Application Number: 08/01764/FUL CHANGE OF USE FROM NAIL BAR TO MASSAGE PARLOUR AT The Old Coach House, 39A Aylesbury Street, Bletchley FOR Ms Andrea Mcqueenie Target: 15th January 2009 Ward: Bletchley And Fenny Stratford Parish: Bletchley & Fenny Stratford Town Council Report Author/Case Officer: Alex Harrison Contact Details: 01908 252608 alex.harrison@milton-keynes.gov.uk Team Leader: Andrew Horner Contact Details: 01908 252609 andrew.horner@milton-keynes.gov.uk 1.0 SUMMARY (A brief explanation of what the application is about, what the main issues are and the officer's Recommendation to the Committee) 1.1 The proposal is to retrospectively change the use of the building from a nail bar to a massage parlour. The site lies within Fenny Stratford and is a building to the rear of those forming the frontage of Aylesbury Street. 1.2 The key issues in determining this application are the planning issues regarding the use itself, the impact of the proposed use on the character of the area, the impact on parking provision. RECOMMENDATION It is recommended that planning permission be granted subject to the conditions set out at the end of this report. 2.0 REASON FOR REPORTING APPLICATION TO COMMITTEE (Most planning applications are dealt with by the Chief Planning Officer under powers delegated by the Development Control Committee) 2.1 The consultation process has resulted in a number of neighbour objections being received and the nature of the proposed use could be seen as controversial in nature. 3.0 INTRODUCTION (A brief description of the site and its surroundings) 3.1 The application building is a converted ancillary outbuilding which has been used for a number of business activities. It is sited behind the main Aylesbury Street frontage, adjacent the public car park on Denmark Street. It is identified (200)
as being within the centre of Fenny Stratford and part of the commercial area as allocated in the Proposals Map of the Milton Keynes Local Plan 2001 2011. 4.0 RELEVANT POLICIES (The most important policy considerations relating to this application) 4.1 The most important factor that the Committee must consider is the relevant planning policies. Firstly there are the Council's own planning policies, particularly the policies in the Adopted Local Plan, but including other policy documents such as Supplementary Planning Guidance (SPG). Relevant Government policy documents, such as Planning Policy Statements (PPS) or Planning Policy Guidance (PPG) and Circulars also need to be considered, along with Regional Plans and policies. Planning legislation requires that all planning decisions should be in line with the relevant policies. 4.2 Local Policy Milton Keynes Local Plan 2001 2011 Policy S1 General Principles Policy D1 Impact of Development Proposals on Locality Policy T10 Traffic Policy T15 Parking provision Policy TC18 Non-retail Uses on Ground Floors in Town Centres. National Policy Planning Policy Statement 1: Delivering Sustainable Development Planning Policy Statement 6: Planning for Town Centres. 5.0 RELEVANT PLANNING HISTORY (A brief outline of previous planning decisions affecting the site this may not include every planning application relating to this site, only those that have a bearing on this particular case) 5.1 04/00216/ADV Externally illuminated shop sign, consent granted 01.04.04. 04/00217/FUL Change of use from offices (use class b1) to beauty, nail treatments & reflexology permitted 01.04.04. 6.0 APPLICATION AS ORIGINALLY SUBMITTED (Details of the proposal as originally submitted) 6.1 The application seeks retrospective permission to change the use of the building from a nail bar to a massage parlour for gentlemen. The proposed use would be sui generis in nature, meaning it is unique and does not fall into any use class. Any change to a sui generis use would require planning permission and to change from a sui generis use to any other use (including another sui generis use) would also require consent. The business would operate from 10:00 until 20:00 each day of the week. 6.2 For clarification purposes the massage parlour offers adult services. It can be (201)
described as an escort meeting place. Being of a Sui Generis use it is difficult to ascertain a complete description of the nature of the use. Paragraph 9.3 of this report examines this in more detail. 7.0 AMENDMENTS (Any changes that have been made to the application since it was originally submitted) 7.1 None. 8.0 CONSULTATIONS AND REPRESENTATIONS (Who has been consulted on the application and the responses received) 8.1 Highways Development Control No objections. Comments that the current parking standards do not provide specific guidance to parking provisions required by use of a nail bar or massage parlour. The application site is located within the local centre of Fenny Stratford. Currently there is no provision for on-plot parking spaces within the site. However the site is well served by public car parks in the vicinity, providing a total of 70 parking spaces for use by visitors to the local centre. Site observations confirmed that parking spaces were available at the car parks during weekday afternoons. In addition, limited on-street parking is available on Aylesbury Street and Denmark Street. 8.2 Crime Prevention Design Advisor No comments received to date. Members will be verbally updated. 8.3 Local Residents The occupiers of the following properties were notified of the application: 35 41 (odd including 37a and 35b) Aylesbury Street 27 and 29 Denmark Street 9 letters of objection have been received raising the following points: 1. Fenny Stratford is a local business and retail area with many legitimate small businesses, retail outlets, restaurants and pubs with heavy through traffic. It is also a built up residential area in close proximity to a school, doctors surgery etc. 2. Fear over safety. 3. Affect on neighbouring businesses. 4. It is being used as a brothel. 5. It would lower the credibility of an area that already has businesses of a sexual nature. (202)
9.0 CONSIDERATIONS (The analysis of the issues which are critical, material, considerations and/or of greatest concern to objectors for the Committee to weigh up before making a decision) 9.1 The nature of the use. Assessment of the proposed use brings to light the issue of moral considerations in the planning application process. The 1992 version of PPG1 stated that moral objections to a development were not material considerations but PPS1 does not carry this explicit advice through. It stresses however the need to take into account the needs of all the community, including particular requirements relating to age, sex, ethnic background, religion, disability and income. Case law suggests that such an inclusive approach, perhaps by definition, makes judgements on morality more difficult to sustain. This has resulted in the finding that it therefore remains a conventional stance of decision makers that moral objections to developments, such as may involve gambling, drinking or sex, are given little weight in decision making unless there is some tangible land use or amenity impact deriving from such activities which can clearly be shown and supported with convincing evidence. In the absence of such amenity considerations local authorities face the prospect of having costs awarded against them in the event of an appeal. 9.2 Such examples are demonstrated in two cases, the first in North East Lincolnshire and the second in Chester City. The former proposed the change of use of two terraced dwellings into a massage parlour which was refused by the Council. The Inspector concluded there was no indication that customers would pose a threat to local residents or that it would lead to an increase in crime or an erosion of moral values and allowed the appeal. The second proposed a gentleman s recreation club and this was allowed despite claims that the sexual perception of the use may have harmful psychological effects on nearby residents and passers by. The Inspector noted that the nature of the use would be morally objectionable to many people and noted the Council s concerns that the use would have a negative affect on the perception of the character of the area but concluded that its indistinguishable nature in a predominantly commercial area would mean there would be no harm and subsequently allowed the appeal. 9.3 On the basis of previous case law the advice to Members is that objections on moral grounds are not a material planning consideration and should be disregarded as a result with consideration being only on the planning merits of such a proposal. The suitability of a sex-based use in a particular location should not therefore be considered as a matter of principle. It has been noted that massage parlours can be a front for a sex orientated use, but planning control is faced with considerable difficulty in making any distinction. It is considered that sex uses such as peep shows and brothels pose a particular problem for planning control and historically it has been the practice to accept that planning controls are not a suitable way to control such a use. Police action or invoking the laws of nuisance are usually considered more appropriate remedies. As part of the consultation process the Crime Prevention Design Advisor has been contacted for comment. (203)
9.4 The impact on the character of the area and neighbouring amenity. The site lies within the area designated as Fenny Stratford local centre which consists of a mix of uses but is predominantly commercial in nature. Policy TC18 allows for non-retail uses at ground floor level within town centres as long as three criteria are satisfied: 1. The first is that the proposal should not fall within the restrictions of table TC1. This table does not impose any restrictions at Fenny Stratford and this is therefore complied with. 2. Secondly; a frontage of 3 or more units in non-retail use should not be created in any Primary Shopping Area. This is complied with as there is no such Area designated in Fenny Stratford. 3. Thirdly; there should not be any adverse impacts on neighbouring amenity. Paragraph 9.2, of this report, refers to previous considerations on these lines. The site lies within a predominantly commercial area and the use would cease by 20:00 every night. Any neighbouring properties that are within the proximity of the site would not be subject to noise level over and above those normally experienced in a commercial area. 9.5 It is therefore considered that this proposal would not be contrary to policy TC18 and in considering the planning merits it is not considered to be an inappropriate location. The property would remain a commercial unit in a commercial area, operating at reasonable hours which would be comparable to those of neighbouring uses and would not detrimentally harm the character of the area. 9.6 Regarding neighbouring amenity issues, paragraph 9.2 touches on the weight given to amenity when taking a moral stance. Given the opening hours proposed and the largely commercial nature of the area it is considered that the use would not harm neighbouring residential amenity due to potential noise, general activity levels and parking demand. Such a use would be likely to be inappropriate in a residential area; however that is not the case here and considering previous case law/decisions on the subject it would be difficult to sustain an objection on this ground in this commercial location. 9.7 Impact on parking provision. No objection has been raised by Highways Development Control due to the presence of public car parks in the area. The site is walking distance from these facilities and therefore it is considered that the availability of these car parks means that the absence of on plot parking spaces does not result in harm to highway safety and convenience. No issues of parking problems have been raised in the neighbour letters that have been received. (204)
10.0 CONCLUSIONS (The officer advice to the Development Control Committee on the appropriate decision, based on the policies of the Development Plan, taking into account the issues detailed in the report) 10.1 The proposal is one that is not popular within the local business community. Sex uses bring about numerous moral concerns but it is clear that such issues should not form part of the planning process. Therefore looking at the planning merits of the use it is considered that there would be no material harm to either the character of the area or residential amenity and the availability of public car parks in the area address potential highway concerns. 10.2 The sui generis nature of the use means that the Council would receive an application for any further change of use and a condition restricting opening hours would ensure the use is not in operation at unreasonable hours. Monitoring and enforcement of concerns about a possible sex use is a matter for the police and does not fall within the planning process. The concerns from neighbouring occupiers are noted and have been given fully appropriate consideration but the application is recommended for approval subject to the conditions below. 10.3 Matters Which Need to be Reported Prior to Determination Any comments received from the Crime Prevention Design Advisor. 11.0 CONDITIONS (The conditions that need to be imposed on any planning permission for this development to ensure that the development is satisfactory. To meet legal requirements all conditions must be Necessary, Relevant, Enforceable, Precise and Reasonable ) 11.1 1. The use hereby permitted shall not be open to customers outside the following times 10:00-20:00. Reason: To ensure the business use hereby permitted does not operate at unreasonable hours in accordance with policy D1 of the Milton Keynes Local Plan 2001-2011. (205)
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