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PLANNING ENFORCEMENTS

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					REPORT OF: TO: DATE:

THE PLANNING MANAGER NELSON COMMITTEE 6th January 2003

PLANNING ENFORCEMENTS

Purpose to consider the attached reports.

Town Hall, NELSON, Report Author: A. Wiggett

(Tel:) (01282) 661706 E-Mail: andy.wiggett@pendle.gov.uk

Background Papers: None Ref: AW/CPB Date: 11th December 2002

BEN/020042 “SUPERTAN” 39 Railway Street, Nelson Change of Use – & Change of Shop Front

In September 2002, the Planning Enforcement Officer was requested to investigate the premises now known as “SUPERTAN”, situated at 39 Railway Street, Nelson. It must be stressed that the inception of the investigation did not arise from complaints’ from the public or Local Councillors, and no such complaints have been received since the investigation commenced. The premises are within a terraced block of shops and offices in the Town Centre of Nelson. In 1998 planning permission was granted for these premises to be used as a Betting Office which is categorised as an A2 Use under the Uses classes Order and also consent for illuminated signage at the front. In the years 2000 and 2001, the premises became vacant due to the Betting Office business moving further down the street into new premises. In April, 2002, the premises were opened up as a Tanning Studio, changing its use from A2 to Suis Generis under The Uses Classes Order. The illuminated sign above the front of the premises changed in so much as the new name SUPERTAN was added replacing the Betting Office name, and the means of illumination the same as before. The frontage of the premises has been altered, purely by means of a new glazed window and tiling below the window in a chequered fashion coloured blue and yellow. The proprietor was constacted and put forward that it was his first venture in the business world and that as far as “Change Of Use” was concerned stated that due to a third of the turnover being retail sales of tanning products it had reverted to use as a shop under A1 of the Uses Classes Order which other authorities accepted for this type of business. He agreed that the signage had changed due to the new name and that he had tiled the frontage. He was invited to apply retrospectively for planning permission in respect of change of use of the premises and frontage. It was agreed that the application should be submitted by the 1st November, 2002. However no such application has been received. In Policy terms there is already an excess of Usage in the vicinity in relation to non retail use of premises. However the previous use of a Betting Office under A2 to Suis Generis does not cause concern and permission may well have been recommended for approval. The issue of the change of frontage has received no adverse reaction leading to complaint and in respect of the illuminated signage in my opinion is a minimal alteration to previous circumstances existing in 1998.

As far as traffic or parking problems the running of the business as a Tanning Studio has not created any problems as their exists adequate restrictions on the highway already and nearby Local Authority parking areas for Town Centre shoppers to park. Recommendation: That the proprietor be urged to regularise the situation, but in the absence of any such application being received thereafter it would not be expedient to take action.

BEN/02/0160 Furnico In November 2002, the Local Planning Authority received a complaint regarding Furnico trading from premises known as Throstle Nest Mill, off Leeds Road, Nelson, without the appropriate planning permission. The Company known as Furnico is a long established manufacturers of 3 Piece suites and has parent premises situated off Greenfield Road, Colne. The premises have a main office block, a showroom floor area, production and assembly lines, warehouse storage and distribution facilities. At the front of the premises there is a large car park for over 50 vehicles and loading bays for Articulated vehicles to load and unload from. About 12 months ago Furnico leased part of an old mill premises known as Throstle Nest Mill, situated off Leeds Road, Nelson. THROSTLE NEST MILL Throstle Nest Mill is sited about ½ a mile outside of Nelson Town Centre. It is an old mill complex standing in its own grounds and is divided by deeds into ownership of 3 landlords. The site of the mill, virtually a square complex is surrounded to the South by the A56 Leeds Road, to the North by Bankhouse Road, to the West by Hey Street, and to the East by Throstle , Beech and Queen Street. Leeds Road (A56) : This road to the South of the mill is a main arterial road which connects the two townships of Nelson & Colne, which apart from the M65 is the most used connecting road by vehicular traffic. The main entrance to the mill complex for vehicular and foot traffic is located on this road. Along both sides of the carriageway either side of the main access point to the mill there is parking restrictions governed by double yellow line markings. Along this stretch of road there are shops and takeaways and the only parking facilities are side streets and small car parking areas mainly for the use of residents of nearby houses and shop premises. Bankhouse Road : This road situated to the North of the mill is a side road connecting Scotland Road to Leeds Road. On this road and immediately behind the mill is a residential area of terraced housing. There is one entrance to the mill on this side which is for public use only to gain entrance., and is unsuitable for the loading and unloading of bulky goods such as 3 piece suites. Along this road running alongside the mill building there is traffic calming measures in the form of a chicane. Parking on this road is used on one side and opposite the mill by residents. Due to the chicane traffic flow difficulties are increased if both sides of the carriageway were used to park, between the chicane. Hey Street : This street situate to the East of the mill complex is a short street connecting the main Leeds Road to Bankhouse Road. This has a few residential properties along one side opposite the mill and a small lay by type car park in the

centre. Also on this street nearest the mill are compounds used by vehicle companies. Throstle Street – Beech and Queen Street: The West side of the mill complex is abounded by these narrow side streets containing residential properties where only on street parking exists. Throstle Street runs from Bankhouse Road on the North side turning into Beech Street and connecting to Leeds Road to the South, with Queen Street immediately between them next to the mill. Exit from Beech Street onto Leeds Road is not possible due to it being closed by means of bollards and a footpath a number of years ago. On entering the mill complex from the main entrance on Leeds Road there is an access road to the main buildings. At the top end nearest to Leeds Road there are parking areas to the right and left. The access road then runs downhill to the main buildings and into another car parking and unloading bay area. The main buildings surround the access road to the right, centre and left at the end of it. Furnico have leased the building to the right of the access road and a small portion of the central building where they have access and use of loading and unloading bays. They have a staff and loading / unloading entrance to the right of the access road to use. The central part of the building is owned by Dale Techniche Ltd who manufacture leather clothing. The left hand building is divided into Units occupied by small companies. None of the businesses on site retail to the public. The parking areas within the mill complex are not owned or leased by Furnico and therefore have no car parking rights or facilities, thus their employees have no means of parking vehicles and no customer parking exists either. The whole car parking area within the mill grounds is limited to the employees of Dale Techniche and the ones employed in the units. Furnico Operations: Furnico having leased part of the mill building, import some suites from countries like South Africa and assemble them for onward distribution to the trade. They also have delivered on site pre made up wooden suite frames, which are then covered and finished and then distributed to the trade. They have storage and distribution areas and loading and unloading facilities. On the North elevation side they are using a large area where in excess of 100 x 3 piece suites are sited individually priced marked for sale to the general public. These suites are returns from the trade. The public access to this area can be gained from the Bankhouse Road entrance, or by means of entering through the loading bay area on the Leeds Road side.

At this time Furnico are opening to the public at weekends between the following times : Saturday 10am – 5pm and Sundays 11am – 4pm. Following the complaint being lodged the proprietor of Furnico has been spoken to and informed of it. He states that he opened the doors to the public having submitted an application to the local planning authority for Change of Use to sell to the public from the site. On opening and following media coverage the public response was large and on the first weekend resulted in a lot of members of the public attending to view and purchase goods on sale. This generated parking problems on Bankhouse Road. The proprietor informed me that he was negotiating parking facilities for 14 places on the car park at the Leeds Road end and this would improve things. Subsequent monitoring of the site by the Planning Enforcement Officer took place over two weekends, 23/24th November 2002 and 30thNovember and 1st December, 2002. The officer noted that the company had placed a sign at ground level outside the Bankhouse Road entrance requesting that the public use the Leeds Road car park site. At the time of the visits the enforcement officer saw no parking or traffic flow problems at the site albeit there is potential for it in the event that a large influx of members of the public were to attend the site at any given time during trading hours. During the visits it was noted that there were only a small number of persons attending the showroom premises. Recommendation: In the event of refusal of planning permission the Secretary & Solicitor be instructed and authorised to take all necessary steps to cause the cessation of retail trading to the public by Furnico from Throstle Nest Mill, Nelson in the interests of highway safety as the parking arrangements are inadequate to cope with a potential high influx of consumer visitations on restricted and narrow residential streets surrounding the site.

BEN/02/0164 Use as Taxi Base at 29A Hibson Road, Nelson In December 2002, a complaint was received by the Local Planning Authority to the effect that the premises 29a Hibson Road, Nelson, was being used as an unauthorised taxi base. The planning enforcement officer was assigned to investigate this complaint and duly visited the site in question on the morning of 10th December, 2002. The building in question is a small building which is set back from the highway with Hibson Road and is on a bad bend with an uphill gradient. The property itself has a large aerial mast on its roof and curtains continually closed over its front windows, making it look unsightly externally, presenting the appearance of an unused building. Residential properties exist opposite the building and lower down Hibson Road houses are occupied by elderly residents. A bus stop exists on the opposite side of the road lower down Hibson Road outside the elderly residents housing. The highway is governed by double yellow line parking restrictions on either side of the carriageway and there are no facilities for off street parking in the vicinity. On two previous occasions planning permission has been sought to use this property as a taxi base in 1985 and 1994. On both occasions planning permission has been refused due to highway safety reasons, inadequate parking and turning facilities and the effect on the amenity to residents by such use. However in 1998 planning permission was granted for the building to be used as a booking office for a Courier service ( Chilled Goods ) for 12 months which expired in May 1999, which was never implemented and never sought to be renewed. A further visit was carried out at the site on the 11th December, 02 and on this occasion it was noted that three taxis belonging to Gemms & Whiteline Taxis were parked on Hibson Road facing downhill towards Nelson Town Centre. During the visit a taxi driver came out of 29a Hibson Road accompanied by two other persons who entered a taxi and drove off. An internal inspection of the building was carried out and within there were two males, one of whom explained that he was the driver of one of the taxis parked on Hibson Road. The building use within was confined to one room where there was a lit calor gas fire, a portable TV in use, 2 armchairs, one settee, a radio base unit and telephone on a desk. During the course of the enforcement officers duties thereafter further visits were carried out both in the daytime and early evenings and noted that taxis belonging to Gemms & Whiteline are still parking near to the premises and the building lit up. The proprietor of Gemms & Whiteline Taxis was spoken to by a planning officer at Nelson Town Hall the day after the last Nelson Area Committee. He explained that due a recent explosion at premises where his company has planning permission to operate from they had moved operations to 29a Hibson Road, Nelson on a temporary basis for about 6 weeks until the damaged premises were restored. Recommendation: That the Secretary & Solicitor be instructed and authorised to take all steps to cease 29a Hibson Road, Nelson being used as a taxi base due to breach of Policy D4

inadequate parking facilities and highway safety and in the interests of residents amenity.