UPRN APPLICATION NO. DATE VALID

12/P1940 09/08/2012

Address/Site: Units 11 & 12 to the rear of 78 Durham Road West Wimbledon SW20 0TL

Ward Raynes Park

Proposal Change of use from offices (B1) to a mixed use:- chiropractor (D1) and pilates studio (D2)

Drawing No’s Un-numbered plan received 17/07/2012, 78DR(E)100,

200, 202, 203, attachment 4 (block plan parking) 7 photos of cycle rack

Contact Officer Joyce Ffrench (020 8545 3045)

RECOMMENDATION GRANT PLANNING PERMISSION subject to planning conditions

CHECKLIST INFORMATION.� S106: N/A � Is a screening opinion required: No � Is an Environmental Statement required: No � Has an Environmental Impact Assessment been submitted – No� Press notice – No � Site notice – Yes � Design Review Panel consulted – No � Number of neighbours consulted – 23 � External consultations –None. � Density – N/A� Number of jobs created: 1 (2 part-time)

1. INTRODUCTION1.1 This application is brought before Committee for Members’ consideration due

to the number of responses that were received as a result of public consultation.

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2. SITE AND SURROUNDINGS 2.1 The application site consists of two (previously vacant) units that form part of

a two-storey suite of offices in the building to the rear of the retail unit at No. 78 Durham Road. The retail premises at 78 Durham Road sells furniture and homeware.

2.2 The suite of offices of which the application site forms part is accessed from Durham Road by an undercroft alleyway located between the premises at 76 [a retail wine outlet] and 78 Durham Road. This alleyway also provides access to residential properties (5 flats and 2 one bedroom houses) located to the rear of 76 Durham Road.

2.3 The chiropractor clinic that is the subject of the current planning application previously operated from 12A Durham Road and has relocated due to the expiry of the lease. The application site has a medium Public Transport Accessibility Level of 4.

3. CURRENT PROPOSAL 3.1 The proposal is for a change of use from offices to mixed use Chiropractor

(D1) and Pilates studio (D2). The application site comprises units 11 and 12 that are located to the rear of 78 Durham Road, the chiropractor is located within unit 11 on the ground floor of the building with the pilates studio in unit 12 on the first floor.

3.2 The hours of use are variable (Monday – Saturday) with the latest class/appointment ending by 9pm (Monday to Friday) and 2pm on Saturdays. The current application relates to the continued use of the property for these uses as the proposed uses commenced in September 2012.

4. RELEVANT PLANNING HISTORY4.1 A planning application for advertisement consent 12/P1941 is currently

invalid.

4.2 Planning permission was approved by the Planning Applications Committee in November 1989 [ref: 89/P1125] for the erection of a shop front extension and front and rear roof extensions together with a part-single part-two storey rear extension to be used as offices.

5. RELEVANT POLICIES.5.1 Policies retained in Adopted Unitary Development Plan [2003]

The relevant planning policies retained in the Adopted Unitary Development Plan [October 2003] are PE.2: Pollution and Amenity; L12 Provision of New Facilities; L.13 Improving Provision; S.11 Facilities for Customers.

5.2 Policies within the Adopted Core Strategy [2011]The relevant policies within the Adopted Core Strategy [July 2011] are CS.4, CS12 Economic Development; CS.14: Design; CS19 [Public transport]; CS 20 Parking, Servicing & Delivery

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6. CONSULTATION 6.1 The submitted planning application was publicised by means of a site notice

and individual consultation letters sent to 13 neighbouring properties and the 10 units which are part of the office complex (some of which are vacant). As a result of this consultation 7 letters of objection have been received raising the following issues:- � Increased noise and disturbance to residents to the rear of No. 76 � Potential to be used for a more disruptive use � Parking problems � Loss of privacy � Unauthorised advertising � Possible mis-use of ‘rights of way’ which is primarily for ‘known’ office

staff, residents and visitors to residential occupiers leading to loss of feeling of security.

6.2 In addition to these comments two letters have been received from the tenants of Units 8 and 10 stating that they have not been aware of any noise disturbance from Units 11 and 12 during the day.

6.3 Consultation letters sent by the Council to 78 Durham Road, and Unit 6, 78 Durham Road have been returned by the Royal Mail marked respectively as ‘no such address’ and ‘addressee unknown’.

6.4 LB Merton Transport Planning highlight that as the proposal does not include any off-street parking, any parking generated by the use is accommodated on Durham road. Whilst the operation of the use during the evening coincides with peak hours for on street parking on Durham Road and Amity Grove this is not be sufficient grounds for the refusal of planning permission.

7. PLANNING CONSIDERATIONS7.1 The key planning issues are whether the proposed uses are appropriate in

this location in terms of the impact on residential amenity and car parking, access and highway safety.

Impact on residential amenity7.2 Policy PE.2 of the of the Unitary Development Plan states that developments

that would have a adverse effect on nearby occupiers or on the amenity of the locality by reason of noise generation and disturbance will not be permitted unless any potential pollution or noise problems can be overcome by mitigating measures.

7.3 The application premises were previously in use as office floorspace arranged in two separate units. The current application seeks to legalise the existing use of Unit 11 as a chiropractor clinic, which is an established local use that previously operated at 12A Durham Road. The current application also includes a pilates studio.

7.4 The application involves two commercial units providing 36 square metres of floorspace for the chiropractor clinic and 12 square metres of floorspace for the pilates studio. It is considered that the small size of these units and the

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subsequent limit on capacity [5 -6 attendees to the pilates studio results in a low potential for nuisance from access to and from the premises. The applicant, who will be running the classes, has also given a written assurance that all clients will be reminded to respect the peace of adjacent residents upon leaving the premises. A planning condition is also recommended to restrict the hours that the use can operate.

7.5 The applicant has given an assurance that no medical equipment will be used within the premises however a planning condition is recommended to ensure that any equipment is provided with soundproofing to protect adjacent occupiers. The applicant, who will be running the classes, has given a written assurance that no music has, or will be played as part of the classes and a planning condition is recommended to ensure that no music or amplified sound is produced that would be audible at the boundary of the site. In order to assess the operation of the use a temporary planning permission is also recommended with the expiry of the temporary period designed to correspond with the end of the current building lease.

Car parking, access and highway safety7.6 Policy CS 19 of the adopted Core Strategy [2011] states that the Council will

support and enhance the public transport network by encouraging developers to demonstrate that the proposals do not have an adverse effect on transport within the vicinity of the site. An area of hardstanding to the front of 76 and 78 Durham Road and in front of the access to the application premises provides six off street car parking spaces. These off street car parking spaces are available on a ‘first come, first service’ basis. A further parking space is available in the rear courtyard but it appears that this space is never used be due to the narrow vehicle access shared with pedestrians.

7.7 The application site is located a short distance from this Raynes Park Local Centre and as a result benefits from the proximity to the uses and facilities it offers. The proximity to the local centre also means that there is a greater potential for linked vehicle journeys. The application site also has good access to public transport with a Transport Accessibility Level [PTAL] of 4 [where 1a represents the least accessible areas and 6b the most accessible].

7.8 It is noted that due to the nature of the use, patients visiting the chiropractor, are likely to travel to the premises by car, however it is considered that due to the small size of the use this is unlikely to have any significant impact on parking or local highway safety. A planning condition is recommended seeking details of cycle parking for the pilates students.

Other issues 7.9 An issue concerning a ‘right of way’ for pedestrians and vehicles has been

raised in public consultation responses. Whilst documentary evidence has been submitted with the planning application, this is not a planning issue but a private matter between the individual parties involved.

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8. CONCLUSION8.1 After consideration of issues relating to parking the submitted proposal is

considered acceptable with no objections to the development raised by the Council’s Transport Planning team in relation to parking and highway safety.

8.2 The change of use would bring this floorspace back into beneficial use, and with suitable planning conditions the use would maintain adequate residential amenity. It is recommended that planning permission be approved subject to planning conditions.

RECOMMENDATION GRANT PLANNING PERMISSION subject to the following planning conditions.

1. A.7 Approved Plans [Un-numbered plan received 17/07/2012, 78DR(E)100, 200, 202, 203, attachment 4 (block plan parking) 7 photos of cycle rack].

2. Non Standard Condition The chiropractor and pilates studio hereby permitted shall operate only between the hours of 0800hrs and 2100hrs Monday to Friday and between the hours of 0900hrs and 1400hrs on a Saturday. Reason for condition To safeguard the amenities of surrounding area and to ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan 2003.

3. D.3 Restriction of music and amplified sound

4. Non Standard Condition Any new plant and machinery associated with the uses hereby approved shall be provided with soundproofing to ensure that there is no increase in the background noise level by more than 2dBa L90 (5 min) with no increase in any one-third octave band between 50Hertz and retained permanently thereafter. Reason for condition To safeguard the amenities of the area and the occupiers of neighbouring properties and ensure compliance with policy PE.2 of the Adopted Merton Unitary Development Plan 2003

5 D.9 No external lighting

6 E.2 Temporary condition (01/10/2013)

7 Non Standard Condition The first floor of the premises shall only be used as a pilates studio and for no other purpose, (including any other purpose within Class D2 of the Schedule to the Town and Country Planning (Use Classes Order) 1997), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. Reason for condition The Local Planning Authority would wish to retain control over any further change of use of these premises in the interests of safeguarding the amenities of the area and to ensure compliance with policy BE.15 of the Adopted Merton Unitary Development Plan 2003.

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8 Non Standard Condition The ground floor of the premises shall only be used as a chiropractor clinic and for no other purpose, (including any other purpose within Class D1 of the Schedule to the Town and Country Planning (Use Classes Order) 1997), or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. Reason for condition The Local Planning Authority would wish to retain control over any further change of use of these premises in the interests of safeguarding the amenities of the area and to ensure compliance with policy BE.15 of the Adopted Merton Unitary Development Plan 2003.

9 Non Standard Condition [cycle parking facilities] Within 8 weeks from the date of the planning permission and notwithstanding information already submitted details of cycle parking including measures to protect them from the weather shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented and the parking available for use prior to first occupation and permanently retained thereafter. Reason for condition: To ensure satisfactory facilities for cycle parking are provided and to comply with policies CS18, CS19 and CS20 of the Adopted Core Strategy [July 2011].

Reasons for Approval:The proposal, suitably conditioned to assess any impact on adjacent residential occupiers, would provide employment and bring vacant offices back into beneficial use.

The proposal accords with policies contained in the London Plan [July 2011] and the Council’s Adopted Unitary Development Plan [October 2003] and the Council’s Local Development Framework Core Strategy [July 2011 as far as material to the proposals, which are the subject of this approval. The policies listed below were relevant to the determination of this proposal:

Policies retained in Adopted Unitary Development Plan [2003]The relevant planning policies retained in the Adopted Unitary Development Plan [October 2003] arePE.2: Pollution and Amenity L12 Provision of New Facilities L.13 Improving Provision S.11 Facilities for Customers.

Policies within the Adopted Core Strategy [2011]The relevant policies within the Adopted Core Strategy [July 2011] areCS.4 Raynes park local Centre CS12 Economic DevelopmentCS.14 Design;CS19 Public transport CS 20 Parking, Servicing & Delivery

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