Agenda item

Change of use of existing office building (Class E) to form emergency accommodation (Sui Generis), including installation of solar panels and change of use of adjacent land for the siting of modular housing units, energy centre and bin store - Sully House, Clovelly Road Industrial Estate, Bideford

The following Councillors had attended the virtual site visit listed below:

Councillors  C Leather, R Lock, R Boughton, M Brown, P Christie and R Craigie

Application No 1/0969/2022/LA – Change of use of existing office building (Class E) to form emergency accommodation (Sui Generis), including installation of solar panels and change of use of adjacent land for the siting of modular housing units, energy centre and bin store.

Interests – Councillor Christie declared a personal interest and stated he was dual-hatted as a member of Bideford Town Council.

Officer Recommendation – Grant

The planning application had been referred to Plans Committee because Torridge District Council is the applicant.

The Development Management Team Leader presented the report and advised members of the main planning considerations. The following 2 updates were provided since the publishing of the report:

Update 1

‘Additional marketing information has been provided. The site has been marketed for a significant time at a reasonable value, which the LPA has verified by a 3^rd party valuation.

3^rd party representation claims the sequential test has not been followed. This site is for a sui-generis use (not C3). The site includes an office and therefore complies with the mixed-use test.’

Update 2

‘The sequential test is separate from marketing. Even if members consider the site is not mixed use and there is some conflict with DM13, the need for temporary accommodation is so significant that the officer would still recommend approval (based on the significant need as a material consideration).

This proposal is for temporary accommodation (not a dwelling but like a hostel). There is no need to condition this, as permanent use by residents would result in a change of use.’

When debating the application issues and concerns raised included:

·         Sequential Test  - clarity was sought regarding the sequential test and policy DM13

·         Safeguarding of industrial land (DM13)

·         Amenities for the residents

·         The possibility of noise complaints from residents in relation to the industrial units.

·         Concerns regarding use of shared facilities within the accommodation.

·         Lack of play space.

·         The continued impact of the housing and homelessness crisis in the district.

·         The lack of available accommodation within the district.

The officer responded to the issues raised above and Members were advised that the Environmental Protection Officer and Highways Officer were also present if required.

Whilst discussing the application members queried if a condition could be added regarding the change of use, so if the need for temporary accommodation should cease the building use would return to office accommodation.

During discussion it became evident that some members were of the opinion the application should be refused due to loss of employment land (DM13), and concern regarding amenities (DM01).

It was proposed by Councillor McGeough, seconded by Councillor Brown that the application be refused.

A recorded vote was taken.

(Vote: For 4, Against 5) – the Motion was lost.

It was proposed by Councillor Christie, seconded by Councillor Lock that the application be granted with the addition of the following condition:

At such a time where there is no longer a need for the building as temporary accommodation, the use of the building return to office use. 

A recorded vote was taken.

(Vote: For 5, Against 4)

RESOLVED:

That the application be granted, subject to the conditions as set out in the report and the additional condition stated above.

Rebecca Fearnley addressed the Committee objecting to the application.