Planning Statement Crossfit Burnley v2 0065 Planning... · PLANNING STATEMENT Ashley St Works,...
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Transcript of Planning Statement Crossfit Burnley v2 0065 Planning... · PLANNING STATEMENT Ashley St Works,...
PLANNING STATEMENT
Ashley St Works, Cavour St (off Holme Road), Burnley, BB12 0BJ
Change of Use from Class B1 and B8 to Class D2 (Crossfit Gym)
Pendle Enterprise Haven,
138 Every Street,
Nelson,
Lancashire,
BB9 7EX
September 2013
Pendle Enterprise Haven,
138 Every Street,
Nelson,
Lancashire,
BB9 7EX
February 2014
1
1.0 Introduction
1.1 This Planning Statement supports an application that seeks to
change the use of a unit, which has planning permission for
Use Classes B1 and B8 to a Crossfit Gym (Class D2).
1.2 The proposal seeks to provide a specialist fitness class based
gym which is currently not available in the local area and
which demands a certain type of accommodation, namely large
floor to ceiling height and an open clear internal space.
1.3 This statement seeks to show that the proposal will not result
in the unjustified loss of employment space and that no
sequentially preferable sites are available having regard to the
particular requirements of the proposed use. It will also set out
how no other harm is envisaged in terms of highway safety
and residential amenity, and the significant benefits the
proposal will bring in terms of employment and health
benefits.
2
2.0 Application Site and History
2.1 The application site is located off Holme Road, just off
Junction 11 of the M65. The unit is the latest addition to a
collection of traditional industrial units now used for a range
of purposes including: a furniture manufacturer and showroom
(Use Class B2/A1); a pet supplies store (Use Class A1); a wheel
balancing service (Use Class B1(c) / B2 ~ currently closed); an
engineering / industrial distributors (Use Class B8); a steel
fabricators (Use Class B2) and a garden centre (Use Class A1).
2.2 The application building is detached, two storey, and of
modern construction consisting of a stone plinth and red brick
above with a grey clad roof. Planning permission was granted
in 2006 (LPA Ref No. APP/2006/0749) and construction took
place gradually over the last few years. Since its substantial
completion in 2012, the building has remained vacant. The
unit has a floorspace of circa 170 sqm.
Figure 1: Application Site
3
2.3 Dedicated car parking is provided in a parking area off Holme
Road and to the front and side of the building, there is ample
shard parking as well on-street provision along Holme Road.
2.4 There is one planning application of relevance to the site (LPA
Ref No. APP/2006/0749) which is the consent for the building
subject to this application. Permission was granted for the
erection for a new workshop and offices. As previously
mentioned, the building has not been occupied since its
construction and therefore has not been utilised for any of
these purposes.
4
3.0 Proposed Development
3.1 The proposed development seeks to change the use of the
vacant building from a workshop and offices to a gym based on
the 'Crossfit' fitness regime.
3.2 Whereas a traditional gym is open for use throughout the day
and users can drop in and exercise on their own accord, the
Crossfit model is based around a series of classes with
typically 12 to 16 people and 1-2 trainers. Given the size of the
site, this is effectively the maximum number than can be
accommodated in a class. The classes have a usual duration of
1 hour and are based upon high intensity movements.
3.3 The nature of the classes requires a large unimpeded space
(free from pillars or other obstructions) and a minimum size of
around 170sqm to accommodate the above numbers. In
addition to the floorspace requirements, a central part of the
Crossfit Gym is a pull up rig, gymnastic ring and a rope climb
which require a internal height clearance of circa 3.5 metres.
Figure 2: Typical Crossfit Gym - Open Space and High Head Clearance
5
3.4 As illustrated by the previous image, the layout of the gym is
different to that of a traditional mainstream gym - there are
few heavy machines and weights and instead, a large open
plan area is essential to undertake class-based activities.
3.5 The hours of use are generally early in the morning and in the
evening to cater for people before and after work. This use
proposes to open from 6am-11am and 4.30-8.30pm during
weekdays and 9am-12pm/10am-12pm on Saturdays and
Sundays.
3.6 The nearest Crossfit Gyms are in Clitheroe, Skipton and North
Manchester and there is strong demand in the local area for
an alternative fitness regime to the traditional gym, which is
what this proposal looks to provide.
3.7 The development benefits from dedicated and shared parking
on-site and there is ample space to park on Holme Road.
6
4.0 Policy Context
4.1 Burnley Local Plan (2006) comprises the Development Plan for
the area, all the policies within which are saved. Preparation
of an Emerging Local Plan is underway which will eventually
replace the Burnley Local Plan (2006) however it is currently
at the early Issues and Options stage and resultantly has
nominal weight in the decision making process. The National
Planning Policy Framework set out the Government’s national
policies on different aspects of land use planning in England.
This section sets out the main policies of relevance as well as
the thrust of national policy.
Burnley Local Plan (2006)
4.2 The Local Plan forms the main part of the Development Plan
and the following saved policies are considered to be of
particular relevance.
• Policy EW1 allocates this site for B1, B2 and B8 uses.
The Princess Way corridor and the railway viaduct are
noted as forming significant gateways into the Borough.
The Council will seek to enhance the environment along
Princess Way.
• Policy W7: ‘Redevelopment Of Existing Employment
Land And Premises For Non-Employment Uses’ states
that outside the town centres, major industrial estates
and Economic Improvement Areas proposals to
redevelop existing employment sites for other uses will
be permitted when the applicant can demonstrate that:
7
- the continued use of the site for the current
employment use would cause unacceptable harm to
the character and amenity of the surrounding area;
or
- the site is no longer suited in land use terms for
continued employment use by reason of poor
vehicular access, incompatibility with surrounding
land uses, or poor access to public transport routes.
• Policy EW3 relates to proposals for new and expanded
leisure, tourist, arts and cultural facilities. The policy is
permissive of such uses outside of Burnley and Padiham
town centres where a set of criteria is met. The criteria
relates to the following areas:
- it is of a scale, character, design and appearance
compatible with its surroundings;
- it does not harm the residential amenity of local
residents;
- it would not create an unacceptable concentration
of one use class;
- it is accessible, or potentially accessible, by a
choice of means of transport;
- the road network, with any suitable improvements
proposed, is capable of accommodating predicted
traffic levels; and
- includes, where appropriate, training and
recruitment provision as required by Policy EW10
– ‘Development and Training Provision’ of the
Burnley Local Plan.
8
National Planning Policy Framework
4.3 The National Planning Policy Framework (NPPF) is a
statement of government policy in relation to planning matters
nationally. Council’s development Plans must accord with the
general principles detailed in the NPPF and it is a material
consideration in the determination of all planning
applications. It was introduced in March 2012 and replaced a
significant number of planning guidance notes and policies.
4.4 The NPPF seeks to ensure sustainability, together with the
impact on finite resources and the effects of global warming,
are fully taken into account in all future development
decisions. In particular it requires that there is a presumption
in favour of sustainable development where the proposal
accords with up to date local plan policies and states at
paragraph 19 that the Government is committed to ensuring
that the planning system does everything it can to support
sustainable economic growth. It is clear from these guiding
principles that Development Management is no longer simply
about scrutiny but instead should be a creative exercise in
making it easier to create jobs and finding ways to enhance the
places people live and work. Local Authorities are required to
work with developers to achieve the positive aspects identified
above.
4.5 It is considered that the following policies within the NPPF
are of particular relevance to the current submission:
� Section 1 – ‘Building a Strong Competitive Economy’
confirms the government’s commitment to ensuring the
planning system does everything it can to support
9
sustainable economic growth. To achieve this local
authorities should plan proactively to meet the
development needs of business and ensure they are not
overburdened with the combined requirements of
planning policy expectations. It also states that there is
a need to avoid the long term protection of employment
sites where there is no realistic prospect of the site being
used for that purpose. Applications for alternative uses
of land or buildings should be treated on their merits
having regard to market signals and the relative need
for different land uses to support sustainable local
communities,
� Section 4 – ‘Promoting Sustainable Transport’ requires
that Local Authorities should support patterns of
development that facilitate the use of sustainable modes
of development.
� Section 6 – ‘Promoting Healthy Communities’ recognises
that the planning system can play an important role in
facilitating social interaction and creating healthy
inclusive communities. In particular planning policies
and decisions "should plan positively for the provision of
shared space, community facilities, meeting places, sports
venues, cultural facilities, places of worship and other
local services to enhance the sustainability of
communities……".
10
5.0 Planning Issues
5.1 Section 36 (8) of the Planning and Compulsory Purchase Act
2004 requires that planning applications are determined in
accordance with the Development Plan unless material
considerations indicate otherwise. The policies of the
Development Plan have already been set out earlier in the
Statement and are appraised in this section.
5.2 The main issues relates to the principal of development - the
acceptability of locating the proposed fitness gym at the
application site. This remaining section focuses on this issue
as well as giving due consideration to matters relating
residential amenity and highway safety.
Principle of the Development
Compliance with Local Plan Policy EW1/5 and EW7
5.3 The application site lies within allocation EW1/5
‘Stoneyholme’, which identifies B1, B2 and B8 uses. Policy
EW7 does however allow for other uses where it can be
demonstrated that the continued use of the site for the current
employment use would not cause unacceptable harm to the
character and amenity of the surrounding area; or the site is
no longer suited in land use terms for continued employment
use by reason of poor vehicular access, incompatibility with
surrounding land uses, or poor access to public transport
routes.
11
5.4 In relation to Local Plan Policy EW7 the premises, which were
substantially completed in 2012, have lain vacant and have
not been used for their intended purpose of uses B1 or B2. The
premises currently makes no positive contribution to Burnley’s
economy nor does the vacant building assist in improving the
appearance of this important site in close proximity to the
M65. It is important to note that the site, although forming
part of the wider allocation EW1/5, was prior to the
development an overgrown, underused space (see images
below) and was ancillary land associated with the other nearby
units - it did not separately, form part of the employment land
supply. This speculative development has remained vacant
and has not accommodated any employment. Given the wide
availability of premises in the current economic climate, it
would seem illogical to keep the building vacant whilst
carrying out an extensive marketing campaign in order to
further prove that there is no market demand for the B-
Class use at this site. Indeed, the NPPF looks to avoid the long
term protection of sites where there is no reasonable prospect
of a site being used for that purpose (paragraph 22).
Figure 3: Aerial View of Site Pre-Development
12
Figure 4: Overgrown / Informal Area of Site (Pre-Development)
Compliance with Local Plan Policy EW3
5.5 Policy EW3 relates to proposals for new leisure facilities such
as the proposed Crossfit gym. The policy is permissive of such
uses outside of Burnley and Padiham town centres where a set
of criteria is met.
5.6 In accordance with this policy the proposal comprises the re-
use of a vacant building, which has not been used for its
intended employment purpose. The scale at around 170sqm is
entirely compatible with the surrounding uses, which include
other facilities visited by members of the public such as a
kitchen showroom and garden centre. In terms of residential
amenity, there are no residential properties within close
proximity of the site therefore the change of use would not give
rise to any such problems. There are no other similar uses
within the immediate locality, indeed there are no other
leisure uses at EW1/5 ‘Stoneyholme’ and therefore it would not
13
create an unacceptable concentration of one use class. The
site is within an accessible location with excellent motorway
access from the M65 and is well served by public transport.
Burnley Central Station is 10 minutes away to the south on
foot and within 15 minutes of the main shopping area:
Figure 5: Walking Distance to Town Centre
5.7 The principle of the proposed D2 use is compliant with Local
Plan Policies EW3 and EW1/5 and EW7 as demonstrated
above.
NPPF and Sustainable Economic Growth
5.8 The NPPF goes on to state that alternative uses should be
treated on their merits having regard to market signals and
the relative need for different uses to support sustainable local
14
communities. This proposal represents an opportunity to bring
back into use the application premises for an alternative use
which would otherwise remain vacant on the basis of the
evidence currently available and remove the potential
consequential problems associated with empty buildings
including disrepair, vandalism and a reduction in the business
profile of the area.
5.9 The NPPF (paragraph's 18-22) recognises that employment
generating uses are not limited to B Class uses and places an
emphasis on generating sustainable economic growth and new
jobs and investment. In this respect, the proposal will create
up to 3 jobs. Indeed the building currently generates no
employment and has failed to do so in the two years that it has
been substantially complete.
5.10 At the same time, the proposed change of use will not affect
the ability of a new or relocating business to find suitable
premises. Even a cursory search on the Regenerate Pennine
Lancashire Land and Property Database online shows a wide
range of properties from small starter units through to large
new design and build opportunities available.
5.11 Whilst every development should be considered on its own
merits, it is our view, for reasons set out in this section that
the specific circumstances of this application including the
generation of jobs, the bringing back into use a vacant
premises and the contribution that will be made to growth in
the local economy all warrant the approval of this application.
15
Compliance with the NPPF Sequential Approach
5.12 Local Plan Policy EW3 does not set out a sequential approach
for leisure uses; rather a set of criteria must be met. The
proposal’s compliance with these criteria has been provided
earlier within this section. However, the NPPF is a material
consideration in the determination of applications which
requires main town centre uses, including health and fitness
centres, to be located in town centres and for a sequential
approach to be followed if not:
"Local planning authorities should apply a sequential
test to planning applications for main town centre uses
that are not in an existing centre and are not in
accordance with an up-to-date Local Plan. They should
require applications for main town centre uses to be
located in town centres, then in edge of centre locations
and only if suitable sites are not available should out of
centre sites be considered. When considering edge of
centre and out of centre proposals, preference should be
given to accessible sites that are well connected to the
town centre. Applicants and local planning authorities
should demonstrate flexibility on issues such as format
and scale."
[NPPF, Para 24]
5.13 The applicant considers the nature of the proposal cannot be
accommodated in a town centre location given its a
accommodation requirements - namely the large unimpeded
spaces for the class centred activities, the need for high
ceilings to accommodate gymnastic and climbing movements
and tasks and an overall size requirement for 150-200m2.
16
Both Burnley and Padiham Centres were considered and a
wide range of search tools were used included an internet
search on key websites including Rightmove and
Regenerate PL. Local agents were also consulted and a 'street
audit' undertaken by the applicant of the search area. The aim
of this audit was to reveal any sites that may be available but
were not been marketed locally or online.
5.14 The sequential search has revealed that there are no suitable
or available properties in the nearest town centre locations or
on the edge of those centres. Appendix 4 contains a range of
typical sites that were considered in sequentially preferable
locations. Although the list is not exhaustive as the applicant
considered many more sites, the sites on the market of the size
desired are, unsurprisingly, terraced properties or other office
like premises which do not have the required layout or head
clearance. New build sites and sites that may have been
suitable for demolition and rebuild were excluded for viability
reasons as they would be beyond the reach of the applicant
who is proposing a new business startup. Given the lack of
available premises in the town centre, the proposal
sequentially is considered to be acceptable off Holme Road. If
the nature of the use is considered (e.g. opening hours in the
early morning and evening), it would be unlikely to generate
linked trips anyway to other shops/services and in this respect,
there would be no unacceptable impact upon the centres from
locating the proposal in the location sought.
5.15 Although the availability of suitable premises is a particular
problem in former mill town centres, there is significant
supply side evidence that other Crossfit gyms across the
country have also experienced similar problems and are
currently located on industrial estates and business parks in
17
out of centre locations. In fact, research by the applicant
indicates that less than 5 out of the 278 or so Crossfit Gyms in
the UK are not located in former industrial unit type premises.
Appendix 5 provides the address details of around two dozen
centres in Lancashire and Yorkshire. It also contains a plan of
the Crossfit Gym in Clitheroe which illustrates a typical
location in relation to the town centre.
Summary
5.16 This section has demonstrated that application site is vacant
and has made no contribution towards employment provision
since its completion two years ago. The support for the
proposal by national policy has also been set out including
reference to preventing the long term protection of sites and it
is imperative for sustainable economic growth which this
development will deliver in terms of jobs and investment.
5.17 The site’s reuse for a Crossfit gym complies with relevant
Local Plan policies and whilst the Local Plan does not require
a sequential assessment to be undertaken, this has been
considered in light of the NPPF which is a material
consideration. There are not considered to be any sites which
are available or suitable within or on the edge of the nearest
centres. In any case, the nature of the use (health and fitness)
and the size of the proposal is not considered to have a
detrimental effect on the health of those centres.
18
Highway Safety
5.18 The Council's Local Plan Policy TM15 requires that sufficient
parking provision is made and various other policies support
the location of services and facilities in accessible places.
5.19 Part of the rationale for locating the proposal on this site was
because it is accessible to both vehicle travel along the M65
corridor but also because it was within a comfortable walking
distance (<10 minutes) from surrounding residential
properties and excellent railway links from Burnley Central
Station.
5.20 Applying the Council’s Parking Standards set out at Appendix
3 of the Local Plan, 7 spaces are required to serve the 170sqm
facility. The site has dedicated parking for 3-4 cars on a
concrete hardstanding area off Holme Road. It is also served
by a large area of hard standing shared by the units and there
is ample space on Holme Road itself. The shared car park and
on-street parking are heavily under-utilised given the nature
of the surrounding units and can easily cater for the maximum
demand generated by around 15 attendees of the proposal.
5.21 In any event, the proposal does not involve a traditional gym
but is based around a series of classes which will take place
early in the morning or later in the evening when many of
these businesses are not in operation. Ample on street parking
is also available at these times. Other matters such as cycle
parking can be controlled by condition.
19
5.22 The proposal is located in an accessible location, provides
sufficient parking and is therefore not considered to have an
adverse effect on highway safety and complies with Policy
TM15.
Other Matters
5.23 The site is sufficiently far away from any residential
properties not to cause any harm to the amenity of local
residents.
5.24 The proposed use will contribute strongly to the Council's and
Government's agenda to healthy communities and well being
by providing a local specialist fitness service that is not
available in the local area. This is a significant material
consideration in favour of the proposal and one that receives
strong support from section 8 of the NPPF.
20
6.0 Conclusion
6.1 This proposal seeks to bring back into use a vacant building
which has no realistic prospect of being used for its intended
purpose given that current state of the economy and it not
having been used for its intended employment purpose since
completion in 2012. Whilst the proposed Crossfit use does not
fall within B-Class employment, it will generate a number of
new jobs and bring investment and therefore as we have
shown, represents sustainable economic growth.
Notwithstanding this, Policy EW7 permits alternative uses
such as this where the criteria is met, which has been shown
in this statement. The proposal also complies in full with the
requirements of Policy EW3 in terms of leisure development.
6.2 The unique nature of the Crossfit Gym meets a number of
Council and Government objectives to promote health and
well-being through an alternative and proven form of exercise.
This could only be beneficial in Burnley where a recent
observation from Public Health England concluded that the
health of people in the town is generally worse than the
England average whilst Female life expectancy is the sixth
worst in England. The specific requirements of the Crossfit
model require a large open plan space and a high ceiling
height - factors which mean that sites available in the nearest
town centres to serve the Burnley and surrounding area are
not suitable; this is evident given the predominantly 19th
century make-up of the inner areas of town and is also borne
out by evidence of other Crossfit Gyms across the country. In
any case, this statement has demonstrated that the nature
and size of the proposal is not however considered to have an
21
adverse effect on the health of Burnley or Padiham Town
Centres.
6.3 The site (although is an 'out-of-centre' location) is accessible
by a variety of transport modes, including sustainable travel
options and provides sufficient parking to meet its own needs.
The development raises no other adverse issues and for these
reasons, the Council is requested to approve the application.
Appendix 2 - Proposals Map Extract
Figure 7: Proposals Map Extract Showing the Application Site, Source: Burnley Online (2014)
Appendix 4 – Sequential Site Search
Modern refurbished offices -
converted older building with small
floorplate/pillars and not readily
adaptable - other occupiers and
restricted head heights in part - site
not suitable/available .
Older building with retail / office
permission. Smaller rooms/pillars
and limited head height restrict use
for Crossfit Gym purposes - site not
suitable.
Purposes offices with open plan
arrangement - however two storey
construction and increasing height
would require major structural work -
site not suitable.
Investment property - currently
tenanted and therefore unavailable
and for sale option renders unviable
due to capital outlay, like other
buildings in the Centre - terraced
property with a small floorplate - site
not available/suitable/viable.
Various properties on Standish
Street including 6, 18, 25, 36, 56.
As with Brown Street, terraced
properties with small overall sizes
and floorplates and height
limitations for the use proposed -
site not suitable or viable.
Suitably large open plan space with
suitable dance floor but first floor
only with limited head height - site
not suitable.
Ground floor only retail premises
and too small for the use proposed
- site not suitable.
Central location with good
accessibility. Building construction,
limited head height and multiple
existing users makes the building
unsuitable for use proposed, the
high specification finish also makes
renting and adaptation costly - site
not suitable or viable.
Appendix 5 – Location of Crossfit Gyms
CROSSFIT AFFILIATES IN LANCASHIRE
CrossFit Wirral
Unit 102 Argyle Industrial Estate
Birkenhead Wirral, Meyerside
CrossFit Liverpool
Unit 18-19 Love Lane
Liverpool, England
CrossFit Faction
Harrison Street Unit 5a, Golden Triable Industrial Estate
Widnes, Halton
CrossFit KSH
Unit 7 Lawrenson St
St Helens, Merseyside
CrossFit Wigan
Unit 4 Hemfield Court Makerfield Way
Wigan, Lancashire
Reebok CrossFit 3D
Unit D, 9, Brightgate Way,
Stretford, Manchester
CrossFit Central Manchester
Unit 9 Red Bank
Manchester, England
CrossFit Tameside
Unit 4, Lower Wharf Street
Ashton-Under-Lyne, Tameside
CrossFit Manchester
Pear Mill Industrial Estate, Stockport Road West, Lower Bredbury
Stockport,
Reebok CrossFit Spectrum
Unit 4, Kensington House, North Road
Preston, Lancashire
CrossFit Blackpool
Unit 6-7 Barrow Close, Whitehills Business Park
Blackpool, Lancashire
CrossFitClitheroe
Primrose Mill Primrose Road
Clitheroe, England
CrossFit East Manchester
Unit 3G Moss Mill Industrial Estate Woodbine Street East
Rochdale, Lancashire
CrossFit Central Lancaster
Unit 9, Lansil Walk, Caton Road
Lancaster, Lancashire
CROSSFIT AFFILIATES IN YORKSHIRE
CrossFit HG3
Unit 6B Pannal Business Park
Harrogate, England
CrossFit Harrogate
Unit 8A The Zone, Valley House, Hornbeam Park Aveunue
Harrogate, England
CrossFit Leeds
Unit 2 Education Road
Leeds, England
CrossFit West Yorkshire
Unit 9B Carlton Mills, Pickering Street
Leeds, West Yorkshire
CrossFit Defiance
Unit 5, Branxholme Industrial Estate
Bailiff Bridge, West Yorkshire
CrossFit Hull
Unit 10C, Gothenburg Way
Hull, East Yorkshire
CrossFit SC1
Unit 1, 30 Hoyland Road Ind. Est.
Sheffield, South Yorkshire
CrossFit Sheffield
Unit H 19, Prospect Rd Sheaf Bank Business Park
Sheffield, South Yorkshire