Agenda item

To consider application number 22/0991 for the use of first and second floors as a serviced holiday flat (sui generis use) following replacement of external windows at 32-34 Victoria Street, Blackpool, FY1 4RA.

The Committee considered application number 22/0991 for the for the use of first and second floors as a service holiday flat following replacement of external windows at 32/34 Victoria Street, Blackpool.

Ms S Parker, Head of Development Management, outlined the report and advised the Committee that the Government was currently consulting on proposals to create a specific use class for holiday accommodation uses which would be Class C5. However, at the moment there was no specific use class for this and therefore the Council considered any such use to be ‘sui generis’, meaning without classification. Ms Parker provided the Committee with a summary of sui generis in relation to holiday accommodation and advised that serviced holiday accommodation was not used as a home, typically attracted more noisy and boisterous behaviour, and did not make a contribution to the creation of stable and balanced communities, which was particularly significant given Blackpool’s significant transience levels. Ms Parker advised that this did not mean that service holiday accommodation use should be resisted, but that some measure of control was required in order to avoid these uses resulting in harm.

The Committee was informed that minimal external alterations to the building were proposed that the proposed replacement window frames in a matt bronze colour were considered to be acceptable, solar panels would be installed on the roof and that a roof terrace had been removed from the scheme in order to minimise noise disturbance. The accommodation met the relevant standards and a noise assessment had been carried out. In addition, Ms Parker informed the Committee that no issues relating to environmental quality, parking or drainage had been identified.

Ms Parker acknowledged the objections made by the Grand Theatre and the Theatres Trust and advised that in relation to movements after shows including heavy goods vehicles, although access to the flat was from the public highway and the vehicles did protrude beyond the gate line, this would not prevent access to the accommodation.

The Committee’s attention was drawn to the Update Note which contained corrections and clarifications to a number of conditions and also contained an additional response from the Theatres Trust. Ms Parker explained the concept of ‘agents of change’ to the Committee whereby when a new land use could be affected by operations of an existing land use then it was not the existing use that should be compromised  and that this point was relevant in this case. Both the Grand Theatre and Theatres Trust had raised concerns that apartment guests could raise noise complaints in relation to noise from set changeovers which generally took place late at night. A noise assessment had been carried out over a period during which shows were playing at the theatre and noise attenuation measures had been accepted by Environmental Protection. Ms Parker advised that serviced holiday accommodation was not considered to be a sensitive receptor due to its transient nature and that any noise nuisance objection would not be substantiated.

The Committee was reminded that a condition was proposed to limit the use of the proposed apartment to holiday accommodation and that this could be revisited should an application ever be made to use the accommodation on a permanent basis. Ms Parker noted that the proposed use would not harm the setting of the Town Centre Conservation Area or the Grade II Listed Grand Theatre and the Committee was asked to grant planning permission subject to the conditions in the Officer Report and Update Note.

Mr A Knight, representing the Grand Theatre and the Theatres Trust spoke in objection to the application and informed the Committee that the application was of great concern and that the activities of the Theatre were not compatible with serviced holiday accommodation. He advised the Committee of his view that the noise assessment had not been carried out at an appropriate time and as such he considered it to be flawed. Mr Knight stated that changeovers using up to three articulated vehicles could take place throughout the night which could result in noise complaints against the Theatre. He also noted that the apartment would not have any designated parking or drop-off points and stated that he believed there was a moratorium on self-catering holiday accommodation businesses in Blackpool. Mr Knight asked the Committee to either defer the application in order to allow for a further noise assessment to be undertaken or to refuse on the grounds of a failure to demonstrate compatible use with the Grand Theatre.

Mr I White, representing Stay Blackpool, also spoke in objection to the application and expressed concerns about antisocial behaviour and the proposal’s target market. He referred to the Blackpool Plan and advised the Committee that in his view the resort core needed a very different, reactive and positive approach to development and accommodation. He asked the Committee to refuse the application.

Mr J Boniface, Agent for the Applicant, spoke in favour of the application and advised the Committee that the applicant was a long established retailer who wished to convert the upper floors of their business into serviced accommodation to bring the whole building back into use. The building was within the Town Centre boundary and therefore the change of use was deemed to be satisfactory, was in line with planning policy CS21 and accorded with planning policy frameworks and policy tests. Mr Boniface acknowledged the objections to the proposal and advised that amendments had been made in relation to removal of a roof terrace and upgraded glazing. The Committee was advised a noise assessment had been carried out and that the applicant would comply with all noise prevention measures. The proposal was for short term serviced holiday accommodation and a management plan had been submitted that satisfied requirements. Mr Boniface asked the Committee to approve the application.

Councillor Mark Smith spoke in his capacity as Councillor for Talbot Ward and reiterated the objections and concerns raised by the Grand Theatre and the Theatres Trust, particularly in relation to antisocial behaviour and noise complaints arising out of the Theatre’s activities. He advised that the heavy goods vehicles used by the Theatre after shows were in used throughout the night and that this would cause disturbance for any holidaymakers staying in the apartment. He advised the Committee that the Grand Theatre was of the view that the noise assessment had not been carried out at an appropriate time and that the decision should be deferred to allows a further noise assessment to be carried out.

Ms Parker responded to the points made by all speakers and advised that there was no moratorium on self-catering holiday accommodation businesses and that the identity of an applicant could not be taken into account when determining a planning application. She reiterated that the accommodation was not considered to be a sensitive receptor and that any noise complaint made could not be substantiated.

The Committee discussed the application and raised concerns regarding antisocial behaviour, public safety in relation to heavy good vehicles if accessing the accommodation late at night and also fire safety concerns for both holidaymakers and any subsequent impact on the Grand Theatre. The Committee noted that the accommodation would service up to 10 people in a relatively small apartment, although it was acknowledged that minimum space standards had been met.

In response to the Committee’s discussions and concerns Ms Parker advised that an additional noise assessment would not produce any amendments to planning conditions or recommendations as the apartment was not considered to be sensitive receptor in relation to noise. In relation to fire safety, the Committee was informed that this was not a material planning consideration and that this was covered under other legislation and building control measures.

Mr I Curtis, Legal Advisor, advised the Committee that the loading and unloading of heavy goods vehicles was governed by health and safety legislation and where an activity was covered by a separate regulatory framework, the planning system should not seek to duplicate that framework.

Ms Parker further advised the Committee that serviced accommodation was now part of the Blackpool tourism market and that there were no residential neighbours in close proximity to be affected by the proposed use.

The Committee acknowledged the objections made by the Grand Theatre, Theatres Trust, Mr White and Councillor M Smith, however noted that there were no planning grounds for refusal of this item.

Resolved:

To approve the application subject to the conditions in the Report and Update Note.