Proposal: Change of Use from storage unit (Class B8) to personal training studio (Class E) (retrospective)

Applicant: Mrs Strickland of Renegade Fitness & Strength Ltd

Agent: Mr Fardell of More Space Architecture Ltd

Resolved:-

That planning permission be GRANTED subject to the following conditions:

01. The development shall be retained in accordance with the following approved plans: 200; 201; 202.

Reason: To ensure that the development is in accordance with the provisions of the Development Plan.

02. The use hereby approved shall not be open for customers outside the following hours: Monday – Saturday  07:00 - 21:00. There shall be no opening on Sundays, Bank or Public Holidays.

Reason: To protect the environment of people in neighbouring properties in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

03. There shall be no more than four people on site including staff and customers at any one time.

Reason: To protect the environment of people in neighbouring properties in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Southend-on-Sea Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

04. Within three months of the date of this permission, mitigation measures set out within the findings and recommendations of the Technical letter of dB Consultation Limited dated 10 September 2021 shall be implemented at the site in full and thereafter be retained for the lifetime of the development. If the mitigation measures set out within the findings and recommendations of the Technical letter of dB Consultation Limited dated 10 September 2021 are not implemented within 3 months of the date of this permission the use of the site as a gym shall cease until they are implemented in full.  No amplified music shall be played at the premises before 0800 hours, windows shall not be opened at the premises prior to 0800 hours and after 2000 hours, and no amplified speech shall be used at the site at any time.

Reason: To safeguard the amenities of the neighbouring properties in accordance with the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy, Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015).

05. Prior to installation of any external air conditioning units or equipment, at the premises specifically subject of this permission, details of their specification, position and appearance and any noise and vibration mitigation measures to be used shall be submitted to and agreed in writing by the Local Planning Authority. The air conditioning units or equipment shall be implemented in accordance with the details approved under this condition before they are brought into use and shall be retained as such in perpetuity thereafter. The noise arising from any external air conditioning units or equipment shall be at least 10dB below the background noise level as measured at 1m from the façade of the nearest noise sensitive property.

Reason: In the interests of visual amenity and neighbour amenities further to the National Planning Policy Framework (2021), Policies KP2 and CP4 of the Core Strategy (2007), Policies DM1 and DM3 of the Southend-on-Sea Development Management Document (2015) and the Design and Townscape Guide (2009).

06. Within three months of the date of this permission, details of secure cycle storage internal to the unit, together with a timetable for its implementation, shall have been submitted in writing to the Local Planning Authority for agreement. The approved cycle storage arrangement shall be implemented at the site and made available for use by staff and/or customers within 1 month of the agreement being given by the Local Planning Authority and in accordance with the agreed details and shall be retained for the lifetime of the development thereafter. If secure cycle storage has not be implemented at the site in full accordance with details approved under this condition within 4 months of the date of this permission the use of the site as a gym shall cease until such times as cycle storage has been implemented at the site in full accordance with details approved under this condition.

Reason: In the interests of accessibility further to the National Planning Policy Framework (2021), Policies KP2, CP3 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policy DM15 of the Southend-on-Sea Development Management Document (2015).

07. Within three months of the date of this permission, details of a waste management scheme, together with a timetable for its implementation, shall have been submitted in writing to the Local Planning Authority for agreement. The waste management scheme shall be provided in accordance with the approved details and made available for use by staff and customers of the premises within 1 month of agreement of the details being given by the Local Planning Authority and shall be retained for the lifetime of the development thereafter. If waste management has not be implemented at the site in full accordance with details approved under this condition within 4 months of the date of this permission the use of the site as a gym shall cease until such times as waste management has been implemented at the site in full accordance with details approved under this condition.

Reason: In the interests of neighbour amenities further to the National Planning Policy Framework (2021), Policies KP2, CP3 and CP4 of the Southend-on-Sea Core Strategy (2007), and Policy DM15 of the Southend-on-Sea Development Management Document (2015).

08. The use of the site shall be solely as a gymnasium and personal training facility and not for any other purposes including any other use within Use Classes E, as defined under the Town and Country Planning (Use Classes) Order 1987 (as amended),  nor any change of use permitted under the Town and Country Planning (General Permitted Development) Order 2015 (as amended) or in any provisions equivalent to those Classes in any statutory instrument revoking and re-enacting these Orders.

Reason: To determine the scope of the permission in the interest of the character of the area and because alternative uses within Class E could have material different and potentially adverse impacts on residential amenity, parking, cycle parking and waste. This is in accordance with the National Planning Policy Framework (2021), Core Strategy (2007) Policies KP2 and CP1, Development Management Document (2015) and Policies DM1, DM3 and DM15.

The Local Planning Authority has acted positively and proactively in determining this application by identifying matters of concern within the application (as originally submitted) and negotiating, with the Applicant, acceptable amendments to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. The detailed analysis is set out in a report on the application prepared by officers.

Informatives:

1. The proposal is a commercial change of use creating no new floor space and is not CIL liable.

2. There is clear evidence that the installation of Automatic Water Suppression Systems (AWSS) can be effective in the rapid suppression of fires. Essex County Fire & Rescue Service (ECFRS) therefore uses every occasion to urge building owners and developers to consider the installation of AWSS. ECFRS are ideally placed to promote a better understanding of how fire protection measures can reduce the risk to life, business continuity and limit the impact of fire on the environment and to the local economy. Even where not required under Building Regulations guidance, ECFRS would strongly recommend a risk-based approach to the inclusion of AWSS, which can substantially reduce the risk to life and of property loss. We also encourage developers to use them to allow design freedoms, where it can be demonstrated that there is an equivalent level of safety and that the functional requirements of the Regulations are met.

3. The applicant is reminded that this permission does not bestow compliance with other regulatory frameworks. In particular, your attention is drawn to the statutory nuisance provisions within the Environmental Protection Act 1990 (as amended) and the noise provisions within the Control of Pollution Act 1974. Applicants should contact the Council’s Regulatory Services Officer in Environmental Protection for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ER’.

4. The applicant is also reminded that this permission is separate to the need to comply with Food Safety and Health & Safety at Work laws. These will include the Food Safety Act 1990 (as amended), the Food Hygiene (England) Regulations 2013, Regulation (EC) 852/2004 and the Health and Safety at Work Etc. Act 1974. Applicants should contact the Council’s Regulatory Services Officer for Food and Health and Safety for more advice on 01702 215005 or at Regulatory Services, Southend-on-Sea Borough Council, Civic Centre, Victoria Avenue, Southend SS2 6ER.