“Part 3 Class M of the GPDO – Appeal Decisions” – 1 additional appeal decision (total = 106) …

The Part 3 Class M of the GPDO - Appeal Decisions document has been updated to include 1 additional appeal decision relating to retail-(etc)-to-residential conversions, for which the conclusions are as follows:

December 2018 - Code P3CM-106 (appeal allowed):

  • This appeal decision was assessed against the issues specified by paragraph M.2 as follows:
    - “transport and highways impacts” = acceptable (minimal assessment).
    - “contamination risks” = acceptable (minimal assessment).
    - “flooding risks” = acceptable (minimal assessment).
    - “impact of the change of use” = acceptable (detailed assessment).
    - “design or external appearance” = acceptable (minimal assessment).
  • This appeal decision provides an example of where the Inspector, when considering issue M.2(1)(d), assessed the impact of the change of use on adequate provision of services (albeit only where there is a reasonable prospect of the building being used to provide such services) and concluded that this would be acceptable.
    [Quote: “The Council acknowledges that the shop has been vacant for some time. There is no evidence that the premises do not have a reasonable prospect of being used to provide services under Use Class A1 or A2. However, the appellant’s survey shows that there are numerous vacant shops in the area, in which circumstances the loss of this unit would not have an adverse impact on the adequate provision of services in the local centre. I can see no conflict from this proposal and paragraph M.2(1)(d)(i) of the Order.”].
  • This appeal decision provides an example of where the Inspector, when considering issue M.2(1)(d), assessed the impact of the change of use on the sustainability of a key shopping area and concluded that this would be acceptable.
    [Quote: “The Council considers that the local centre should be considered as a key shopping area, as described in paragraph M.2(1)(d) (ii) of the Order. A key shopping area is not defined in the Order. However, on this side of [the highway], the site stands between a church to one side and what appears as 2 plots converted from Class A1 to Class C3 to the other. While there is a busy electrical retailer on the corner of the street across [the highway], it is a unique A1 use in a long run of non-A1 uses including purpose-built flats, a nursing home, a restaurant, a pub, and a petrol station. The already limited retail character of this section would reduce the effect of the loss of this unit. Therefore, even considered against the requirements of paragraph (ii) of the Order, the physical circumstances around the appeal site are such that its change to Class C3 would not cumulatively undermine the sustainability of the local centre.”].
  • This appeal decision provides an example of where the Inspector, when granting prior approval, decided that a particular condition (or s106 agreement) should not be imposed.
    [Note: Condition relating to details of window].

Notes:

  • To view the conclusions, full summaries, and decision notices for any of the above appeals, please view the Part 3 Class M of the GPDO - Appeal Decisions document. As a member of the Planning Jungle website, you can view the decision notices for all of the appeals within the above document for no extra cost.
  • Any of the above conclusions marked with a "(*)" contradict other appeal decisions. The "Reference Section" within the above document indicates how many appeals have supported and contradicted each particular conclusion.
  • The above document also includes 3 "Potential fallback position" appeals, which are NOT summarised (only listed).