Condition requiring cinema provision removed

Conditions imposed on a development in west wales which required the provision of a cinema as part of the conversion of a listed hotel were deleted, an inspector deciding that removing the requirement would not jeopardise the entire development.

Planning and listed building consent had been granted for 39 apartments, a 68 bedroom hotel, three commercial units and a cinema. The conditions sought to ensure that the cinema was delivered as part of the mixed use scheme thereby increasing the vitality and viability of the town centre. The appellant claimed, following a marketing exercise, that there was no interest from a commercial cinema operator taking a unit within the scheme. They relied on a favourable recommendation from the planning officer who had concluded that retaining the conditions was unnecessary and unreasonable.

The agents appointed by the appellant, who were specialists in the field, had undertaken an appropriate marketing exercise and advised that retaining space for a cinema would not be economic and would prejudice the implementation of the entire scheme. Allowing retail, financial and professional services and food and drink uses to occupy the space would continue to support the vitality of the town and be consistent with its scale and function.

Inspector Gwynedd Thomas; Written representations

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