Agenda item

Ward: Horsham Park   Applicant: Mrs Sam Stocker

The Head of Development reported that this application sought permission for the removal of Condition 6 to permission DC/07/0272, which granted change of use from retail warehouse to fitness centre.  Permission 6 restricted use of a back room along with a number of other operational restrictions on the building in the interests of the amenities of the locality. At some point before the current lease holders took over in 2016 internal partition walls had been removed and the ‘back room’ was now used as part of the wider gym area.  The application sought to regularise the current layout.

The application site was located within the built-up area of Horsham on the northern side of Gladstone Road, and was a small narrow building between residential properties. 

Details of relevant government and council policies and relevant planning history, as contained within the report, were noted by the Committee. The consultation response from the Council’s Environmental Health Team was considered by the Committee.

The Head of Development reported that an unoccupied residential annex attached to the rear of the building was currently undergoing refurbishment.  It was also reported that the condition to be removed referenced an email which contained a number of other matters technically restricted by its wording, namely:

“ 1.  Curves is a ladies only facility - members being mainly 30 years - 75 years

2. The machinery that we use is hydraulic and does not generate any noise

3. Music is used in the background only as we coach on a one to one basis and it would not be possible to effectively communicate with our members if the music were too loud - also our members would complain if music is too loud.

4.  The rear of the building will be used for our weight loss programme and for a changing area - note we do not have showers or any other equipment in the area.

5. We do not run classes in our club

6. I am unaware of the use of the adjoining building ( I am not sure if this has residential or commercial status)

7. We would be keen to put in a bike rack as recommended by highways dept for both our staff and members to use.

8. Our opening hours in would not exceed 8.00 am to 8.00 pm monday to friday and 9.00am to midday Saturday.”

The Head of Development advised that officers did not consider points 1 and 5 to be reasonable restrictions in planning terms, that the amenity impact of points 2 to 5 could be managed by way of the suggested replacement condition, and that points 6 to 8 were covered by other conditions.

Denne Neighbourhood Council objected to the proposal. Fifteen letters of objection and four letters of support had been received.  Two members of the public spoke in objection to the application, and a representative of the applicant addressed the committee in support of the proposal.

Members considered the officer’s planning assessment and the impact of the operation of the gym on neighbouring amenity.  Members noted the measures that had been implemented, following statutory nuisance monitoring, and the Noise Management Plan proposed under Condition 2. Members discussed the need for reports of persistent noise and vibration to be adequately addressed and concluded that the Noise Management Plan should be completed and scrutinized prior to the granting of permission. 

It was noted that once a Noise Management Plan was in operation, enforcement action could be taken if the applicant was in breach of the Plan.

RESOLVED

That planning application DC/17/2123 be determined by the Head of Development with a view to approval, subject to an acceptable Noise Management Plan being submitted, in consultation with Local Members.