Agenda item

Change of use of vacant care home to Hotel/HMO

Description:

Change of use of vacant care home to Hotel/HMO

Officer Recommendation:

Approval, subject to conditions and informatives.

Officer Presentation:

The Committee received a presentation on the application from the Planning Development Team Leader.

Decision:

Following Committee consideration, the Head of Development Management and Planning Enforcement advised the Committee that, in order to address the potential parking implications resulting from possible fluctuation between hotel and HMO use, an additional condition would be advisable to limit the existing uses under the current provision so that any fluctuation between hotel/HMO use could be reviewed under a new application or a variation.

Subsequently, Councillor Neil Dallen proposed that the Officer recommendation be amended by way of an additional condition, as follows:

The use hereby permitted is to be carried out in accordance with the approved plans. The house of multiple occupancy (HMO) use is to be limited to 8 rooms, with a maximum occupancy of 12 persons.

Councillor Phil Neale seconded the proposal. The Committee voted unanimously in favour of the motion.

Subsequently, Councillor Neil Dallen proposed a motion to agree the Officer recommendation, as amended. The motion was seconded by Councillor Alison Kelly. The Committee resolved (8 for and the Chair not voting) to:

Approve the application, subject to the following conditions and informatives:

Conditions:

(1)          Timescale

The development hereby permitted shall be commenced within three years from the date of this decision.

Reason: To comply with Section 91 of the Town and Country Planning Act 1990 (as amended).

(2)          Approved Plans

Unless otherwise agreed in writing by the local planning authority, the development hereby permitted shall be carried out in accordance with the following plans:

PR-ELD-06 Site Location Plan

PR-ELD-05 Block Plan and Parking Layout

PR-ELD-01 Existing and Proposed Grnd and Bsmnt

PR-ELD-02 Existing and Proposed 1st and 2^nd Fl Plans

PR-ELD-03 Existing and Proposed Front and Rear Elevations

PR-ELD-04 Existing and Proposed Side Elevations

Reason: For avoidance of doubt and to ensure that the development is carried out in accordance with the approved plans to comply with Policy CS5 of the Core Strategy 2007.

(3)          Car Parking Management Plan

Within one month of the date of this of this decision a Car Park Management Plan must be submitted to and approved in writing by the Local Planning Authority.

The plan shall include the following measures:

Details of separate parking allocation for the HMO use and the Hotel use

Details for the parking of delivery vehicles

Details of the management and enforcement measures to prevent misuse/indiscriminate parking

The measures shall be implemented in full within one month of the agreed details and be retained as such thereafter.

Reason: For the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with the objectives of the NPPF 2024, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

(4)          Parking and Turning

Within three months of the date of this decision parking shall be laid out within the site in accordance with the approved plans for vehicles to be parked and for vehicles to turn so that they may enter and leave the site in forward gear. Thereafter the parking and turning areas shall be retained and maintained for their designated purposes.

Reason: In order for the development not to prejudice highway safety nor cause inconvenience to other highway users in accordance with the objectives of the National Planning Policy Framework 2024, and to satisfy policies DM35 and DM36 of the Development Management Policies 2015 and Policy CS16 of the Core Strategy 2007.

(5)          Cycle Store Details

Within one month of the date of this decision facilities for high quality, secure, lit and covered parking for a minimum of 22 bicycles and the provision of a charging point with timer for e-bikes by said facilities have been provided within the development site in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Thereafter the said approved facilities shall be provided within three months of the date of the approved scheme and retained and maintained in Accordance with the approved details to the satisfaction of the Local Planning Authority. Where communal storage areas are provided, 20% of all bikes (including disabled and adaptive cycles) should be able to be charged at any one time. 5% of communal cycle storage spaces should cater for disabled/adaptive cycles.

Reason: In recognition of Section 9 'Promoting Sustainable Transport' of the National Planning Policy Framework 2024 an in meeting its objectives, as well as and to satisfy policies DM35 and DM36 of the Development Management Policies 2015.

(6)          Electric Vehicle Charging Points

Within one month of the date of this decision each of the proposed parking spaces shall be provided with a fast-charge Electric Vehicle charging point (current minimum requirements - 7 kw Mode 3 with Type 2 connector- 230v AC 32 Amp single phase dedicated supply) in accordance with a scheme to be submitted and approved in writing by the Local Planning Authority.  Thereafter the said approved facilities shall be provided within three months of the date of the approved scheme and retained and maintained in accordance with the approved details to the satisfaction of the Local Planning Authority.

Reason: In recognition of Section 9 'Promoting Sustainable Transport' of the National Planning Policy Framework 2024 an in meeting its objectives, as well as and to satisfy policies DM35 and DM36 of the Development Management Policies 2015.

(7)          Outdoor Event Restrictions (Hotel Use)

Outdoor events associated with the hotel use hereby permitted shall not take place between the hours of 22:00 – 08:00 Monday to Sunday, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenities of the occupiers of the adjoining residential properties in accordance with Policy DM10 of the Development Management Policies Document 2015.

(8)          No Outdoor Music/Amplification (Hotel Use)

No outdoor music (amplified or otherwise) or outdoor amplification associated the hotel use hereby permitted shall take place unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the amenities of the occupiers of the adjoining residential properties in accordance with Policy DM10 of the Development Management Policies Document 2015.

(9)          Occupation Restriction

The use hereby permitted is to be carried out in accordance with the approved plans. The house of multiple occupancy (HMO) use is to be limited to 8 rooms, with a maximum occupancy of 12 persons.

Reason: To ensure that the development is maintained in a manner that does not prejudice highway safety or cause inconvenience to other highway users or neighbouring properties in accordance with Section 9 of the National Planning Policy Framework 2024, Policy CS16 of the Core Strategy 2007 and Policies DM8, DM10, DM35 and DM37 of the Development Management Policies 2015.

Informatives:

(1)          Positive and Proactive Discussion

In dealing with the application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form or our statutory policies in the Core Strategy, Supplementary Planning Documents, Planning Briefs and other informal written guidance, as well as offering a full pre-application advice service, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably

(2)          Changes to the Approved Plans

Should there be any change from the approved drawings during the build of the development, this may require a fresh planning application if the changes differ materially from the approved details. Non-material changes may be formalised by way of an application under s.96A Town and Country Planning Act 1990.

(3)          CIL Liable Development

This form of development is considered liable for the Community Infrastructure Levy (CIL). CIL is a non-negotiable charge on new developments which involve the creation of a new dwelling.

The Liability Notice issued by Epsom and Ewell Borough Council will state the current chargeable amount. A revised Liability Notice will be issued if this amount changes. Anyone can formally assume liability to pay, but if no one does so then liability will rest with the landowner.

A Commencement Notice must be submitted to the Local Planning Authority prior to the commencement of development in order to ensure compliance with the Community Infrastructure Levy Regulations.

(4)          Licensing

The applicant is reminded of their duty to satisfy all required legislation relating to a licensed HMO/Hotel premises.