Agenda item

Part change of use of B8 Strukta Trade Store to incorporate Sui Generis members only retail club Campus & Co.

Public Participation

Mr Dan Roycroft (Agent) spoke in support of the application

Mr Ben Diffey (on behalf of Applicant) spoke in support of the application

The Planning Team Leader, Richard Hughes noted some adjustments to the report due to recent change to the NPPF, these related to paragraph numbers.

The Officer then went on to introduce a report which recommended that the application for Part change of use of B8 Strukta Trade Store to incorporate Sui Generis members only retail club Campus & Co, be refused.

Key details stated in the report included the principle of development and appropriateness of such a use in the location and retail impact on the city centre. Impact on the character and appearance of the area, impact on neighbour amenity/uses, Highway matters and flood risk.

The Officer set out the site layout and noted the Salisbury Central Area Framework (CAF) document (2020) which set out areas on a map for different types of use for the city.

If approved the applicant had suggested a condition relating to the class of use being designated as Retail Warehouse Club, however the Officer noted concerns raised by the Enforcement Officer in applying such a condition.

Members of the committee then had the opportunity to ask technical questions of the officer. Details were sought on the mix of other units on the Churchfield site as a whole, with an explanation that the history of Churchfields was that it had a non-enforcement background, in that business premises there had evolved over time without any enforcement, prior to the implementation of the CAF in 2020. The existing use for the application unit was noted as B8 use. 

Members of the public then had the opportunity to present their views to the committee as detailed above.

The unitary division member, councillor Sam Charleston  then spoke in support of the application, noting that he had brought it to Committee for consideration, as he felt that the main objection was that the proposal was incompatible with the upcoming Local Plan, however, he noted that this was not yet in effect. In addition, the refusal made reference to the CAF, which he believed did not explicitly rule it out.

Cllr Charleston also noted that if the application had been submitted prior to the Local Plan’s adoption, it would have been accepted. On the issue of enforcement, he noted that other councils across the country had been able to enforce similar class buildings, so he did not see why this was an issue for Wiltshire and therefore, did not see in planning terms why the application could not be approved.

Councillor Charleston moved the motion of approval, against Officer recommendation based on the change of character of the site with a varied mix of uses and no real reason to refuse.

This was seconded by Councillor Richard Budden.

A debate followed where the Committee discussed the variety of quasi retail warehouse type uses plus other unauthorised uses other than industrial uses which were currently in operation across the Churchfield’s site.

It was noted that to refuse the application due to its class of use would be inconsistent when there was so much similar activity on Churchfields already and that there were no good grounds to refuse just because the applicants suggested condition was considered not enforceable.

The Committee considered the opening hours as applied for and discussed whether a restriction should be applied.

The Committee discussed possible conditions with the Officer advising on standard conditions and other possible inclusions.

The Committee agreed to delegate Approval to the relevant Officer, subject to the receipt of a suitably amended site layout drawing which clearly showed the areas to be used for B8 and retail, and also the parking areas clearly delineated to show those for the retail and the B8. A condition was also imposed restricting the use.

At the close of debate, the Committee voted on the motion of Approval with conditions, against Officer recommendation.

It was;

Resolved

That Approval of planning permission for PL/2024/05013 be delegated to the Corporate Director Place following receipt of a suitably amended site layout drawing setting out the areas to be used for B8 and retail, and also the parking areas clearly delineated to show those for the retail and the B8, and subject to the following conditions:

Conditions: (3)

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2 The development hereby permitted shall be carried out in accordance with the following approved plans and documents:

Topographic Survey LDS/6247.1 TP1 dated 01/05/2024 Location Plan dated 03/06/2024

1530/01 (Proposed Ground Floor and Site Plan (With Uses Colour Coded)) received 20/12/2024

Planning Statement received 03/06/2024

Retail Sequential Test and Impact Assessment received 30/08/2024

Information Contained in E-mail From Agent dated 01/10/2024

REASON: For the avoidance of doubt and in the interests of proper planning.

3 The use hereby approved shall be restricted to a retail warehouse club (sui generis) use only in accordance with the Town and Country Planning Use Classes Order 2020 and shall be limited to the area and extent shown on the approved layout plan 1530/01 received 20/12/2024. The remainder of the premises within the red line of the application site shall remain in the current industrial usage.

REASON: For the avoidance of doubt and to clearly define the approved uses on the site.

Informatives: (1)

1 Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.