Agenda item

Change of use from A1 (shops) to flexible use permitting A1 (Shops), A2 (Financial and professional services), D1 (non-residential institutions) and D2 (assembly and leisure).

Recommendation: Approval

Change of use from A1 (shops) to flexible use permitting A1 (Shops), A2 (Financial and professional services), D1 (non-residential institutions) and D2 (assembly and leisure).

In accordance with the Council’s constitution, a representative of the petitioners was invited to address the meeting and as they were unable to attend the meeting, had asked for their submission to be read out. In their submission, the petitioners objecting to the proposed development raised the following points:

• Concerned about contradiction in the operating hours set out in the officer’s report, which in part indicated very late opening times.
• Concerned that any extreme late opening hours would have a significant detrimental impact on residents living above the premises.
• Requested the Committee to restrict use as a gymnasium, health centre and dental surgery only and consider the impact late opening hours would have on residents living directly above the premises
• Urged the Committee to consider earlier closing hours to alley concerns about the potential increase in anti-social behaviour.
• Feared that the proposed development would result in additional traffic as well as increased noise, due to users congregating around the vicinity of the building.
• Stated that the flats above the premises were purchased on the basis that the premises would be A1 use only.
• Concerned that a gym in the local area was currently advertising a 24 hour opening times on their website and urged that it was imperative to stop any potential application to extend late opening hours further on this premises. 

The agent who was present at the meeting did not wish to address the meeting.

Members discussed the application and expressed concerns about the discrepancies in the opening hours in the officer’s report.

The Head of Planning, Green Spaces and Culture advised that the discrepancy in the hours set out in the officer’s report would be amended to reflect the hours in Condition 3 (COM 22 – Operating Hours).

The Legal Advisor advised the Committee to amend condition 5 by adding at the end “…and shall thereafter be implemented and maintained after the development.”

Members attached an additional condition to safeguard residents’ amenity from delivery vehicles loading and unloading.

The recommendation for approval, additional condition and amendment to Condition 5 was moved, seconded and on being put to the vote was agreed.

Resolved – That the application be approved subject to the conditions and informatives set out in the officer’s report and additional condition and amended Condition 5 as set out below.

Additional condition 

‘There shall be no loading or unloading of vehicles, outside the hours of 08.00 hrs and 18.00 hrs Monday to Friday, and between the hours of 08.00 and 13.00 on Saturdays. No loading shall be undertaken on Sundays, Public or Bank Holidays.  

REASON

To safeguard the residential amenity of the occupiers of adjoining and nearby properties in accordance with Policy OE3 Hillingdon Local Plan: Part Two Saved UDP Policies (November 2012). ‘

Condition 5 amended as follows: 

‘Notwithstanding the details of noise mitigation contained in the acoustic report, reference 4859/AAR submitted with the planning application, details of noise mitigation measures including the LnTw measurements shall be submitted to and approved in writing by the Local Planning Authority prior to the approved use commencing. 

There after the development shall be carried out in accordance with the approved details and measures.’