Agenda item

Change of use of ground and lower ground floors from office (B1a) to a mix of office (B1a) and associated crèche (D1) (Sui Generis), including replacement of external roller shutter door with a double crittall door along Crawford Passage (east elevation).

(Planning application number: P2017/3825/FUL)

The planning officer advised that condition 8 would be replaced with a time limit condition of five years. There would also be an additional condition to ensure that the crèche ran in conjunction with the office space and not independently.

In the discussion the following points were made:

·        Concern was raised regarding the loss of 30% office space which was a breach in policy.  In response, it was noted that the crèche would support and improve the function of the existing office accommodation and would be linked to the office space, there would be a time limited condition to control future use and the Local Plan detailed that use, such as childcare facilities, could be appropriate.

·        Members also raised concern regarding the length of marketing time which had been nine months and not the required two years. It was noted that during the nine months marketing period there had been only two offers and the other offer was substantially below the rental requested. The marketing evidence was broadly complaint with policy and the application was considered to be broadly acceptable on balance.

·        Members raised concern that the proposed five year time limit was not usual and considered that a shorter time period would be more acceptable.

·        Concerns were raised that hours for construction work were not restricted and could cause noise nuisance to local residents.

Councillor Robert Khan proposed a motion to reduce the time limit to three years. This was seconded by Councillor James Court and carried.

Councillor James Court proposed a motion to add a condition to limit building work from 9am to 5pm on Mondays and Fridays only.  This was seconded by Councillor Jenny Kay and carried.

RESOLVED:

That planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report and the amended condition and additional conditions outlined above, the wording of which was delegated to officers and detailed below for completeness.

Agreed delegated wording

CONDITION: Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) Order 2016 (or any order revoking and re-enacting that Order with or without modification), the premises forming the subject of this permission identified on the approved drawings as being used for B1 (office)/D1 (crèche) shall cease within 3 years of the date of this permission. The use shall revert back to being solely B1a office floorspace and for no other purpose including any other purpose within the Schedule of the Town and Country Planning (Use Classes) Order 2015 (as amended, or any order revoking and re-enacting that Order).

REASON: To protect the short to long term viability of the commercial area and unjustified loss of business floorspace in a highly accessible CAZ location.

CONDITION: The approved crèche shall not be used independently from the office accommodation at both basement and ground floor levels of 24 Ray Street. There shall be no use of these crèche facilities hereby approved by public/office users unless used by public/office users in conjunction with the approved basement and ground floor office accommodation at 24 Ray Street and shall be used in accordance with the approved plans and approved management plan and maintained as such thereafter.

REASON: To protect the viability of the commercial area.

CONDITION: Notwithstanding the hereby approved plans, the hereby approved development works shall only take place between the following hours:

9:00am to 17:00pm Monday to Fridays.

There shall be no development works on Saturdays, Sundays or Bank/Public Holidays.

REASON: To protect the amenity of neighbouring properties.