Agenda item

Demolition of three workshops/sheds for the comprehensive redevelopment of the South-West area of the marina comprising four purpose built buildings including marine related workshops, offices, storage, reprovision and extension of the retail (chandlery) and a cafe/restaurant together with an additional 23 car parking spaces, boat parking and storage and appropriate landscaping - Variation of condition 3 from planning permission BI/12/00475/FUL (as amended by S.73 permission B1/22/01742/FUL) - Use Class variation of buildings A and D (Units A2 and D7 only) to allow greater flexibility, as amplified by email dated 22 May 2023.

Defer for S106 then permit.

Miss Taylor introduced the report. She drew attention to the Agenda Update Sheet which included an additional consultation response from the Environment Agency.

Miss Taylor outlined the site location and highlighted the units A2 and D7. She explained the application had been submitted under Section 73 of the Town and Country Planning act, to amend condition 3 of planning permission 12/00475/FUL and sought to allow more flexible use of the units A2 and D7.

Miss Taylor drew attention to paragraph 8.18, page 176, which quoted a recent appeal decision from the Planning Inspector, which acknowledged that a more flexible approach could be granted on units A2 and D7.

Miss Taylor explained the current use permitted and detailed the new use classes which were being sought for both A2 and D7. She informed the Committee that the applicant had submitted evidence to show that adequate marketing had been undertaken for both units. The unit known as A2 had been vacant since April 2020 and the unit known as D7 had been vacant since February 2019.

Representations were received from;

Mr Andy Pearce – Agent

Cllr Timothy Firmston – Birdham Parish Representative

Cllr Elizabeth Hamilton – CDC Ward Member

Officers responded to comments and questions as follows;

Miss Bell clarified that there would be no demolition as part of the application. The units were already built and in situ. All the application sought was to vary and extend the use of enterprise which could operate within the units known as A7 and D2.

Miss Bell confirmed that the units had been competitively marketed, she referred to the Planning Inspector comments within the report which acknowledged a wider use could be applied to both A7 and D2.

Responding to concerns that an unsuitable use may result; Ms Bell assured the Committee that officers had carefully considered what would and would not be suitable and restrictions would still be in place.

With regards to an additional condition being included that restricted either unit (A7 or D2) to being marketed for only marine use, within the first two months of the previous occupant vacating; Miss Bell agreed that a condition such as this could address the issue.

On the matter of taking a separate vote on A7 and D2; Ms Golding explained that this was not possible and advised the Committee that they must determine the application in front of them.

Regarding rental of the units; Mrs Stevens acknowledged concerns raised by the Committee, however, she explained that the Planning Committee had no role in private rental agreements.

Cllr Burton proposed that an additional condition be included restricting the applicant to marketing the units A7 and D2 for marine use only, for the first two months upon vacation of previous occupant.

Cllr Johnson seconded the proposal.

Following a vote, the Committee agreed to include the additional condition proposed by Cllr Burton.

Following a vote, the Committee agreed to support the report recommendation to defer for S106 then permit.

Resolved; defer for S106 then permit subject to the conditions and informatives included in the report and the additional condition as agreed.