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P/2018/0862/FUL

APPLICATION NUMBER: P/2018/0862/FULPROPOSAL: Change of use of former bank (A2)

into tanning salon (sui generis).LOCATION: 92 Higher Parr Street, St Helens

MerseysideWARD: Town Centre WardAPPLICANT: C/o Sunseekers Sunbeds LtdCASE OFFICER: Mr Tony JacksonRECOMMENDATION: Grant Planning Permission Subject to

Conditions

1. APPLICATION SITE 1.1 The site is a vacant commercial unit located in a parade of shops in the heart of

Fingerpost. The site is identified in the UDP as being within a small local shopping centre. The site is approximately 800m to the east of the Town Centre. The unit was last used by Barclay’s Bank, but has now stood vacant for over 4 years. There is a good mix of uses within the local centre ranging from a small supermarket to a healthy take-away. The centre is bustling, and proves very popular with local residents.

2. PROPOSAL

2.1 The proposal seeks to change the vacant unit, A2 use class, to a tanning salon, Sui Generis use class. The salon would provide 8no lie down sunbeds, 2no stand up sunbeds, and a spray tan room. There would be no external alterations to the unit. The unit would be open from 09:00 am to 21:00 pm Monday to Saturday, and 11:00 am to 18:00 pm Sunday’s and Bank Holiday’s.

3. CONSULTATIONS 3.1 The Highway’s Officer was consulted who had no objection to the proposal.

4. REPRESENTATIONS 4.1 The application was publicised by way of a site notice expiring on the 05/01/2019.

Thirty letters of objection have been received. The following concerns have been highlighted:-

Too many similar businesses already within the area

Site should be used as a community resource

Site should be used be used for alternative retail uses

Would put similar premises out of business

Impact on health

5. SITE HISTORY

5.1 H102062 – Fitting out of unit for banking purposes – Granted 19/01/75

0394/106 – Alterations to shop front – Granted 04/05/94

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P/2001/0030 – Replacement facia internally illuminated panel and new internally illuminated projection sign – Granted 20/12/01

P/2001/1185 – Installation of shop fronts – Granted 21/12/01

6. POLICY

National Planning Policy Framework6.1 Paragraph 9 of the National Planning Policy Framework (NPPF) states that planning

decisions should play an active role in guiding development towards sustainable development, but in doing so should take local circumstances into account to reflect the character, needs and opportunities of each area. Paragraph 11 states that planning decisions should apply a presumption in favour of sustainable development. This means approving development proposals that accord with an up-to-date development plan without delay; or where the development plan is absent, silent or out of date planning permission should be granted unless the application of policies in the NPPF that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole.

6.2 Paragraph 12 of the NPPF clarifies that the presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where a planning application conflicts with an up-to-date development plan, permission should not normally be granted. Local planning authorities may take decisions that depart from an up-to-date development plan, but only if material considerations in a particular case indicate that the plan should not be followed.

Development Plan6.3 The adopted development plan for St Helens is the St Helens Local Plan Core

Strategy (adopted 2012); saved policies in the St Helens Unitary Development Plan (adopted 1998); and the Joint Merseyside and Halton Waste Local Plan (adopted 2013).

Saved Policies of the St. Helens Unitary Development Plan (1998)RET 1 - Retail Development in Existing Centres

Policies of the Core Strategy Local Plan (2012)CP 1 - Ensuring Quality Development in St. HelensCP 2 -Creating an Accessible St. Helens

Other Considerations6.4 The application has been considered having regard to Article 1 of the First Protocol of

the Human Rights Act 1998, which sets out a persons rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

6.5 This application has been considered in relation to Section 17 of The Crime and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

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6.6 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.

7. ASSESSMENT 7.1 Policy RET 1 of the UDP states that development would be permitted within an

established shopping centre as long as the site enjoys good access to the highway network; site has adequate car parking, cycle parking and servicing, and is conveniently located for public transport and pedestrian routes.

7.2 As stated earlier in this report the site is located in the heart of the Fingerpost shopping centre. The centre has a number of parking spaces situated on Higher Parr Street, along with parking areas to the rear of the shops also. Whilst parking is at a premium the site is conveniently located for public transport, and is within a 10 minute walk of the Town Centre, in accordance with both policy RET 1 of the UDP, and policy CP 2 of the Core Strategy. This is also backed up by the Highway’s Officer having no objection to the proposal.

7.3 The property has been empty for over 4 years since Barclay’s Bank vacated the unit. Since then there has been ample opportunities for alternative uses to occupy the site, but the unit has remained empty. There are similar businesses within the vicinity, which is common with most local centres, and indeed this centre alone has two chemists that face one another. So whilst sympathetic to the existing businesses, there are no policies in place that restricts similar uses on the centre. Competition of business plays no part in the decision making process, and is not a sufficient reason for refusal. This is also the case for any potential impact on health as a result of using a sunbed.

7.4 The proposed change of use would bring back into use a long vacant unit, and will create 4 full time jobs and 2 part time jobs. This would add a much needed boost to the local economy. The hours of operation are consistent with this type of business, and due to the distance away from the nearest residential property would have no impact upon their amenity in accordance with Policy CP 1 of the Core Strategy.

8. CONCLUSION 8.1 Overall, the proposal meets the tests set out in policies Core Strategy Policy CP 1 and

CP 2, and UDP Policy RET 1. The change of use from A2 to Sui Generis would not have a detrimental impact upon the local centre as it would still predominately be retail. The proposal would bring back to life a long vacant unit aiding in the long term sustainability of the local centre as a whole.

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9. RECOMMENDATION

9.1 Grant Planning Permission Subject to the following conditions:

1. The works hereby permitted must be begun within 3 years of the date of this decision notice.

2. The development shall be carried out in accordance with the following application drawings:

Dwg No 3755-18-02 Site planDwg No 3755-18-03 A Floor plans

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10. IMAGES

Front elevation of the unit

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Site plan

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Existing and proposed floor plans