DCS Ref: 100-066-472 Written reps Year of Decision: 2010 Inspector: J.D WALDRON
County: CLEVELAND Summary of Decision: DISMISSED
Description:
Unauthorised licensed sex shop from B2 car showroom/repair garage on corner of industrial estate. Harm to strategic policy of protecting vitality & viability of town and local shopping centres from location of retail uses outside of defined centres, despite evidence that a suitable site in these centres is difficult to find given nature of shop. Harm cannot be overcome by restricted condition. Abstract:
The change of use of employment premises on a business park on Teesside was subject to successful enforcement action with an inspector ruling that despite the goods sold, it should be located within an existing shopping area.
The appellants stated that the shop provided employment for five people and had been operating for more than four years. They stated that the appeal site was ideal because obtaining a licence for a sex shop was virtually impossible to obtain in traditional retail areas, given the nature of the business and a restriction preventing those aged less than 18 years old from entering. Enforcing this restriction in a town centre would be difficult, they claimed, and the appeal site offered a discreet location where customers could visit with some anonymity. They highlighted survey evidence which suggested that many customers would not visit premises in a high street or shopping parade.
The inspector noted these points and agreed that there were potential difficulties in obtaining a licence in traditional centres and to this extent the sequential approach to site selection had less relevance in the unusual circumstances of the case. However, this did not justify allowing the appeal which involved the change of use of employment premises. In his opinion, a suitable site which was not contrary to employment land policies could potentially be found.
COMPASS Index Terms | Issue Codes | | 991 | | Adverse impact | | |
| Development Codes | | 010 | | Shop/small group of shops (up to 4 units) | | |
| Appeal Codes | | 03 | | sec.174 enforcement notice - Appeal against | | |
| Proposal Codes | | 911 | | B2 - General industrial/manufacturing, waste processing, light industrial - Change of use | | |
| Site Codes | | 060 | | Industrial / commercial outer urban area only - Post August 06 cases | | |
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