DONCASTER METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE - 13th December 2011

Application 4

Application Number:

11/03050/COU Application Expiry Date:

27th December 2011

Application Type:

Change of Use

Proposal Description:

Change of use of ground floor from office (Class B1) to pharmacy (Class A1) (being resubmission of application 11/01580/COU refused on 05/09/11)

At: 16 Thorne Road Doncaster DN1 2HS

For: Regent Square Group Practice (Mrs Y Scott)

Third Party Reps: 2 Parish:

Ward: Wheatley

Author of Report Hannah Wilson

MAIN RECOMMENDATION: GRANT

1.0 Reason for Report

1.1 The application is being presented to committee due to the previously refused application being presented to Committee. The application is a resubmission with no changes to the principle of the proposal, however more information has been provided to support the application.

2.0 Proposal and Background

2.1 The proposal is for the change of use of an office (Class B1 use) to pharmacy (Class A1 use) at 16 Thorne Road, Doncaster, being a resubmission of the application 11/01580/COU refused on 05/09/11. The building currently has permission and is occupied as an office.

2.2 No.16 Thorne Road is part of a pair of semi detached buildings, which has a residential appearance, with a gable roof and gable frontage. The property is three storeys tall with a bay window to the front, render to the first floor and a low front boundary wall. There is access to parking at the rear and the property lies within an Office Policy Area and is part of the Christ Church Conservation Area. The property is described as having a positive impact on the conservation area in the conservation area appraisal.

2.3 Historically the area was residential in character, however many of the buildings along Thorne Road have been converted to professional, business, and office use. The adjoining property is an accountants (No.18) and No.22 is a Dental Care Centre. The property to the other side is a residential dwelling (No.7 Regent Square). There are other Class A uses in the close vicinity including an Art Gallery, two sandwich shops and a restaurant/café. The surrounding area is characterised by the historic space around Christ Church and the well detailed historic villas, villa pairs and terraces set back in large grounds along Thorne Road.

3.0 Relevant Planning History

3.1 The history of the property includes several changes of use in the 1980’s from a surgery to residential (83/1652/P) and a change of use to offices (84/0648/P) that was refused. Then in 1990 its current use as offices was granted (90/1617/P).

3.2 A recent application has been granted for non-illuminated hoarding (1.2m x 0.9m) advertisement (11/01701/ADV) to the front of the offices to advertise that the property is owned by the applicant. This was consistent with other signs in the area and was approved.

3.3 The most recent application (11/01580/COU) was for the same proposal as this application. This was presented to committee due to the significant interest shown on the application and refused as the Planning Committee felt that the application would detract from the character and appearance of the area by virtue of its nature. The proposed change of use would also lead to future pressure for extensions and alterations to the external elevations of the building that would harm the appearance of the Conservation Area. The cumulative impact of the use would detract from the residential character of the building and the Conservation Area contrary to policy ENV 25 of the Doncaster Unitary Development Plan 1998. In addition the application would contribute towards a proliferation of chemist uses outside of the town centre in this particular area and would adversely affect the vitality and viability of the town centre contrary to policy TC11 of the Doncaster Unitary Development Plan 1998.

4.0 Representations

4.1 The application was publicised by site notice, neighbour letters and in the Doncaster Star.

4.2 The previous application had 6 objections from local residents, an objection from the Civic Trust and an article in the Free Press was written with regard to the objections to the proposal.

4.3 This re-submission has had two letters of objection from local residents at 9 Christ Church Terrace and 6 Christ Church Terrace. These objections re-iterate some of the objections to the previous application and their concerns are below:

* The car parking is of concern, including blocking of accesses to properties, illegal and dangerous parking due to yellow lines, crossing of land owned by neighbouring property and minimal parking spaces. * The people who would use the pharmacy, including drug users who need methadone and the associated antisocial behaviour and impact upon the character of the area.* Proliferation of pharmacies in the area and need for another one.* The loss of a professional character of the area with the loss of the office use.* Concerns over the possible external changes to the building, including an access ramp, associated handrails, possible shop frontage and other signage on the building. * Detrimental impact upon the character of the conservation area and listed buildings in the area. * Similarities to a pharmacy on Kings Road, which is in a residential area and the impact that the proposal may have on local residents standards of living.

5.0 Relevant Consultations

5.1 The Council’s Conservation and Design Officer has raised similar objections to the proposal again and considers that the proposal would harm the character and appearance of the conservation area by virtue of the retail nature of the change of use. The officer has concerns over the impact upon the residential character of the building and the cumulative impact of the alterations that would be allowed under permitted development.

5.2 The Built Environment Officer has objected to the proposal on the same grounds as the previous application. The officer feels it is contrary to policy TC11 and the new information has failed to overcome these initial concerns. The use is contrary to Shopping Policies that seek to concentrate retail uses within the Shopping Policy Area of the Town Centre, which this site falls outside and there are vacant retail units that could be used. The new information states that a new pharmacy could not be located in the town centre Shopping Policy Area as it would be economically unviable due to too much competition. However, this runs counter to national policy set out in PPS4, which seeks to encourage competition in town centres by directing appropriate retail facilities to be located within them. In any case, there is no evidence presented by the applicant to demonstrate that a pharmacy could not be located in the shopping policy area due to a lack of economic viability. It is also asserted by the applicant that the development would ensure the future survival of the Regent Square Practice, however, no evidence is provided to demonstrate this. Without these pieces of information, the officer feels unable to move from the original position, which was that this development would be better located within the Shopping Policy Area of the town centre, as supported by national and local policy.

6.0 Relevant Policy and Strategic Context

6.1 The site is located within an Office Policy Area and within the Christ Church Conservation Area. The following national and local policies are applicable:

National Planning PolicyPlanning Policy Statement (PPS) 1: Delivering Sustainable DevelopmentPlanning Policy Statement (PPS) 5: Planning for the Historic Environment

Local Planning PolicyTC11 – Office policy areaT5 – Highways and pedestrian safetyENV25 – Development within a conservation area

7.0 Planning Issues and Discussion

7.1 The main issues relating to this application are the impact of the new use upon the character or appearance of the conservation area and the impact on the residential amenity of nearby residents. Also the impact upon the highway and the principle of the use in this location being acceptable.

7.2 The changes from the previous application include:

A new needs assessment. This has similar information to the previous assessment but is laid out clearly and offers justification why the proposal could not be viable in the town centre, compliments existing uses, would create additional employment, and support an existing service (the Regent Square Doctors Practice).

A new Design and Access Statement. This offers an in depth analysis of the proposal. There is an assessment of the site and surroundings, planning history, planning policy, the constraints and opportunities of the site, and the design objectives and approach. The statement continues on to how the conservation area will not be affected and the impact upon residential amenity is assessed. This also justifies the opening hours, impact on the highways, and principle of the use.

Full plans have been provided showing the layout of the property internally, car parking spaces to the rear and that no external changes have been made to the building.

The opening hours are the same, except for Sunday where the occupiers propose to open 1 hr earlier than the previous proposal.

Additional information has also been provided that includes the letter of support from the last application, addressing the opening hours concerns, and addressing the conversion of vacant buildings in the town centre.

Principle of Development

7.3 The property lies within an Office Policy Area and currently has permission to be used as an office. Policy TC11 relates to Office Policy Areas and states that proposals for other uses will be treated on their merits having regard to highway safety and the relationship of the site to the surrounding uses, providing that they are consistent with other policies in the plan, particularly shopping and conservation. In this case, the principle of the use has been objected to by the Built Environment officer and the Conservation officer and representations from neighbours.

7.4 A design and access statement and needs assessment has been produced to further support the application. These state that the use of vacant shops within the Shopping Policy Area of the town centre would not be economically viable as there are large retailers such as Boots and Superdrug that would detrimentally affect the small pharmacy if it was situated in close proximity to these retailers. The Built Environment officer feels that there is no evidence for this and is contrary to TC11 and national policy (PPS4) that seeks to encourage competition in town centres. The applicants own a nearby Practice on Regents Square behind No.16 and feel that there is a significant need to service this practice with 9864 patients using this Practice and would ensure the future survival of the Practice. The Built Environment officer feels there is no evidence to show that this would support the survival of the practice. However, there are many examples throughout the Borough where pharmacies are located in close proximity to Doctor’s Practices as there is a need for such facilities close by. Thus it is felt that the use would not significantly harm the viability of existing businesses in the Town Centre and it is felt that it would not be reasonable to refuse this application because there are vacant shops to be filled in the Town Centre, especially when other Doctors Surgeries in the Borough have had Pharmacies allowed adjacent to them.

7.5 The building is in close proximity to other A1 uses and there is a Dental surgery at No.22. There are other medical uses along Thorne Road and in the vicinity. There are the residential areas of Wheatley, Wheatley Hills and Bennetthorpe nearby and the residents would benefit from a new pharmacy to service them and giving them more choice, especially as Weldricks Pharmacy on Hallgate has closed down. Healthy competition will be created between the nearby businesses and no objections have been received from any pharmacies in the area.

7.6 Further to the previous application the Design and Access Statement offers advice from The British Medical Association, that shows that the location of a pharmacy next to a Practice has multiple benefits for both patients, community relations, the GP and the NHS itself.

7.7 Therefore treated on its own merits it is felt that the proposals need allows for the principle of a change of use to be acceptable in this location in accordance with Policy TC11.

Impact on the Conservation Area

7.8 The Design and Conservation Officer has objected to the proposal because of the detrimental impact upon the conservation area’s appearance. Policy ENV 25 states that development within conservation areas, as defined in the proposals map, new development including alterations and extensions to, and changes of use of, existing buildings will be expected to preserve or enhance the character or appearance of the area. Development will not be permitted if it detracts from the character or appearance of the area by virtue of its nature, height, density, form, scale, materials or design or by the removal of trees or other landscape features. This is in accordance with PPS5, which aims to preserve and enhance conservation areas. The conservation officers concerns are with regard to the possible changes to the residential character of the building and conservation area, including; roller shutters, changes to the door, advertising within the bay window, security shutters and further advertising. These concerns were also raised by the Built Environment Officer and local residents.

7.9 The proposal is for a change of use, with no associated external alterations being applied for. Any external alterations would require a separate planning permission. The client has been made aware of the need for permission to alter the premises. The applicant has also been made aware that external alterations would severely impact on the character of the Conservation Area and are unlikely to be supported. Support for the change of use is solely on the basis that the external appearance of the building would not change. Due to the lack of changes the proposal will not harm the setting of any nearby listed buildings.

7.10 With regard to advertising, a sign has been granted (11/01701/ADV) within the front garden for a hoarding similar in size to the other adverts along the streetscene. This would be used for advertising the pharmacy. The planning department does not have control over adverts on the inside of windows such as posters. These could also be put up by the current office use. Furthermore a small green cross illuminated sign has been mentioned by the conservation officer as being able to be erected by the applicant if the change of use is granted. However as this is a conservation area illuminated signs are not permitted development and a condition has been attached to this application that no permitted signage will be allowed without consent from the Local Planning Authority.

7.11 The shutters mentioned are internal and could be put up by the office use or a residential use as internal works do not require permission. Therefore it is felt that this cannot be deemed as affecting the residential character of the property as they could be put up by a residential property.

7.12 The application is only for a change of use, with no external alterations thus it is felt that the proposal will not detrimentally impact upon the character or appearance of the conservation area and will preserve the current residential appearance of the building in accordance with policies TC11, ENV 25 and PPS5.

Highways and Parking

7.13 Policy T5 states that the borough council will seek to ensure that any proposals for new development are located where the traffic generated can be satisfactorily accommodated by existing highways and will not create or materially add to problems of road safety, environmental quality, congestion, or amenity. The application in 1990 for a change of use to offices (90/1617/P) provided a parking layout for the rear of No.16 and No.18 showing space available for 8 cars. There is parking for 4 cars to the rear of this property. Although the objectors state that the crossing of neighbouring land is disputed, however there is sufficient parking within the doctor’s surgery grounds, accessed via interconnecting steps. In addition to the on site parking, there is parking available opposite, at the other side of Christ Church, East Laith Gate Car Park and public transport is good, with bus stops within walking distance.

7.14 Further to this additional information has been provided to show that 14 parking spaces are allocated to Regent Square Surgery and an additional 18 are leased from Cooplands within the same car park. These are to the rear of this property and can be accessed by a staircase linking the car park and the rear of the properties car park. This is also available 24hrs and thus offers a significant amount of additional overflow parking for the pharmacy.

7.15 Therefore it is felt that the use in this location would be sustainable in accordance with PPS1. There is adequate existing parking both on site and surrounding the property, other forms of transport are available and the application would not require users to park dangerously. The planning department cannot control where people/customers do park, but if they park illegally, then they could be subject to a parking fine.

7.16 As the parking and access to the rear of the property is existing, it is felt that it will not cause any greater impact to highway safety in accordance with policy T5.

Residential Amenity

7.17 Much concern has arisen over the uses impact upon the neighbouring residents. Most of which is the concern that the application will cause anti-social behaviour, harm the character of the area and the standards of living of the residents, because of the potential users of the pharmacy. The local residents are concerned that the pharmacy would be used by people obtaining prescription methadone. The pharmacy on Kings Road is within a densely residential area and has been mentioned by objectors as an example of what can happen if a pharmacy is granted. It is felt, by residents, that this pharmacy due to its ability to offer methadone attracts anti-social behaviour and affects the character of the area. However, the users of such a service cannot be restricted by the planning department and it is felt that no evidence has been provided that anti-social behaviour would be created by such a use. The adjoining property is not residential, opposite is Christ Church, behind is the Regents Square Group Practice and the adjacent property of No.7 is a distance away, the occupants of which provided a letter of support for the previous application. The property is not surrounded by a heavily populated residential area. Therefore it is felt that it will not cause significant harm to residential amenity of neighbouring properties. Most of the neighbour objections have been received from Christ Church Terrace, with the nearest objector being approximately 90 metres away.

7.18 The use changing to a pharmacy will inevitably create more comings and goings than the previous office use. However it is felt that it will not be to an extent to cause significant harm to the neighbouring properties and you often find office uses adjacent to A1 uses, causing no harm to their working amenity. Additionally the Design and Access statement shows that they feel that a lot of the comings and goings will be from the Regents Square Group Practice patients. Concerns arose previously from the adjacent office over the safety of staff working next door to the pharmacy with strangers passing through or congregating around the building. The situation would not be dissimilar to the dentist that is located two properties away with ‘strangers’ using the business, and no resident concerns have been raised regarding this current situation. These objections from the adjacent business are noted, however the level of concern is not considered sufficient enough to refuse the application.

7.19 The opening hours of the pharmacy are long, with late night opening (11pm) Monday – Saturday, but it is felt that as the property is adjacent to an office, the late night opening will not cause a significant degree of harm as the office workers will have left earlier. Furthermore No.7 is over 14 metres away at it’s nearest point and it is felt that this separation distance will mean that they are not significantly affected by the comings and goings of the use. This residential property is the nearest residential property and also supported the last application. To the rear is the Doctors Practice.

7.20 The opening hours have been changed to open an additional hour earlier on a Sunday. It is felt that this will not cause any significant harm and the applicant states that these hours are required for the NHS license and the demand of the almost 10,000 patients of the surgery.

8.0 Summary and Conclusion

8.1 On balance the proposed change of use from office to pharmacy is acceptable. The use will not cause significant harm to the character or appearance of the conservation area, nor cause harm to the viability of the Town Centre. The proposal will not significantly harm the amenities of nearby residents nor cause a concern to highway safety. It is on this basis that the previous recommendation to grant is again supported.

9.0 RECOMMENDATION

Planning Permission GRANTED subject to the following conditions.

01. STAT1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. REASONCondition required to be imposed by Section 91(as amended) of the Town and Country Planning Act 1990.

02. U29090 The hours of opening shall be limited to:Monday to Saturday 9:00 - 23:00pmSunday and Bank Holidays 09:00 - 16:00REASONTo ensure that the development does not prejudice the local amenity.

03. U29091 The use hereby granted approval shall be for a Pharmacy only.REASONTo restrict changes within the A1 use class to protect the character of the area.

04. U29092 Notwithstanding the permitted advertisement regulations stated in The Town and Country Planning (Control of Advertisements) (England) Regulations (2007) no exterior signage shall be placed on the building without prior consent of the Local Planning Authority. This shall be in the form of a full advertisement consent application. REASONIn order that the Local Planning Authority control the amount of signage given the sensitivity of the area being within the Conservation Area and opposite a Listed Building.

01. IQ171 INFORMATIVE The developer shall consider incorporating all possible sustainability features into the design of the proposed development.

02. U05077 INFORMATIVEIt is wished to advise the applicant that the application does not grant any external changes to the building, including disabled access ramps, and as such these would need to be applied for.

Reasons(s) for Granting Planning Permission:

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

The Local Planning Authority has decided to grant planning permission:-

1. Having regard to the policies and proposals in the adopted Doncaster Unitary Development Plan set out below, and all relevant material planning considerations:

PPS 1: Delivering Sustainable DevelopmentPPS 5: Planning for the Historic EnvironmentTC11: Office policy areaT5: Highways and pedestrian safetyENV25: Development within a conservation area

2. For the following reasons:

Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed change of use from Office to Pharmacy is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the Doncaster Unitary Development Plan, taken together with advice in the relevant national planning policy guidance, justifies the change of use given that the use will not cause significant harm to the character or appearance of the conservation area, cause harm to the viability of the Town Centre, significantly harm the amenities of nearby residents nor cause a concern to highway safety.

N.B. The foregoing Statement is a summary of the main considerations leading to the decision to grant permission. More detailed information may be obtained from the Planning Officer's Report and the application case file and associated documents, which may be inspected, by appointment, at the offices of the Development and Planning Service (for address see Decision Notice).

The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.

Appendix 1: Aerial Photograph of the site (Google Earth)

No. 16

Rear Parking

Doctors Surgery

Appendix 2: Exterior Plans show no changes to the building

Existing:

Proposed:

Appendix 3: Floor Plans

Parking to the rear with staircase to the Practice

Proposed Ground Floor

Proposed Basement Proposed First Floor

Proposed Second Floor

Appendix 4: Front Elevation:

Appendix 5: Rear Elevation and Ramp

Appendix 6: Staircase linking Practice and Proposed Pharmacy