Agenda item

Change of use to B1 (offices) and D1 (therapeutic massage) on upper floors. [Micklegate] [Site Visit]

Members considered a full application by Mr Martin Walker for a change of use to B1 (offices) and D1 (therapeutic massage) on upper floors.

Officers gave Members a brief history of planning matters on the site. It was reported that;

·        A Certificate of Lawful Use application had been withdrawn in February 2013. The applicants provided a sworn statement that the upper floors had been used as offices since 1989.

·        However, there was an objection on the grounds that business rates were not paid on the upper floors until 2005 and that in part the upper floor was only used for storage. The applicants were advised to instead apply for planning permission for the office use.

·        The Council’s Environmental Protection Unit (EPU) did not object to the application but had concerns regarding noise.

·        EPU also requested that the use is restricted to ensure that it is only used for therapeutic massage and not changed to other uses within this use class in the future.

Representations in objection were received from a local resident, Adam Kent. He raised concerns about the application because;

·        If approved a business centre would be created in a residential area.

·        That the location of the building on a blind bend would be dangerous for customers and residents.

·        There would be a loss of privacy due to the extended opening hours of the massage business.

·        Asked that if permission be granted that proposed condition no.4 be amended to refer only to the use of an obscure film to the upper windows.

Officers advised Members that the objector’s suggestion in respect of condition no.4 was reasonable.

Representations were received from Jo Bull, a therapeutist, who would use a floor of the building for her business. She informed the Committee that window screening was particularly important for the running of her business to ensure privacy.

In addition, the nature of the business meant that there would be varied hours of operation. She added that workshops that might take place within the building would emit minimum levels of noise, parking provision was sufficient on site, and other customers could easily access the office due public transport nearby.

Representations in support were received from Martin Walker the application. He informed Members that the upper floors were let out to small businesses and that there were a total of 6 off street parking spaces for customers. He admitted that there would be an element of overlooking from the building on to the street, but told Members that this was common in terraced buildings.

RESOLVED:       That the application be approved subject to the conditions listed in the report and the amendment to condition no.4;

4.                          Details of an internal obscure film to be applied to the bottom half of the upper floor windows on the side elevation shall be submitted to and approved in writing by the Local Planning Authority. The approved film shall be applied prior to the first occupation of the upper floors for the approved uses and shall be thereafter retained.

Reason:              As a means of preventing overlooking from the upper floor windows, in the interests of residential amenity.

REASON:           The proposal, subject to the conditions listed in the Officer’s report, would cause undue harm to interests of acknowledged importance, with particular reference to the principle of the proposed use, residential amenity and highway safety. As such the proposal complies with Policies GP1, H9 and C1 of the City of York Development Control Local Plan.