Agenda item

Application to modify the Section 106 agreement associated with planning permission ref. 42966AH/96/1862 granted 11-11-1997 relating to the Chimes Shopping Centre, High Street, Uxbridge (for the introduction of Class E Commercial, Business and Service use and associated revocation of Class A1 Retail use).

Recommendations: Approve + Sec 106

RESOLVED: That the application be approved

Application to modify the Section 106 agreement associated with planning permission ref. 42966AH/96/1862 granted 11-11-1997 relating to the Chimes Shopping Centre, High Street, Uxbridge (for the introduction of Class E Commercial, Business and Service use and associated revocation of Class A1 Retail use).

Officers introduced the application. Officers noted that the Section 106 Class A did not allow for negotiation, therefore any changes that Members may make to the details would be subject to challenge. This was not a planning application, but a deed of variation to an existing legal agreement.

The Use Classes Order categorised different types of property and land into use classes. Change between uses within the same class did not constitute development and therefore did not require planning permission. The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) identified some permitted development rights allowing the change of use from one use class to another, subject to conditions.

The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 altered the established use classes. Under the use class order changes, many of the former classes vanished altogether. In their place, a number of different business types – including many of those previously labelled as A1, A2, A3, B1, B2, D1 and D2 – were brought together under the new Use Class E.

Currently, the Section 106 attached to The Chimes stated that not less than 80% of the retail floor space must be Class A1. The change for The Chimes would be not less than 80% must be Class E.

What the applicants were attempting to do was to align the Section 106 with the national position on the new classes. The 80% restriction on Class E would be retained and the 20% restriction on alternative uses would be retained.

In The Chimes, there were now numerous vacant units comprising 32% of the lettable floor space, and the former Debenhams store comprised 18% of this void and had been vacant for over two years.

There were some permitted development rights for Class E uses. Class E could change to Class C3 – residential, without requiring planning permission. There was a restriction on this that the total floor space of the existing building be no greater than 1,500 square metres, which The Chimes was in excess of. Class E could also change to a state-funded school, although there was low risk if this at The Chimes site.

There was one correction, which was that the report stated that the owner will submit to the Council, every two years, information in respect of each unit of occupancy. The Chimes had now confirmed that they did not agree to this requirement. This was something that the Council could choose to monitor. There were two comments in support of the proposal and one objection received. The Planning Policy Manager’s comments were: “There is no, in principle, rationale for restricting the occupiers of the Chimes more than any other former use class A1 units within the Town Centre. Indeed, to argue an alternative position would be contrary to recent National policy”.

The Chairman noted the statistic that one third of the retail space was currently vacant, and it was noted that this item was a deed of variation. Legal officers clarified that this was an application which could be appealed to the Planning Inspectorate.

Members noted that it would have previously been unnecessary to define what was needed in local shopping centres as they were full. However now times were hard, it was important to ensure that shopping centres were occupied and able to thrive as they support the local community. Members further noted that this was about protecting our high streets.

Officers’ recommendations were moved, seconded and, when put to a vote, unanimously agreed.

RESOLVED: That the application be approved.