COMMITTEE DATE: 22/07/2013

Application Reference: / 13/0330
WARD: / Bloomfield
DATE REGISTERED: / 31/05/13
LOCAL PLAN ALLOCATION: / Resort Neighbourhood
Defined Inner Area
APPLICATION TYPE: / Full Planning Permission
APPLICANT: / Mr LPiercy
PROPOSAL: / Use of premises as student accommodation for up to six students.
LOCATION: / 53 PALATINE ROAD, BLACKPOOL, FY1 4BX

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Summary of Recommendation: / Refuse

CASE OFFICER

Miss. S. Parker

SITE DESCRIPTION

The application property is situated mid-way along a terrace of properties on the southern side of Palatine Road to the west of Park Road. This area falls within a Resort Neighbourhood as defined by the Blackpool Local Plan and has been identified as meriting ongoing protection by the more recently adopted Holiday Accommodation Supplementary Planning Document (SPD). The property is adjoined by student accommodation to the east and a hotel to the west, which appears to be vacant. Although the lawful use of the majority of premises at this end of Palatine Road is for holiday accommodation, it is clear that some properties are vacant and it is also suggested that some appear to be struggling to trade. Nevertheless, only nine authorised permanent residential uses exist within the SPD defined South Town Centre Main Holiday Accommodation Area(which includes Palatine Road). This zone includes fifty-seven properties stretching over nos. 8-30 and 40-82 Palatine Road on the northern side of the road and nos. 25-53 and 63-77 Palatine Road on the southern side.

The application property was originally built to be two-storeys in height and would have had accommodation in the roof-space served by a front dormer. However, a roof-lift has been added at some point to effectively make the property three-storeys in height. There is a small enclosed garden to the front and a small, rectangular yard to the rear. Originally the property would have had an outrigger with a corridor of outdoor space separating it from the boundary with no. 51 Palatine Road, but this has been in-filled at some point at ground floor level. The property offers no off-street parking and there is no potential to create off-street parking provision. Internally the property is laid out as an eight-bed guest house with owner's accommodation at ground floor level and a basement store which is accessed externally. At present there are five bedrooms on the first floor with a communal bathroom and communal WC, and a further three bedrooms with a communal shower and communal WC on the second floor.

The Committee will have visited the site on 22nd July 2013.

BACKGROUND

The applicant has been in contact with the Council with regard to the potential to change the use of the property for a number of years. The planning history for the site is as follows:

89/1779Permission granted for the erection of a ground floor rear extension.

08/0893Pre-application advice sought regarding the conversion of the hotel to holiday flats.

10/0391Pre-application advice sought regarding the conversion of the hotel into permanent residential use.

11/1029Planning application for the use of the premises as student accommodation which was subsequently withdrawn.

12/0338Planning permission refused for the use of the premises as student accommodation for up to six students.

An appeal was submitted to the Planning Inspectorate against the Council's refusal of planning application ref. 12/0338.This appeal was dismissed and the details were subsequently reported to Committee. The Inspector considered the property to offer a satisfactory standard of accommodation for students but acknowledged the designation of the area for holiday accommodation uses. In the absence of any evidence relating to the viability of the guest-house use, the Inspector judged that the change of use would compromise the character of the Holiday Accommodation Area and identified no over-riding reason to depart from planning policy.

DETAILS OF PROPOSAL

The application seeks planning permission for the use of the premises as student accommodation for up to six students. The ground floor would offer a student lounge, dining room and kitchen with an on-site office to the rear. The first floor would offer two en-suite bedrooms and a third non-en-suite bedroom, a WC and two quiet study rooms. A further en-suite bedroom would be provided on the second floor with another two non-en-suite bedrooms, a WC and a communal shower room. The basement would be made available as storage space.

MAIN PLANNING ISSUES

The main planning issues are considered to be:

  • the principle of the change of use;
  • the adequacy of the accommodation proposed;
  • the extent to which other material considerations apply.

These issues will be discussed in the assessment section of this report.

CONSULTATIONS

Head of Transportation - no response received to date. Any comments that are received will be reported through the update note.

Head of Housing and Environmental Protection Service - no response received to date. Any comments that are received will be reported through the update note.

Commercial Waste - no response received to date. Any comments that are received will be reported through the update note.

Housing Enforcement - the layout appears to be satisfactory for six students. A mandatory licence would be required.

Contaminated Land Officer - no response received to date. Any comments that are received will be reported through the update note.

PUBLICITY AND REPRESENTATIONS

Site notice posted 12 June 2013

Neighbours notified 05 June 2013

No representations received to date.

The applicant has submitted five completed questionnaires from local hoteliers which confirm that their businesses are struggling to trade and that they would be interested in changing the use of their premises in the future. Two of these are anonymous, the others come from nos. 45, 47 and 71 Palatine Road, all of which are within the protected holiday accommodation area.

NATIONAL PLANNING POLICY AND GUIDANCE

The Framework places heavy emphasis on sustainable development and the need for the planning system to be proactive in driving economic growth. There is a presumption in favour of development where there are no over-riding material considerations. Emphasis is placed on the need for planning to be genuinely plan-led and focused on local need. The Framework makes it clear that all developments should provide a good standard of amenity for existing and future occupants. Paragraph 21 of the Framework requires Local Planning Authorities to set out a clear economic vision and strategy for their area which positively and proactively encourages sustainable economic growth. Section 6 of the Framework relates to the delivery of a wide choice of high quality homes. It is acknowledged that proposals for housing development should be looked upon favourably if a Local Planning Authority is unable to demonstrate a five year supply of housing land.

SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016

Policy RR8 identifies six Resort Neighbourhoods and states that development proposals will be assessed on the basis of their impact on the neighbourhood as a visitor destination.

Policy RR9 sets out the criteria which must be met in order for a property to be converted from holiday accommodation to permanent residential use.

Policy HN3 sets out how the Council will phase the delivery of housing across the borough in order to meet housing need.

Policy HN4 states that housing development will be permitted on vacant, derelict or under-used, previously developed sites within the urban area, except where the land is safeguarded for another use.

Policy HN5 relates to sub-division and conversion proposals and requires schemes to meet the Council’s minimum adopted standards and include proposals for the establishment of appropriate residential character.

Policy BH3 states that developments will not be permitted which would adversely affect the amenity of those occupying residential and visitor accommodation.

Policy AS1 requires new development to meet the access, travel and safety needs of all affected and gives particular mention to pedestrian, cycle and disabled access. Safe access to the road network for all transport modes requiring access is stipulated and appropriate levels of car, cycle and motorcycle parking are required.

SUPPLEMENTARY PLANNING POLICY

The Holiday Accommodation Supplementary Planning Document was subject to two rounds of statutory public consultation between 24thMay and 5thJuly 2010, and 8th November and 6thDecember 2010. During the first round of consultation leaflets were hand delivered to properties across the defined Resort Neighbourhoods, exhibitions were held within the proposed holiday areas and Council officers attended the relevant area forum meetings. The responses received from both rounds of consultation were considered in the formulation of the document which was adopted on 23rdMarch 2011. The SPD defines the areas to be safeguarded for holiday use under the emerging Core Strategy. These areas already benefit from protection under Policy RR8 of the adopted Local Plan but are much reduced in area from those shown on the existing Proposals Map to the Local Plan. Each area has been selected with regard to the strategic need to reduce the overall quantum of holiday accommodation in Blackpool, balanced with the need to ensure that areas of viable holiday accommodation which are best placed in relation to the Town Centre, Promenade and Resort Core remain protected. This approach was based on the findings of the 2009 Fylde Coast Visitor Accommodation Study. In identifying the properties that should be included within the protected areas, particular reference has been made to neighbourhood and property characteristics, levels of quality and accreditation, and Council monitoring data, including that collected during the Monitoring and Intervention in the Private Sector exercise which commenced in June 2008.

The Student Accommodation Advice Note was published in February 2007 following consultation with Blackpool and FyldeCollege, local planning agents and Council officers. The document provides advice on the provision of student accommodation including suitable locations, suitable properties, floorspace and layout standards and management requirements. Essentially the document requires student accommodation to be provided within 800 metres of the Central Blackpool Campus on Palatine Road, and in properties where the principle of permanent residential accommodation would be acceptable.

EMERGING PLANNING POLICY

Following the changes to national planning policy, the announcement regarding the proposed revocation of the North West Regional Spatial Strategy, newly released population data, and the representations made on the consultation draft, the Council's Core Strategy Preferred Option (April 2010) has been reviewed. A reworked version of this document, renamed the Blackpool Local Plan: Part 1 - Core Strategy: Revised Preferred Option was published for consultation for six weeks up until 21st July 2012. The representations received in response to this consultation exercise are now being considered.

Notwithstanding the Core Strategy's stage of preparation, emerging Policy CS24 relates to off-Promenade Holiday Accommodation in Blackpool and identifies areas where holiday accommodation will be protected. These proposed Main Holiday Accommodation Areas are much reduced from the Resort Neighbourhoods identified under Policy RR8 of the adopted Blackpool Local Plan and reflect the changing nature of Blackpool's tourism economy and the need to reduce the quantum whilst improving the quality of holiday accommodation within the town. The emerging Policy parallels the guidance set out in the Holiday Accommodation SPD.

ASSESSMENT

Principle of Conversion

The application property falls within a Resort Neighbourhood as identified on the Proposals Map to the Blackpool Local Plan and within a Main Holiday Accommodation Area as defined by the Holiday Accommodation SPD. This latter document was developed on the basis of the findings of the 2009 Fylde Coast Visitor Accommodation Study which confirmed that Blackpool offered more bed-spaces than could be realistically supported with a mix of accommodation that no longer met modern visitor expectations. In response, the Council re-assessed the Resort Neighbourhoods and identified much smaller areas where holiday accommodation remains the dominant use and appears to be still trading successfully. The Holiday Accommodation SPD went through two rounds of public consultation in 2010 before being published in 2011.

Whereas Policy RR9 of the Local Plan permits change of use applications within Resort Neighbourhoods where a residential use exists on one or both sides of the application property and there is a significant to substantial concentration of such uses in the immediate vicinity, the SPD goes further and is more restrictive. This document states that "change from holiday accommodation will only be permitted in very exceptional circumstances where properties fundamentally differ in character and it would be without any detriment to the character of the holiday area, with an assessment required indicating that the building is not viable for future holiday use". The intention is that properties in the newer, smaller holiday accommodation areas warrant more blanket protection in order to better safeguard the remaining concentrations of successful businesses.

Although the application property is adjoined by student accommodation on one side, the lawful use of the majority of properties at the western end of Palatine Road is as holiday accommodation. As such, the criteria set out under Policy RR9 of the adopted Local Plan for change of use is not met. As previously stated, the Holiday Accommodation SPD is more restrictive and makes no allowance for conversions to residential use other than in very exceptional circumstances. It was on this basis, and in the absence of any substantive supporting information to demonstrate an exceptional circumstance, that the previous application (ref. 12/0338) was refused and that decision upheld at appeal.

The Committee will note that the requirement of the Holiday Accommodation SPD is made up of three parts. Firstly the building in question must be fundamentally different in character to others within the protected area; secondly, the change of use must not have a detrimental impact on the character of the area; and thirdly, an assessment of viability is required. These three issues will be dealt with in turn.

Character of the Application Property

The application property is a two-storey, mid-terraced property which has been extended at the rear and by a rooflift. It currently offers eight guest bedrooms and owners accommodation. No off-street parking is available. In these respects, the property is similar to many others at the western end of Palatine Road. As such, the property cannot be considered to be fundamentally different in character to others within the protected area.

Impact on the Character of the Area

It is considered that the change of use of the property from a guest house to student accommodation would dilute the existing concentration of holiday accommodation uses within the protected area. Depending upon the circumstances, as all applications must be determined on their own merits, it could also make it harder for the Council to resist similar proposals within the safeguarded zone. In isolation and cumulatively therefore, the loss of the hotel use would have a detrimental impact on the character and function of the protected holiday accommodation area.

Viability

The applicant has sought to demonstrate that the property has no viable future in holiday accommodation use. Profit and loss accounts from 2009, 2010, 2011 and 2012 have been submitted. These show operating losses of £9,955, £8,481, £5,495 and £7,050 respectively. It is noted that over £2,000 was spent on repairs and maintenance in 2010. Other operating costs appear to be reasonable. The annual depreciation on intangible assets has been recorded as between £2-£3,000. These figures clearly show that the business has struggled to a significant extent over the last four years. The applicant previously ran a guesthouse on York Street on a leasehold basis and raised sufficient funds from that business to purchase the application property. As such, it can be assumed that the applicant has the experience and capability to run a guesthouse successfully.

The applicant has also pointed out the following:

  • the lack of off-street parking facilities deters visitors;
  • the derelict/vacant appearance of some properties on the street deters visitors;
  • the guest-house is visually lost amid permanent residential or vacant properties;
  • repeat visitors have been lost because of the condition of properties on the street and because guests have witnessed or experienced anti-social behaviour;
  • internet booking sites such as booking.com, laterooms.com and expedia.com will not use/list smaller properties;
  • credit card companies will not provide a merchant account because the business takings are insufficient and because of poor credit ratings. As such the applicant cannot accept credit card payments.

On a more personal level, the applicant has had to resort to credit to maintain the standard of the property and has subsequently been forced to enter into an Individual Voluntary Arrangement (IVA). As such the premises licence for the sale of alcohol has been rescinded meaning that the guest-house cannot offer a bar. It is understood that the applicant has undertaken leaflet drops of 1000-1500 leaflets in the north east where he and his wife are from, and advertise in a local paper in that area. The guest-house is also reported to be listed on a number of websites: