Issue - meetings

This report advises members of the recent decision of the Local Planning Authority (LPA) in regard to the planning application for the change of use of space within the Barham Park complex from D1 community use to B1 light industrial use.  In the light of the decision, the report sets out the options available to the Trust as regards to the next steps in leasing out the space.

RESOLVED:

To pursue an appeal against the decision of the Local Planning Authority to refuse planning permission for the change of use of the premises.

Richard Barrett (Operational Director Property and Projects) informed trustees that the report advised members of the recent decision of the Local Planning Authority (LPA) to refuse the application contrary to officer recommendations in regard to the change of use of space within the Barham Park complex from D1 community use to B1 light industrial use. He advised the decision by the LPA to refuse was on the basis of the loss of D1contrary to Policy CP23. He highlighted the two options recommended to the trust and informed members that although the report indicated costs of £10,000 to pursue option two, it was anticipated that this was more likely to be in the region of £2000-£4000 depending on the appeal route determining by the Planning Inspector.  The Operational Director Property and Projects informed the Committee that informal advice from a planning consultant suggested that the Trust stood a reasonable chance of success should they pursue option two due to the planning officers recommending the application for approval.  Richard Barrett informed members that he had been asked to raise a third option to lease the space to the unsuccessful bidders from the exercise conducted back in February. However he advised in his view this would not be in line with best practice due to the passage of time since this marketing and also the fact that the previous bids had been rejected on quality therefore this option could reasonably be challenged by other parties now interested in the space who would not be given the opportunity through the open market. In response to queries regarding the risks of pursuing option two, Richard Barrett informed the trust that there was a risk of refusal in light of the Planning Committee choosing to refuse the application under Planning Policy 23 although noted that, following informal advice from an external independent Planning Consultant, that the risks were perceived as being lower than indicated in the report.  It was confirmed that ACAVA (The Association for the Cultural Advancement through Visual Arts) had accepted that the request for the change in use from D1 (community) to B1 (light industrial) use  would be restricted to artistic uses such as sculpture rather than the wider uses of a B1 light industrial use Richard Barrett confirmed that he had an agreement following discussions with ACAVA that if successful, ACAVA had agreed that the lease would only  allow uses associated with artistic endeavours only and would be restricted to ACAVA rather than the unit itself i.e. it could not be sublet for non artistic purposes.  In response to queries from members, it was confirmed that conditions could be placed on the lease to ensure the B1 licence would only be used for artistic purposes.  Members reflected that both proposed options would result in the premises remaining vacant for a period of time and queried whether there were any options to utilise it whilst a preferred option was being pursued.  Richard Barrett informed the Committee that refurbishment works  ...  view the full minutes text for item 4