Agenda item - BH2017/02113- 33 Upper North Street, Brighton- Full Planning

Change of use of tattoo studio (Sui Generis) to leisure use as escape rooms (D2).

RECOMMENDATION – GRANT

Ward Affected: Regency

              Change of use of tattoo studio (Sui Generis) to leisure use as escape rooms (D2).

              Officer Presentation

(1)          The Principal Planning Officer, Colm McKee, introduced the application and gave a presentation by reference to plans, photographs and elevational drawings and explained that permission was sought for change of use from the current use as a tattoo studio (sui generis) to leisure use as escape rooms (D2). It was explained that “Escape Rooms” are a form of leisure use, whereby teams of friends or colleagues had to work together to overcome a series of puzzles using clues, hints and strategy to provide a key to exit the room and to move onto the next puzzle. Each game would last 60 minutes and teams would be made up of 2 to 6 people. Reference  was also made to a letter in support of the proposal, received from Councillor Druitt, one of the Local Ward Councillors.

(2)          The main considerations in determining the application were the principle of the change of use together with the impact of the proposed activities on the neighbouring properties and traffic implications. No external alterations were proposed therefore the development was not considered to have an impact on the street scene or the wider Montpelier and Clifton Hill Conservation Area. Although there was a likelihood that the proposal would result in some increased noise and disturbance from the comings and goings of small groups of people, taking into account the information within the submitted Noise Management Report, the now significantly reduced proposed opening hours and the suggested conditions, it was considered that on balance the proposal would not result in significant noise and disturbance to neighbouring properties. Whilst the proposed change of use might generate a small increase in trips to the site it was not sufficient to warrant refusal and approval was therefore recommended subject to amending Condition 4 as proposed.

              Questions for Officers

(3)          Councillor Moonan enquired regarding proposed parking arrangements for visitors and it was explained and it was considered that as most customers would arrive on foot or be dropped off/picked up this would not result in a significant increase in the number of vehicular trips to the site. Any other vehicle trips were likely to be and could be accommodated at nearby public car parks.

(4)          Councillor Mac Cafferty enquired regarding noise mitigation measures to be put into place, seeking confirmation that they were considered to be sufficiently robust. Also regarding numbers using the premises at any given time. Given that the area was heavily used by pedestrian traffic as a result of the concentration of pubs, clubs and bars in the vicinity he wished to receive assurance that there would not be large numbers of additional pedestrians spilling out onto the narrow pavements adjoining the premises. It was confirmed that subject to the conditions proposed to prevent groups from congregating outside and soundproofing inside, Environmental Health were satisfied with the proposals. Use of the premises by groups using it would also be staggered.

(5)          Councillor Morris asked regarding the proposed change of use and it was explained that the proposed amendments to Condition 4 were intended to reflect the intended use and to ensure that the local authority retained control over any future change of use. It was confirmed that day to day control of the premises once converted would fall within Environmental Health Legislation.

              Debate and Decision Making

(6)          Members then moved to the vote. A vote was taken and the 9 Members present voted unanimously that planning permission be granted.

86.4       RESOLVED – That the Committee has taken into consideration and agrees with the reasons for the recommendation set out in the report and resolves to GRANT planning permission subject the Conditions and Informatives set out in the report and to the amendment of Condition 4 as set out below:

              Amend Condition 4 to read:

The premises shall only be used as an escape room as defined in the applicants Planning Statement received 22 June 2017 (Use Class D2) and for no other purpose (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended (or any order revoking and re-enacting that Order with or without modification), no change of use shall occur without planning permission obtained from the Local Planning Authority.

Reason: The Local Planning Authority would wish to retain control over any subsequent change of use of these premises in the interests of safeguarding the amenities of the area and to comply with policy QD27 of the Brighton & Hove Local Plan.

Note: Councillors Bennett, Hill and Littman were not present at the meeting when the vote was taken.