_APPROVAL_ by taoyni


									PLANNING COMMITTEE DATE 04/05/2004

APPLIC REF NO           2004/263/ET                DATE RECEIVED             12/03/2004


               UNIT 1 CASTLE MOUNT PECKS HILL                                  MANSFIELD




The application is in respect of the change of use of Unit 1, a vacant industrial unit,
into a dance studio. The other two units within the block of properties known as Castle
Mount are in industrial use. Unit 1 was last used as a wood turning business.

The property is on a split level, with the main part of the property having a frontage
onto Pecks Hill, and the other two units gaining access from Stuart Street to the rear.
The unit has both a pedestrian access and vehicular access to Pecks Hill. The intention
however is to retain the pedestrian access and close the vehicular access which would
open onto the main dance studio.

The applicants have submitted a covering letter to accompany their application, the
relevant extracts of which are summarised below.

Days of business are Monday, Tuesday, Wednesday and Thursday, 4.00pm to 7.00pm
and Saturday’s 10.00am to 4.00pm. They propose that the classes would range from 3
to 15 pupils per session.

The applicants have indicated that the majority of pupils would come from the
surrounding area and schools, i.e. Brunts, Sherwood Hall and Windmill Ridge.

Many of the children would attend 3 sessions en block, and would walk, share cars or
be dropped off and picked up later. They have indicated that parking would primarily
be on street, i.e. on Pecks Hill, Shaw Street, Francis Street and Stuart Street. In
addition, they have indicated that they could utilise parking facilities at Kennelgate
Foods, St. Lawrence’s church Hall, and Sandy Lane Doctors surgery.

Lessons Taught are:- Ballet, Theatre Craft, Tap, Modern Jazz and Freestyle. Only one
class would be taught at a time with one teacher.

Classes are Barre exercises and floor exercises, followed by the teaching of a dance
routine, which is then performed to music. Music is only played for approximately 25
% of the time.

The applicants are of the opinion that as the rear of the studio backs up to rock, with
stone cladding to the front, there will not be any problems of noise disturbance.




1)       Head of Environmental Health.

No objections in principle to the above proposal.

However would have concerns that the additional numbers of people and vehicles in
this primarily residential area may cause noise and general disturbance for the

2)       Head of Leisure and Technical Services ( Highways)

No highway observations.

3)       Building Control Manager.

No objections. Would wish to be contacted regarding any internal alterations.

4)       Members of the Public.

A petition has been received signed by 37 local residents. The grounds of objection
cited on the petition relate to no off street parking being available, leading to
subsequent on street parking with associated disruption. Concerns are also expressed
about road safety issues and the possibility of noise, should the school open late at

Letters of objection have also been received from four residents of Pecks Hill. The
main grounds of objection are summarised below.

        No separate parking would be provided for customers, with resultant on street
         parking and congestion.
        On street parking would disrupt access/parking for local residents.
        Highway safety issues.
        Pecks Hill is already parked up with vehicles when services are held at the
         church. The development would only make the situation worse.
        Residents of Shaw street and Stuart Street would not be able to park close to
         their premises.
        The concentration of activities at certain times would result in road safety
         hazards for pupils of the dance school.
        Proposal will add to the number of non residential units on Pecks Hill and
         would result in loss of property values.

      There are more suitable locations elsewhere where business uses can be
      The premises the subject of the application suffer from problems of damp,
       water entering from above, vandalism, drains which can’t cope with heavy rain
       and sewerage seeping into the building.


The main issues for consideration relate to a) whether the development would result in
any loss of residential amenity to neighbours through general disturbance, activity and
noise, b) whether there would be any problems of highway safety and congestion, c)
whether or not the use would be more suitably located elsewhere, and d) whether the
internal conditions of the premises are acceptable.

The issue of the damp etc raised by the occupiers of one of the existing industrial units
is not a matter which is of direct relevance under planning legislation. It will be up to
the applicant to ensure that they have appropriate working conditions for the business
and the children attending the premises.

The use is to be located within an existing industrial unit on Pecks Hill, within a
building which currently accommodates a further 2 commercial/industrial operations.
The premises which comprise an old engineering works do not have any restriction
upon the hours of working. The proposal would not therefore result in an additional
non residential use being generated, but would make provision for an alternative use.
The property was previously used by a wood turning company, and as such the
general noise and activity which could be generated from the previous use could have
been greater than that which is currently proposed. The proposed use is relatively
small scale, being limited by the size of the building, and the number of children that
could be taught by one individual. I am of the opinion that the use of the premises
would, as a result, lead to a better relationship with the surrounding area than if the
previous activity was re-activated, particularly as the hours of operation could be

With respect to the highway implications of the development, the Highway authority
do not consider there to be any problems or issues that would give rise to any real areas
of concern. Parking is to be made available to the frontage of three nearby business
premises, a situation that would not have existed for the previous users. Also the
proposed activity would not require the delivery of any goods or materials to the
premises, enabling the second service door to be closed.

The hours of use of the premises would be limited, to 4.00pm to 7.00pm during the
week, and 10.00am to 4.00pm on Saturdays. With the limited hours and coupled with
the fact that the lessons would be taught in hourly blocks, with children often attending
consecutive lessons, this should lessen the amount of traffic visiting the site and
parking on surrounding roads. The property would only have one ‘studio’ where the
children could have their lessons, and therefore there would be a limit on the number
of children that could attend at any one time. It would be possible to impose a
condition restricting the number of children attending any lesson to the maximum that
the applicants have specified, i.e. 15, further limiting and controlling the likely level of
visiting traffic. The applicants have also indicated that they have come to an agreement

with other nearby landowners whereby they could utilise part of the parking provision
at other properties, i.e. Kennelgate Foods and St Lawrence’s church hall car park.

Street frontage parking is also available to the property which would apply to any user.
If other industrial uses occupied the premises, this would probably result in even
greater on street parking. The highways section have been consulted in respect of the
concerns of local residents regarding the highway and parking situation. They have
however confirmed that they do not consider that the proposal would result in any
highway concerns, and are of the opinion that as there is frontage parking, and that
residents opposite have their own off street parking facilities, adequate provision exists
without causing highway problems, particularly as the applicants have indicated that
they may be able to share other facilities. It is, however, acknowledged that this
additional provision would be limited and cannot be controlled by planning condition.

Taking into account the above and the absence of any objections raised by the highway
authority, I am of the opinion that the proposal is acceptable subject to conditions
controlling the scale of the use. The days, hours and number of students attending at
any one time can be restricted by condition and a condition can also be imposed
requiring soundproofing to the premises. In my view it is better to have a use which
can be controlled by conditions, than the possibility of an industrial use being
resurrected, with no control whatsoever. It is recommended therefore that planning
permission be granted subject to the following conditions.


(1) No lessons to pupils shall be undertaken on site other than between the hours of
10.00am to 7.00pm Monday to Friday and 10.00am to 4.00pm on Saturdays with no
working at the premises or lessons taught on Sundays or Bank Holidays.

Reason: To protect the amenities at present enjoyed by the occupiers of nearby
residential properties, in accordance with Policy E3 of the adopted Mansfield District
Local Plan.

(2) No more than 15 pupils shall be taught at the premises at any one time in
accordance with the applicants letter received by the Local Planning Authority on 12
March 2004.

Reason: To protect the amenities at present enjoyed by the occupiers of nearby
residential properties, in accordance with Policy E3 of the adopted Mansfield District
Local Plan.

(3) Prior to implementation of the permission hereby granted details of the levels of
noise to be generated on the site including details of the times during which noise
producing activities will occur and details of the means of insulation against the
transmission of noise and vibration from the site shall be submitted to and approved in
writing by the Local Planning Authority. Operations on the site shall thereafter be
carried out in accordance with the approved details.

Reason: In the interests of the reasonable residential amenity of adjoining occupiers,
in accordance with policy E3 of the adopted Mansfield District Local Plan.

(4) Notwithstanding the provisions of the Town and Country Planning (Use Classes)
Order 1987, the premises shall not be used for any other purpose than as a dance
school as described in the submitted application.

Reason: In order to ensure that any future uses are appropriate in scale and to prevent
loss of amenity to nearby residents through increased on street parking or noise and

(1) Note to Applicant
This permission/consent shall be read in conjunction with the submitted application
and the additional submission(s) received by the Local Planning Authority from the
applicant on 21 April 2004.

(2) Note to Applicant
The applicants are requested to display signage at the premises encouraging
parents/customers to utilise the alternative off street parking provisions detailed in the
applicants correspondence referred to in Note to Applicant No. 2.

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