Appeal 6000668

The appeal is allowed and planning permission is granted for use of ground and basement commercial floorspace for dual alternative use as Class F1 (Learning and non-residential institution) or Class E (Commercial, business and service) at [site address] in accordance with the terms of the application reference: 25/0904/F, subject to the conditions in the attached schedule.

The description of development was revised by the Council during the application determination period. However, no explicit proof of the appellant’s agreement to the revision has been provided, and the appeal form uses the original description provided on the application form. Therefore, I have determined this appeal based on the original description, which I consider is an accurate description of the development sought by the appellant.

The main issue is the effect of the proposal on the supply of community facilities.

The appeal site is the ground floor and basement of a two storey building located on [site address] , which is a busy road comprising a mix of uses including commercial and residential.

The proposal involves a change of use of an existing Use Class F1 ground floor and basement commercial unit, to a dual use comprising either Use Class F1 or Use Class E. [name] recognise the dual use would give flexibility for either use, as part of the determination it is realistic to consider the potential that there could be a total loss of a Use Class F1 community use in this location as this would be a consequential effect of permission for a dual use. I have therefore determined the appeal on this basis.

There is no dispute between the parties that the unit has been vacant since December 2020. The appellant has described actions they have taken to find a tenant for the premises during the vacancy period. This has included online marketing over a sustained period, which, despite a consistent number of online views and a reduction in the rent did not result in any interest for the current permitted use. Considering the information before me as part of this appeal, I am satisfied that the appellant has taken proactive measures to seek an occupier for the unit, which has been vacant for a significant amount of time.

Local Plan Policy CH(a) includes criteria to assess proposals that would result in the loss of these facilities. Of particular relevance in this case are criterion (i) which requires evidence that the loss of community facilities would not create or add to a shortfall in provision for the specific community use; and criterion (iv) which requires evidence that the site is demonstrably unsuitable for continued use as a community facility. The policies do not provide specific requirements on what the evidence required should encompass.

No specific community use has been in operation at the site since December 2020 when the site became vacant. As a result, no existing specific community use would be lost, meaning that the proposal would not lead to a shortfall in community provision.

In conclusion, I consider that the proposal would not have an adverse effect on the supply of community facilities and is in accordance with Policies CH1 and CH(a) of the Royal Greenwich Local Plan: [name] with [name] (July 2014) (the Local Plan). These policies, amongst other things, seek to create and maintain strong, cohesive communities, including through the protection of existing community facilities.

The proposal accords with Policy S1 of the London Plan (2021), which supports the provision of high quality, inclusive social infrastructure to address local or strategic need and support service delivery strategies. The reason for refusal cites London Plan objectives GG1 and GG5, albeit erroneously referring to these objectives as policies. Nevertheless, they inform the topic-specific policies of the London Plan.

The proposal would assist with bringing a vacant unit back into use, providing the potential for new Use Class E floorspace which would have a benefit in terms of increased employment opportunities and would complement the nearby neighbourhood parade. This is consistent with Local Plan Policies EA(a) and EA1 and accords with sections 6 and 7 of the National Planning Policy Framework by supporting economic growth and enabling the development of retail uses in accessible locations. I ascribe these benefits moderate weight.

The National Planning Policy Framework (December 2024) (the Framework) in paragraph 57 indicates that conditions should only be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects.

The Council has suggested conditions and the appellant has provided comments. I have considered the suggestions and comments in relation to the Framework and the Planning Practice Guidance. I have amended the suggested wording for several conditions (including merging some similar conditions) in the interests of precision, consistency and enforceability.

The standard condition setting out the time limit for implementation is imposed to provide certainty. A plans condition has been suggested by the Council and agreed by the appellant. However, as the proposal is for a change of use only, with no operational development proposed, a plans condition has not been included as it is not necessary.

I have imposed conditions relating to hours of operation, delivery and servicing, refuse and recycling arrangements and noise mitigation, to reduce the scope for adverse impacts on living and working conditions for occupiers and users of neighbouring properties, and ensure that the permitted uses can operate effectively. I have amended the condition relating to noise mitigation to remove requirements to go beyond Building Regulations Approved Document E. Adequate justification has not been provided setting out why the permission should exceed the requirements of a separate statutory regime, hence it is not reasonable.

Conditions relating to management plans for Use Class E(f) and F1 uses are necessary to ensure that the potential impacts associated with these uses are properly identified and managed, to ensure the safety and wellbeing of future occupiers and to reduce the scope for adverse impacts on living and working conditions at neighbouring properties.

A condition relating to a travel plan is necessary to ensure that sustainable transport modes are prioritised.

A condition requiring the approval of any proposed extraction system associated with Use Class E(b) use will ensure that the living conditions of adjacent occupiers are not adversely affected by odours, fumes and noise that can arise from the operation of such systems. I acknowledge that, in some instances, extraction systems may require separate planning permission, meaning that any adverse impacts could be considered during the determination of said application. However, extraction systems may not always constitute development, and therefore the condition is necessary.

The Council have suggested a condition restricting the use of the premises to E and F1 uses. However, this condition is not necessary or reasonable, as it is merely expressing the uses allowed through the permission. A future change of use would require further permission, hence any concerns about future alternative use of the premises can be considered at this point.

I have found that the proposal would be in accordance with the Development Plan read as a whole. Material considerations do not indicate a decision should be taken other than in accordance with the Development Plan. I therefore conclude the appeal should be allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

Prior to the occupation of the building by a use falling within Use Class E or F1, details of the hours of operation and times of deliveries and servicing shall be submitted to, and approved in writing by, the local planning authority and thereafter shall be complied with for the lifetime of the development.

Prior to the occupation of the building by a use falling within Use Class E or F1, a detailed scheme of noise insulation measures for all divisions (walls and/or floors) separating the upper floor residential units and the ground floor Use Class E or F1 uses shall be submitted to, and approved in writing by, the local planning authority. The scheme of noise insulation measures shall be prepared by a suitably qualified consultant/engineer and shall demonstrate the level of protection for airborne sound insulation and for impact sound insulation. The approved scheme shall be implemented prior to the occupation of the building by a use either falling within Use Class E or F1 and shall be maintained for the lifetime of the development.

Prior to the occupation of the building by a use falling within Use Class E or F1, full details of the refuse and recycling storage and collection arrangements in association with these uses shall be submitted to, and approved in writing by, the local planning authority. The refuse and recycling arrangements shall be implemented in accordance with the approved details and made available for use prior to the first occupation of the development and shall be maintained for the lifetime of the development.

Prior to the occupation of the building by a use falling within Use Class E(f) or F1, a detailed Management Strategy Plan shall be submitted to, and approved in writing by, the local planning authority. The Management Strategy Plan shall include full details and mitigation measures for how users of the building arrive and leave, including safety measures, and details of parking. The approved Management Strategy Plan shall be implemented prior to the occupation of the building by a use falling within Use Class E(f) or F1 and thereafter shall be complied with for the lifetime of the development.

Prior to the occupation of the building by a use falling within Use Class E or F1, a detailed site-specific Travel Plan incorporating measures to promote and maximise the use of sustainable travel (including public transport, walking, cycling and use of the river), and monitoring arrangements for the operation of the development (including measurable targets and a monitoring plan), shall be submitted to, and approved in writing by, the local planning authority. The Travel Plan shall be implemented in accordance with the approved details and any agreed timetable therein, and thereafter shall be complied with for the lifetime of the development.

Prior to the occupation of the building by a use falling within Use Class E(b), details of a scheme for the extraction and treatment of cooking odours, fumes and effluents shall be submitted to, and approved in writing by, the local planning authority. The submitted details shall include: a) the siting and design of the extraction system, including the height and location of any flue(s); b) the specification of filtration and/or deodorising equipment; c) noise attenuation measures associated with the extraction system; and d) maintenance and cleaning schedules for the equipment. The approved scheme shall be installed prior to the occupation of the building by a use falling within Use Class E(b) and shall be operated and maintained for as long as the Use Class E(b) use remains operational. End of schedule