Agenda item

Change of use of the Gallery suite from Class B1 (offices) to Class D2 (Gymnasium) with minor external alterations including replacement of existing entrance doors.

(Planning application number: P2019/2821/FUL)

In the discussion the following points were made:

·       The Planning Officer informed the meeting of a number of updates since the agenda was published. Members were advised that although the report indicated 4 objectors, officers have been informed that one of the objectors represents a number of people in an household, so the total is now 20 objectors. In addition complaint received from a resident about a generator left outside the Business Design Centre (BDC), although not relevant to the application, has now been addressed by BDC.

·       Meeting was informed that the site lies outside identified primary frontage but within the Angel Town Centre  and that the proposed D2 use is a use which is identified as being generally appropriate to the Town Centre and complementary to the function of the Town Centre as a primary focus for retail.

·       The Planning Officer informed the meeting that the application site is predominately located on the first floor level and the building itself is of limited architectural merit, but is located within The Angel Conservation Area and adjacent to the Barnsbury Conservation Area.

·       Members were informed that the building itself covers the majority of the 1,116m² site with little external space and to the east of the site there is a four storey building currently occupied by the Hilton Hotel with the Upper Street car park directly underneath. To the south of the site, is the former Royal Agricultural Hall building, now operating as the Business Design Centre (BDC) which is Grade II Listed. The application site contains linking bridges to the main BDC buildings, as well as the Hilton hotel building to the east of the site on levels 2 and 3 respectively.

·       Members were advised that the application site is limited to the first floor area (level 2) and a small section of the ground floor area (level 1) as entrance and that the  floorspace involved in this change of use proposal is 1,116m². The Planning Officer reiterated that the proposal only seeks permission for change of use of the existing building and no new floorspace would be created, that  access to the site will be via Berners Road, noting that there will be will be no access from Barford Street and that servicing and delivery will remain on Liverpool Road.

·       Meeting was informed that the proposal also includes minor external works comprising of a replacement door at the ground floor level.

·       With regards to the loss of office accommodation and the request to change its use, members were advised that the site has remained vacant since June 2016 and is considered acceptable following the assessment of the submitted marketing information. Meeting was advised that the report states that there is no realistic prospect of bringing the site back into office use due to the lack of demand for the space shown and that council’s policies allow consideration of alternative uses which are suitable for the site and the wider Town Centre.

·       On the impact of the proposal on the amenity of neighbouring residents, meeting was informed that the proposed gym would have an acceptable impact towards neighbouring amenity, subject to its operation and management being controlled by appropriate conditions, particularly towards the residential properties on Barford Street, as well as the neighbours nearby on Liverpool Road.

·       In addition to a change of use, Members were advised that the proposal would also provide an opportunity for improvement of the energy efficiency of the building.

·       Members were advised that the applicant had originally proposed to operate the gym from 0530 (5:30am) to 2300 (11:00pm), seven days a week, however considering its close proximity to neighbouring residential properties located on the opposite side of Barford Street, officers have recommended condition 10 to protect the neighbouring amenity by recommending opening hours of 0630 – 2200 (6:30am – 10pm).

·       Neighbouring residents had concerns, that the area has sufficient provision of gyms, the noise levels from the users of the gym and impact of parking as a result of the additional users of BDC. It was suggested that if members are minded to grant planning permission, opening hours on Saturday and Sunday should revert to shorter hours and restrictions should be placed on the music levels

·       On the neighbours request to have a responsible officer in place to report noise levels, meeting was advised that the contact details will be available on  Pure Gym’s website.

·       The applicant in response reminded members that the site was originally developed as a health club back in the 1990s, before its conversion into office and has remained  vacant since June 2016, that it will complement the services available for users of the nearby Hilton hotel, provide employment opportunities, appeal to young people and help improve both the physical and mental well being of gym users.

·       Members were advised that the proposal would not increase the level of overlooking as the Barford Street elevation (north) would remain unchanged, including the retention of the obscure glazing on the first floor level. In addition, the meeting was informed that given that the windows already exist and the fact that the application site and the neighbouring properties on Barford Street are separated by the public highway, the proposed change of use of the building would not result in any additional level of overlooking compared to the existing lawful use as office. The Planning Officer stated that the applicant has agreed to keep the windows fixed shut and obscurely glazed, which will be secured by condition (Condition 4).

·       The proposed development would not extend the host building and therefore, it is considered that the proposal would not cause harm to the outlook of the neighbours who front onto the site, and the proposal would also not result in any increase in sense of enclosure.

·       With regards to noise concerns raised by neighbours, the meeting was informed that the Acoustic Officer has raised no objection to the proposal and has recommended that a sound limiter be set up to control sound levels which will restrict  the noise level of the unit and within three months of installation a certificate of the completion and verification of the calibration and set up, including details of the sound system, shall be submitted and approved by the Council. (Condition 5).

·       In response to a question, the Council’s Acoustic Officer informed the meeting that although it cannot be assumed that the proposed gym would cause the same level of noise and disturbance to the neighbours as the previous health club, the measures proposed by the applicant, the closing of the windows during hours of operation, the obscuringand boarding over of windows and the noise limit is sufficient to address those concerns.

·       Councillor Klute proposed a motion to grant planning permission. This was seconded by Councillor Poyser and carried

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations and objections provided verbally at this meeting, planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report.