REPORT

Planning Application No: 32/2010/10799

7 Day Notice: No
Description: Change of use from B2 use to Gymnasium (Class D2).
1.

Site Description

1.1

The application premises are located within the Crossings Business Park, situated
in the development limits of Cross Hills. It forms the central unit in a group of three
modern industrial units on Riparian Way; the units fall within a B2 general industry
use class.

2.

Proposal

2.1

Retrospective planning permission is sought for a change of use from B2 general

industry to use as a multi-purpose gym (falling within Class D2 Assembly and
Leisure). No external alterations are proposed.

2.2

The application is effectively a resubmission; a previous similar application was

refused in 2009 as being contrary to Local Plan Policy EMP7.

3.

Planning History

3.1

32/2004/439: Construction of industrial units for sale/to let. Approved 13/07/2004.

3.2

32/2007/7726: Construction of 4 industrial units, plus the resiting of Unit 4.

Approved 28/04/2008

3.3

32/2007/7852: Reconfiguration of units 1, 2 & 3. Approved 28/04/2008.

3.4

32/2009/8965: Retrospective application for change of use of industrial unit to a

mixed martial arts gym. Refused 7 December 2009.

4.

Planning Policy Background

4.1

National planning policy guidance contained in PPS4 and PPS17.

4.2

Saved Local Plan Policy EMP7 Change of use from industrial to non-industrial.

5.

Parish/Town Council Comments

5.1

Glusburn & Cross Hills Parish Council: No comments received.

6.

Consultations

6.1

NYCC Highways Authority: recommend approval.

7.

Representations

7.1

None.

8.

Summary of Principal Planning Issues

8.1

The impact of a change of use to non-industrial use, having regard to planning

policy guidance.

8.2

Highway safety.

9.

Analysis

9.1

PPS4 states that planning authorities should adopt a positive and constructive
approach towards planning applications for economic development. (Economic
development includes public and community uses - leisure and intensive recreation
uses are specifically referred to - and where employment opportunities are
provided). Policy EC10 contains the criteria against which planning applications

9.2

should be assessed, and include sustainability objectives, accessibility, impact on

local character, impact on economic and physical regeneration, and impact on local
employment.

9.3

PPG17 considers that new recreation development should amongst other things;
promote accessibility; avoid any significant loss of amenity to residents,
neighbouring uses or biodiversity; meet regeneration needs of areas, use
brownfield in preference to greenfield sites; and be located in highly accessible
locations in or adjacent to town centres, or in District or neighbourhood centres.

9.4

Saved Local Plan Policy EMP7 is permissive of the change of use from industrial
premises to non-industrial uses provided that:

The location of the building is such that industrial or commercial uses are
considered inappropriate due to an adverse effect on neighbour amenity.

The road network or access serving the buildings is considered to be unsuitable

having regard to the size of vehicles and level of traffic generated by industrial
or commercial activities likely to use the building.

The building is no longer suitable for industrial or commercial activities, but is of

sufficient architectural merit to warrant its retention.

9.5

In this particular case, the criteria set out in Saved Local Plan Policy EMP7, are not
directly met and the previous application was refused on the basis that the change
of use would result in the loss of the building for industrial purposes, even though it
was recognised that the proposal was a commercial business and created
employment.

9.6

However, PPS4 was introduced in late 2009 and this guidance (which supersedes
the local plan policy chronologically and therefore must be taken into account) gives
greater weight to the business and employment use, rather than the purely
industrial use. The proposed use would be classed as economic development for
the purposes of Policy EC10 of PPS4 and as such should be considered favourably
unless there are other overriding planning grounds.

9.7

Assessed against PPG17 criteria, the application site is located on the fringe of the
built up area of Crosshills, but it is within an established business park and
reasonably accessible by foot, bicycle and public transport. The premises are
ideally located to avoid harm to residential amenity and it is unlikely that suitable
existing premises would be found in any local central area. The proposal is
therefore held to be compatible with the requirements of PPG17.

9.8

As regards highway safety, NYCC Highways Authority state they have no objections
on highway safety grounds, and recommend conditional approval.

10.

Recommendation

10.1

Approval.

11.

Summary of conditions

11.1

Standard 3 year time limit and reason.

11.2

The development hereby permitted shall be carried out in accordance with the
approved plans and drawings entitled: Site Survey and Interior Floor Plans.
Reason: For the avoidance of doubt.

11.3

The premises shall be used only as a gymnasium and not for any other purpose
[including any use falling within Class D2 of the Town & Country Planning Use
Classes Order 1987 (as amended 2005), or in any order revoking and re-enacting

that Order with or without modification] without the express consent of the Local
Planning Authority
Reason: This permission has been granted only in consideration of the proposed
use as a commercial gymnasium and, having regard to the location of the
development within an established business park and the aims and objectives of
saved Policy EMP7 of the Craven District (outside the Yorkshire Dales National
Park) Local Plan, the Local Planning Authorities wishes to maintain control over
future uses of the premises for non-employment purposes.
11.4

No external alterations shall be made to the property as a result of the change of

use approved, unless planning permission has first been obtained from the Local
Planning Authority for any such alterations.
Reason: For the avoidance of doubt and to safeguard the general amenities of the
area.

12.
12.1

Reasons for Approval

The application site is located on the fringe of the built up area of Crosshills but is
within an established business park and is reasonably accessible by foot, bicycle
and public transport. The proposed use is as a commercial gymnasium and will
create employment. The premises are ideally located to avoid harm to residential
amenity and it is unlikely that suitable existing premises would be found in any local
central area. The proposal is therefore held to be compatible with the requirements
of PPG17 and saved Local Plan.