Casebook: Retail development - Lack of demand allows nursery change

Planning, 18 July 2008

The unit formed part of a mixed-use development with offices on the first floor and flats above. Part of the ground floor was occupied by a small supermarket with a coffee shop and the rest was vacant. The council's planning officer had recommended that permission be granted after concluding that the premises were not suited to nursery use due to extensive areas of glazing, internal concrete supporting columns, the cost of refitting and lack of outdoor play space and parking.

The inspector recognised the demand for pre-school nursery places in the area but accepted that this did not apply to the appeal premises, given their physical and other limitations. As the appellants had been unable to attract nursery operators, he saw little point in insisting that the unit remained vacant while further marketing was carried out. He regarded it as more important to support the regeneration of the local environment and stimulation of the local economy by allowing the unit to be occupied as quickly as possible.

DCS Number 100-056-052

Inspector David Lavender; Hearing.