REPORT TO WESTERN AREA PLANNING SUB-COMMITTEE COMMITTEE DATE: 03 June 2014
PARISH: Market Weighton Town Council
WARD: Wolds Weighton APPLICATION NUMBER: 14/00670/PLF
APPLICATION TYPE: Full Planning Permission
DESCRIPTION: Change of use of ground floor rooms at front from
C3 to At at 77 Market Place Market Weighton East Riding OfYorkshire Y043 3AN
APPLICANT: Mr Darren Patel
DATE RECEIVED: 18 March 2014 RECOMMENDATION: Approve
INTRODUCTION
A request has been received from Councillor Rudd for this application to be reported to the
Sub-Committee for a full discussion as to the merits of the proposal in respect of the availability
of parking for customers and delive.ry vehicles and the impact of increased traffic movements being
a potential traffic hazard to an already congested area of town.
The property is a detached dwelling located on :Market Place and is within the :Market Weighton
Consetvation Area. The property is currently used as a dwelling and has a large extension to the
rear that provides additional living accommodation. It is proposed to change the use of the front
ground floor rooms from residential to retail. This will involve alterations to the front elevation
to provide a shop front including 2 display windows.
To the east of the site is a Public House with a side access to the rear of this property and to
the west are dwellings which are separated from the site by a shared driveway providing access to
the rear of these properties. The applicant has a right of way over this access; however it is
within the ownership of No.3 Holme Road.
The application has been subject to amended plans relating to alterations to application site
bounda.ry and amendments to the front elevation of the property following discussions with the
applicant and agent.
PLANS AND ILLUSTRATIONS
Appendix 1- Location Plan Appendix 2 - Proposed elevations
Appendix 3 - Proposed floor plans
KEY PLANNING POLIOES AND GUIDANCE
The Development Plan for the area comprises the Joint Structure Plan, and the East Yorkshire
Borough Wide Local Plan.
Joint Structure Plan 2005
ENV6 The setting, character or appearance of strategically important buildings, features and
historic/ architectural areas should be protected and where possible enhanced.
East Yorkshire Borough Wide Local Plan 199
EN1 EN19 MARK2 S1
Development Limits ConseiVation Areas
ConseiVation in Market Weighton Town Centre Defined Shopping Area
Proposed Submission Strategy Document draft East Riding Local Plan 2014
ENV1 ENV3 S7
Integrating high quality design Valuing our heritage
Delivering Retail Development
Section 72 of Planning (Listed Building and ConseiVation Areas) Act 1990-
Special regard to the desirability of preseiVing or enhancing the ConseiVation Area National
Planning Policy Framework
RELEVANT PLANNING HISTORY
04/08191/PLF
87I40287/PLF
Erection of two storey extension and detached garage to rear of dwelling following demolition of
existing outbuildings (Amended plans- garage) (Approved)
Change of use of part of dwelling to shop and for the use of a workshop in connection with the shop
(Approved).
CONSULTATION REPLIES
Parish Council Strongly object (based on original plans).
169
orkshire Council
Delivery vehicles parking and!or coming out onto the main road on a bend could cause obstruction.
Alterations to the front would change the character of the building in a conservation
area.
Believe the proposal would have a detrimental effect on the residential amenities for all
residents.
The side area is for access only.
CDmments awaited in respect of amended plans
Highway CDntrol No objection to either original proposal or amended plans.
CDmments in respect of original plans - The Design and Access Statement indicate that the access
will be used for deliveries by the owner's small van or a light goods vehicles. Members of the
public using the shop will use the public parking spaces outside (opposite the site) or the public
car park to the north.
CDmments in respect of amended plans - Whilst the vehicular access is not in the ownership of the
applicant he has a right to use it.
The town centre location would make it difficult to substantiate a
highway objection and on this basis the proposal is considered to be acceptable from a highway
aspect.
CDnservation Officer Amended scheme presents a shop front which could preserve the
character and appearance of this part of the Omservation Area.
PUBLI01Y
Neighbours/ Publicity
A letter has been received from the following address: 3 Holme Road
With the following comments:
The (origina location plan that has been submitted is incorrect. The land to the side is for access
only and the applicant does not have a right to park except momentarily.
The applicant has submitted a petition signed by 59 residents supporting the application
CASE ON BEHALF OF THE APPLICANT
The proposal is for the change of use of part of the existing ground floor habitable area of the
building to a retail shop selling wedding gifts and accessories with the external alterations being
the front door to be replaced with a wider door to facilitate access for the public and two ground
floor front windows to be altered to provide a display area for the products to be sold. There are
minor internal alterations proposed, these being the installation of a counter and shelving.
Deliveries will be accommodated down the side drive with vehicles either being the owners own small
van or small light goods vehicles.
There are public parking bays on the highway and a large public car park further north of Market
Place.
KEY ISSUES
• The Proposal
• Impact upon Character and Appearance of the Conservation Area Impact upon surrounding
properties
OFFICER COMMENTS
Applications are to be determined in accordance with the Development Plan unless material
considerations indicate otherwise.
The National Planning Policy Framework (NPPF) is a material consideration which must be taken into
account in planning decisions. If the NPPF contains policy guidance that is relevant to this
application, the report below will explain this, and consider the extent to which development plan
policy is consistent with the NPPF and the weight to be given to that policy.
Saved policies in the JSP and the Local Plan can be given due weight according to their degree of
consistencywith the NPPF.
The emerging East Riding Local Plan (ERLP) is a material consideration in decision making, with
weight given in accordance with the guidance in paragraph 216 of the NPPF. The submission version
of the ERLP has now been submitted to the Secretary of State for Examination.
The relevant Development Plan policies against this application should be judged are Policy EN1,
EN19, MARK2 and S1 of the East Yorkshire Borough Wide Local Plan (EYBWLP) andd ENV6 of The Joint
Structure Plan QSP).
Policy ENl requires proposals to be permitted where they are within defined development limits
unless they would result in harm to, or loss of, sites considered important to the character and
amenity of the surrounding area. Development within these limits shall be sited, designed and
landscaped so as to not harm the appearance of the area. MARK2 requires proposals to be of a high
standard of design that would respect the scale, form, layout and setting of adjacent buildings
which form the character of the conservation area. S1 requires new retail units within the defined
shopping area to be of a scale and nature appropriate to the character and role of the centre and
where satisfactory access and servicing arrangements can be achieved.
ENVl of the ERLP states that proposals will be supported where it achieves a high quality of
design that optimises the potential of the site and contributes to its sense of place, while ENV3
seeks to conserve the significance, setting and character of heritage assets such as conservation
areas S7 recognises that vibrant town centres provide significant economic benefits in terms of
employment and visitor spend and play a crucial role in the success of a place as a whole.
Policies EN19, ENV3, ENV6 reflect the duty imposed on Local Planning Authorities by Section 72 of
Planning (Listed Building and Conservation Areas) Act 1990 to have regard
f
that all proposals should enhance and preserve the character and appearance of the conservation
area through sympathetic design and the use of appropriate materials.
The policies follow the general thrust of advice contained in the NPPF -Requiring Good Design where
it refers to matters of design. The NPPF recognises that good design ensures attractive usable,
durable and adaptable places and is a key element in achieving sustainable development. It states
that good design is "indivisible from good planning" . The NPPF advises high quality and inclusive
design for all development, including individual buildings, public and private spaces and wider
area development schemes should be achieved. The NPPF also recognises that town centres are the
heart of the community and support should be given for their viability and vitality.
The Proposal
The propeny is located within the Market Weighton Conservation Area and is a detached dwelling that
has been extended to the rear by the way of a 2 storey extension. This extension forms the main
living accommodation whilst the original dwelling at ground floor level is currently used as
storage. The application is for the change of use of the rooms at the front of the dwelling at
ground floor only with the remaining dwelling remaining unchanged.
It is proposed to change the use of these rooms from residential to retail to allow the sale of
wedding gifts and accessories. As pan of this change of use it is also proposed to alter the
exterior of the propeny by replacing the existing ground floor windows and door on the front
elevation and replace them with a wider door and 2 display windows. The original application showed
a combined door with large display window with a second display window on the other side of the
door. Both windows were shown to be 1.56m in height with a width of 1.9m and 1.7m respectively and
the door was to be a plain glazed shop door.
This arrangement was considered to be unsympathetic to the appearance of the propeny and to be
harmful to the character and appearance of the conservation area due to the size of the windows and
lack of detailing around them. Discussions have taken place between officers and the applicant and
an amended scheme has been submitted. The amended plans show smaller windows measuring
approximately 1.16m in height and 1.6m in width with a separate panelled door. In order to give a
traditional appearance to the frontage, fascia boarding is to be installed above the windows and
door with pilasters surrounding the door.
This amended scheme is considered to be more appropriate in this location, as the property is
within the defined shopping area and within the conservation area where care should be given to the
design of any new shop frontages to ensure that they do not harm the character and appearance of
the area. Market Weighton town centre is characterised by traditional shop frontages using timber
fascia boarding, surrounds and hand painted signs and the amended scheme now reflects these
characteristics.
Customer parking is available within the vicinity of the site in the form of public parking spaces
opposite the site and various car parks within the town and therefore it is not foreseen that
customers would need to park within the site when visiting the premises.
The location plan that was originally submitted has been amended as it showed that the
shared driveway to the side of the property was to be included within the application site. However
this land is not within the ownership of the applicant, rather the applicant has advised that he
has a private right of access over it, and on this basis the site area has been redefined Any
ownership issues regarding the future use of the driveway would be a civil matter and cannot be
considered as part of the planning process.
Impact upon Conservation Area
This part of the :Market Weighton town centre is within the conservation area and is characterised
by traditional shop frontages which use traditional materials and designs which results in an
attractive shopping environment. Consideration should be given when designing any new shop
frontage within this area to ensure that it replicates and continues this traditional style to be
in keeping with the surrounding area if development is to preserve and enhance the character and
appearance of the area as development plan policies and Section 72 require ..
The original plans were considered inappropriate for this area due to the size of the windows and
the lack of detailing around them, attracting objections from both the Conservation officer and
the Town Council; however amended plans have been submitted which show a more traditional style
shop frontage with smaller windows, a panel door, timber fascia boarding and pilasters.
The amended scheme is more in keeping with the conservation area and the surrounding properties and
is not considered to harm the character and appearance of the area and therefore is considered to
comply with policies EN19, MARK2, ENV6, ENV3 and section 72 which all require proposals to be in
keeping with conservation area and require proposals to enhance and preserve the character and
appearance of the conservation area through sympathetic design and the use of appropriate
materials.
The change of use of the property from a dwelling to a retail shop is not considered to harm the
conservation area, the property is located within the defined shopping area and as such is
surrounded by other commercial properties as well as dwellings and therefore the use is not
considered to conflict the surrounding area.
Impact upon Surrounding Properties
The proposed use as a retail unit in this location reflects the general mix of residential and
commercial properties and in this respect, the form of use proposed is not considered to harm the
surrounding properties. Whilst the use as a retail unit could potentially generate more visitors to
the property, this would not be unusual in this town centre location where it is expected that
customers would use the public parking bays or car parks within the town centre and walk to the
property. The Highways Officer does not have any objections to the proposal from a highway safety
aspect providing the land to the rear of the dwelling is not used as additional parking. The
property is within the defined shopping area and as such a retail use would not conflict with the
planning policies for this area.
The applicant has a private right of access over the driveway to allow access to the rear of the
property and ownership issues regarding this piece of land have been highlighted during the
application process. The applicant expects deliveries to the property to be by their own small van
or other small delivery vehicles which will park down the side of the
property to unload, this will ensure vehicles are not parked within the highway and will not cause
a highway obstruction. The property to the east is a Public House which will receive deliveries in
large vehicles, the impact of delivery vehicles to the application site on the surrounding
properties is not considered to be any worse than those delivering to the Public House or to other
commercial properties in the immediate vicinity.
Concerns have been raised by the Town Council regarding delivery vehicles causing obstruction and
the implications that this form of use could have a detrimental impact on the residential amenities
for local residents.
The site is located within the heart of the town centre where many commercial premises do not have
the benefit of off street parking facilities, where staff, customers and deliveries rely on the use
of local parking provision within the town centre. This site is no different in this respect. The
juxtaposition of residential properties and commercial premises is a characteristic of the town
centre and is an aspect promoted at both national and local level. In fact, Policy 57 of the ERLP
promotes retail development where this will enhance the vitality and viability of town centres,
creating economic benefits in terms of employment and visitor spending. For the reasons stated
within this report, it is considered that the principle of partially converting the dwelling to
retail use would not harm the amenities of the neighbouring properties, its location within the
defined shopping area of the town is not inappropriate in terms of expected vehicle movements and
in this respect would not cause demonstrable harm to the amenities of the area.
CONQUSION
The element of retail use that is proposed is of a small scale, utilising the two front rooms of
the existing dwelling, allowing the majority of the existing residential use to continue. It is
considered that the proposed use within this town centre location is acceptable insofar as its
impact on the amenities of the area and the alterations to the external elevation of the property
will have no detrimental impact on the Conservation Area or adjacent uses. The proposal therefore
complies with Polices ENV6 of the Joint Structure Plan, EN1, EN19, MARK2 and 51 of the East
Yorkshire Borough Wide Local Plan, ENV1, ENV3 and S7 of the draft East Riding Local Plan, Section
72 of the Planning (Listed Building and Conservation Areas) Act 1990 and advice contained within
the National Planning Policy Framework
HUMAN RIGHTS ACT 1998
It is considered that a decision made in accordance with this recommendation would not result in
any breach of Convention rights.
RECO:MN.ffiNDATION
That the application be APPROVED subject to the following condition(s):
1. The development hereby permitted shall be begun before the expiration of three years from
the date of this permission.
This condition is imposed in order to comply with the provisions of Section 91 of the Town and
Country Planning Act 1990.
1 4
v East Ridina of
2. The materials to be used in the construction of the external surlaces of the proposal
hereby pennitted shall be those stated within the submitted application and approved plans.
This condition is imposed because these materials are considered acceptable and if alternative
materials were to be used the development could detract from the appearance of the C.Onservation
Area.
3. The development hereby pennitted shall be carried out in accordance with the following approved
plans:
Drawing Numbers:
Location Plan
Site Plan- DNW01
Proposed ground floor plans- DMW/03
Proposed front elevation & joinery details- DMW/10/ A Proposed elevations- DMW/04/B
23 April20 14
25 February2014
25 February2014
6 May2014
6 May2014
This condition is imposed for the avoidance of doubt and to ensure that the development hereby
pennitted is carried out in accordance with the approved details in the interests of the character
and amenity of the area and the provisions of the development plan.
Relevant Planning Policies
Joint Structure Plan 2005
ENV6 The setting, character or appearance of strategically important buildings, features and
historic/ architectural areas should be protected and where possible enhanced.
East Yorkshire Borough Wide Local Plan 1997 EN1 Development Limits
EN19 Conservation Areas
MARK 2 Conservation in Market Weighton Town Centre
S1 Defined Shopping Area
Proposed Submission Strategy Document draft East Riding Local Plan 2014 ENV1
Integrating high quality design
ENV3 Valuing our heritage
S7 Delivering Retail Development
National Planning Policy Framework
Reason for Decision
The element of retail use that is proposed is of a small scale, utilising the two front rooms of
the existing dwelling, allowing the majority of the existing residential use to continue. It is
considered that the proposed use within this town centre location is acceptable insofar as its
impact on the amenities of the area and the alterations to the
external elevation of the property will have no detrimental impact on the Conservation Area or
adjacent uses. The proposal therefore complies with Polices ENV6 of the Joint Structure Plan, EN1,
EN19, MARK2 and S1 of the East Yorkshire Borough Wide Local Plan, ENV1, ENV3 and S7 of the draft
East Riding Local Plan, Section 72 of the Planning (Listed Building and Conservation Areas) Act
1990 and advice contained within the National Planning Policy Framework
In making this decision the Council has followed the requirements in paragraphs 186 and 187 of the
National Planning Policy Framework
