DCS Ref: 100-066-116 Hearing Year of Decision: 2010 Inspector: J GREGORY
County: CAMBRIDGESHIRE Summary of Decision: ALLOWED
Description:
Betting Office (A2) from part of ground floor of vacant doctor's surgery outside of but close to defined local shopping centre. Sequential test satisfied due to lack of alternative premises and proximity to local centre. Abstract:
A claim by an appellant that national guidance in PPS4 dealing with economic development did not apply to professional and financial uses such as a betting shop was rejected by an inspector who held that it did.
The scheme involved the change of use of a vacant doctor's surgery and the property lay outside any district or local centre. The appellant claimed that Class A2 uses did not comprise a main town centre use and therefore PPS4 policies relating to the sequential approach and impact did not apply. The council disagreed, claiming that the use should be located within an existing centre.
The inspector noted that Class A2 encompassed any use which was appropriate to provide in a shopping area. Circular 03/2005, relating to the change of use of buildings, stated that A2 uses were very much part of the established shopping scene. Accordingly, national guidance in PPS4 regarding the sequential approach to site selection did apply. Notwithstanding this conclusion the inspector noted that at 123m2 the development would be small in scale and would be sited opposite a public house, a pharmacy and another bookmaker's office. In her opinion, the appeal proposal would provide an additional local facility which was within walking distance of two local centres. PPS4 encouraged the re-use of vacant buildings and the scheme would generate employment opportunities, she held. In allowing the appeal she imposed a condition preventing the change of use to retailing.
COMPASS Index Terms | Issue Codes | | 010 | | Sequential test succeeds | | |
| Development Codes | | 102 | | Betting offices. | | |
| Proposal Codes | | 930 | | D1 - Non residential institutions; education, religious, medical clinics, libraries, museums, galleries etc - Change of use | | |
| Site Codes | | 08 | | Residential suburban - Post August 06 cases | | |
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