Agenda item

Report of the Assistant Director (Planning).  

Report of the Assistant Director (Planning) on changing the use of the ground floor from a learning workshop (Class F1) to Office (Class E). The application site measures approximately 886sqm, with the ground floor of the building measuring approximately 189sqm in floor area. Planning permission was granted in August 2001 under application ref: N6/2001/0662/FP for the change of use of the ground floor of the building to a learning workshop, to provide education, training and associated services. It is understood that the first and second floor levels had remained in office use.

This application was presented to the Development Management Committee because the application was called-in by Councillor Fiona Thomson in December 2021.

A written statement from the agent was read out; stating that the existing building currently benefited from an unrestricted ‘E Class’ to the first and second floor, the ground floor currently benefited from an ‘Educational Use Class’. The application sought consent for the change of use of the ground floor only to an ‘E use class’ to match the upper floors. The submitted application proposed no external alterations to the building in any form. The agent was aware of the previous property owners and their historic applications for a ‘Weatherspoon’s’ drinking establishment.’ The new freeholder of the property did not have any intention to allow any forms of drinking establishment or food retailing use within the building and had agreed to a planning condition restricting these sub classes within the Class E use of the ground floor. The client did not object to the restrictions recommended by condition 1 and did not intend to use 22 Parkway for retail purposes or as a pub or restaurant.

Malcolm Day, Objector, stated he was representing the Welwyn Garden City Society. There had been a high level of interest in the application as the use of the premises had been, and remained a worrying issue for the residents of Welwyn Garden City. The planning officer had picked up the major concerns from the Society and its members and has incorporated them in the conclusion. It would appear that these concerns could be fixed by modifying Class E. Class E was introduced in 2020 to loosen up the development of town centres heavily hit by covid and e-commerce by removing the responsibility of many changes of use from the planning departments. The concern is that Class E is too new and unproven on risks on such an important building. It should be asked if sections can be removed from Class E and does the building revert back to a full Class E upon sale. The objector also queried what implications the change in class will have on properties 8 to 20 Parkway. Surely the objective is to come up with a plan to place all the houses in that stretch of Parkway in a class that ensures that in the future the residents will not have to fight to prevent the frontage of these beautiful buildings being spoilt. Ensure there is a plan to safeguard No. 22 Parkway and the other properties along the stretch on Parkway.

Councillor F. Thomson, Ward Councillor, stated that 22 Parkway has been subject to many applications over the years to date including three applications for a pub and a hotel which were rightly refused. She confirmed she has no objections in principle to change of use to class E, however the main issue she wanted to highlight and the main reason for calling in the application is in respect on the ambiguity around what that change could result in if it were to be approved without very specific conditions, particularly as retail, leisure and food and drink related uses are also permissible under flexible class E use. Councillor Thomson welcomed the officer statement that given the highly sensitive location of the site within the conservation area that it is considered reasonable and necessary if permission is to be granted to impose a condition to remove E (d), removal of indoor sport and recreation alongside E (a) retail and E (b) food and drink to ensure that the appearance of the side would be in keeping with the surrounding commercial properties and sympathetic to the character of the conservation area. These conditions would help to safeguard this part of the conservation area and would prevent any future applications for the sale of food and drink at this address. Councillor Thomson requested that the first condition should clearly specify what each of the flexible classes E (c), (e), (f), (g) refer to and additional asked the committee if they were minded to approve that they have a specification within the conditions on what the approval does not include.

Members noted that Class E was a new class and was relatively unproven; there were concerns on what happened if the property was sold and what the impact of change to this property on the change to Class E and on the surrounding properties would be. The Legal officer advised that if the property was sold the planning condition would remain binding upon it regardless of who the owner was. There would be the opportunity for any applications to be made to vary the conditions or ultimately appeal to vary the conditions to the planning inspector if they were minded to do so.  In terms of the impact to the surrounding area, members do need to consider this application on its own merits, do need to consider how it will impact the character and appearance of the area. There will be precedence set in other units in the same area could come forward as Class E.

Members thought it was good to see a proposal for the site that was not a restaurant or food establishment. The proposal was much more sympathetic to the residents in the area and the effects made in adding in conditions that restrict the use of Class E to the provision of services as opposed to the provision of goods. In keeping with the rest of the commercial properties in the area.

Members were not happy with the conditions and the use of Class E as the residents had doubts. Members wanted to see a more secure statement about Class E and possibly using other methods of ensuring the site would not be used for retail purposes and asked if there was an alternative way of satisfying the two objections or having definite assurance on the use of Class E and wanted further clarification. It was noted that the government set the policies and then the committee interpret it. The committee cannot overturn Class E as that was a national policy. The Legal officer clarified that the committee would have to make a decision within the framework that was set by the national government. If any developers come forward and seek office use they have to seek it under class E, there was no alternative. In terms of additional controls, the uses are normally controllable through a condition.

Members asked about permitted development rights and if they were able to remove certain rights to protect against future changes in use. Previously had a number of classes, class A, Class B (office), A1, A2. Class E was now a much broader class so included food and beverage as well as other uses and the proposal with the conditions will be narrowed down to a particular section of Class E and this will transfer to whoever owns the property. Officers confirmed that this was correct.

Members asked about EV charging points and if there was anything that can be put in as a condition as the proposal was a good opportunity to have EV charging points. Officers stated that the condition wording itself required further details to ensure EV charging would be implemented at the site. As there was no specific details or requirements asked by Hertfordshire County Council and the Welwyn Hatfield Borough Council does not have any policies on such matters, the onus is on the applicant to provide a suitable amount of provision. When officers receive these details via condition, it will be sent to Hertfordshire County Council Highways department to see how it would meet the future needs for sustainable travel.

Members considered waiting to see what the applicant came back with on the application to see what conditions can be applied.

The Chair gave an overview of the main points raised throughout the discussion.

Following discussion to change the wording of the condition to clearly specify what each of the flexible Class E (c), (e), (f) and (g) refer to, and as a compromise, also specify within the reasons of the condition what use classes within Class E are excluded so that it is still stated in the Decision Notice, it was proposed and seconded by Councillors S.Kasumu and J.Broach to approve the application and

RESOLVED:

(13 in favour - unanimous)

That planning permission be GRANTED subject to condition 1 clearly specifying what each of the flexible classes of c, e, f and g refer to and what it does not include in the reasons, specifically E (a) retail, (b) food and drink (d) indoor sport and recreation.