Agenda item

Change of use from non food retail (use class A1)  to a commercial gym (use class D2) and alterations to existing car park.

[Skelton, Rawcliffe, Clifton Without Ward] [Site Visit]

Members considered a major full application by Mr David Anderson for a change of use from non food retail (use class A1) to a commercial gym (use class D2) and alterations to existing car park.

Representations were received from Mr Neil Stanton, Operations Director for Roko Health clubs, in objection to the application. He raised the following concerns:

·        the proposed levels of vehicle and cycle parking were not sufficient for the projected numbers of customers.

·        The bus service information in the report was misleading. The number 6 service stops too far away from the site and the number 20 service finishes at 6pm and does not operate on Sundays.

·        Trip data had not been considered.

·        There were no parking restrictions on the road itself, so if the car park was full, cars would spill out onto the road causing a potential hazard.

Representations were received from local resident Terry Kettle in objection to the application. He raised concerns regarding traffic volumes in the area and the number of other health clubs in the vicinity and made the following points:

·        Traffic around Clifton Moor was already horrendous at peak times. This use would further exacerbate the problem.

·        There were already three other health clubs in the vicinity – Roko (approx 50 yards away), Fitness First  ( approx 100 yards away) and Atlanta Gym(approx 200-300 yards away) – it was ridiculous that another health club was opening up so close.

Representations were received from Gerard Sweeney, a planning consultant and agent for the application. He advised Members that the gym would operate on a “no contract” basis. Members would pay per month and their membership would be renewable monthly. Therefore if members found problems with the parking they could chose not to renew their membership. With regard to other health clubs in the area, he advised Members that this was purely a gym and studio- with no pool, sauna, steam room facilities or cafe. This therefore provided a different offer to other gyms nearby.

Highways officers confirmed that the applicant had submitted a projected level of membership and their views had been based on these figures which envisaged that there would be approximately 100 members using the venue at any time. The parking provision was considered adequate for the projected level of usage.

Members noted that customer use would be spread throughout the day rather than all being on the premises at once, and that highways had commented and were happy with the proposals based on the projected numbers of customers. They acknowledged that the number of nearby gyms was an issue of commercial competition and not a planning issue which they could consider.

Resolved:  That the application be approved subject to the conditions listed in the report.

Reason:     The building to which the application relates was initially constructed in the late 1990s as a night club. Planning permission had been sought for change of use of the building from its most recent use as a retail unit selling outdoor clothing and camping gear to a gym (Use Class D2). A sequential assessment had been submitted which clearly demonstrated that other more appropriate sites did not exist within or within the environs of the City Centre. At the same time despite concerns in respect of over-concentration of similar uses in the vicinity there was no evidence of a particular issue and it was not the role of the planning system to intervene in issues of commercial competition. Additional car and cycle parking would be provided within the adopted maximum standards and there was no evidence that this would not be sufficient to cater for the needs of the proposed use. A Transport Statement had been submitted which demonstrated that any increase in traffic flows to and from the site would not cause demonstrable harm to other road users in the locality. The proposal was therefore considered to be acceptable in planning terms.