DC Casebook: Leisure and Entertainment - Adult centre agreed despite policy breach

Planning, 16 May 2008

The policy stated that non-retail uses should not be permitted in adjacent units and no more than 30 per cent of each designated retail frontage should be in non-retail use. The council claimed that the proposed scheme would lead to 34 per cent of the units in the parade being in non-retail use. The appellants argued that an optician's that had been classified as non-retail by the council in its calculations actually fell within class A1 retail use, but the inspector decided that the council was correct on this point.

However, he held that the mathematical breach of the 30 per cent maximum was outweighed by other important material considerations. He was satisfied that the proposed use would not reduce the number of people walking along the street and it would also add to the evening economy, since it would remain open until 10pm. He considered that the policy objective to sustain and enhance the centre's vitality and viability of the town would be achieved despite the breach of the non-retail use threshold.

DCS Number 100-054-637

Inspector Steve Taylor; Inquiry.