Agenda item

Granted planning permission subject to the conditions and informatives, as set out in the main committee report.

PROPOSAL

Change of use of basement and ground floor from vacant bank to Adult Gaming Centre (AGC) with alteration to front elevation at ground floor level.

RECOMMENDATION

That the Committee resolve to GRANT planning permission subject to the conditions and informatives detailed in the committee report.

Parag Dhanan (Career Grade Planning Officer) introduced the report, advising members that the application site was a commercial property located on the north side of Walm Lane at the junction of High Road. The property fell within the primary shopping frontage of the Willesden Green Town Centre and, whilst not containing any Listed Buildings, was located within the Willesden Conservation Area.  Members were also reminded that the site had been subject to a previous application (Ref 24/2877) for which permission had been granted on 17 February 2025 which related to a change of use for the basement and ground floor from vacant bank to bingo hall with alteration to front elevation at ground floor level.

Attention was also drawn to the supplementary report circulated in advance of the meeting, which outlined an additional representation received from the Brent East MP (Dawn Butler) objecting to the proposed development.  Members were advised the comments raised reflected those already received and addressed within the main Committee report with the recommendation therefore remaining to grant planning permission subject to the conditions and informatives outlined within the main report.

The Chair thanked Parag Dhanan for introducing the report and advised that as there were no representatives who had registered to speak in relation to the application he would move straight on deal with questions and points of clarity from the Committee, with the following being noted:

·            Further clarification was sought in relation to application of the Local Plan Policy BE5: Protecting retail in town centres and the criteria on active frontages that proposals for adult gaming centres were required to meet.  In terms of the existing town centre, members were advised that there were two pawnbrokers and two adult gaming centres but no payday loan shops in Willesden Green Town Centre.  The total existing length of the town centre frontage consisting of those premises had been assessed as 38m with the total frontage length being 1877m which meant that, as existing, 2.02% of the total frontage length was in adult gaming centre and pawnbrokers/payday loan shop use.

In terms of the application site (1 Walm Lane) that had a frontage length of approx. 9.75m with members advised that if consented for adult gaming centre (AGC) use, the total frontage length in AGC and pawnbrokers/payday loan shop use (including the premises already outlined) would be 47.75m which would result in 2.54% of the total frontage length being in AGC and pawnbrokers/payday loan shop use. The proposals would therefore sit within the threshold criteria of no more than 3% of the town centre frontage consisting of AGC or pawnbrokers/payday loan shops, in line with Local Plan policy BE5.  Whilst criteria (d) under Policy PE5 required that there was a minimum of 4 units of alternative use in-between each relevant use officers advised that the wording was open to interpretation as the wording within the policy referred to a “minimum of 4 units in alternative use in-between each” without clarifying whether that was between each separate use of each separate unit.  As further clarification, members were advised the matter had been tested at appeal with the interpretation being that the policy was intended to avoid an overconcentration of particular uses within any single length of frontage, with the policy designed to prevent AGC, pawnbrokers, betting shops and takeaways locating in close proximity to a unit in the same use.  Whilst noting that there was a pawnbroker located at 1d Walm Lane this would be regarded as an alternative use and with no other AGC within 4 units of the proposed site it was confirmed the proposal had also been assessed as being in accordance with criteria (d) of Policy BE5.

·            Following on, additional clarification was also provided in relation to the distinction between town centre frontages and local neighbourhood parade frontages in terms of application of the criteria within Local Plan Policy BE5, with confirmation provided that Walm Lane had been classed as a town centre rather than neighbourhood parade frontage given its location with the Willesden Green town centre boundary.  As a result, members were advised that criteria (c) (no more than 1 unit or 10% of the neighbourhood frontage consisting of betting shops, AGC pr pawnbrokers/payday loan shops) within Policy BE5 had not been applicable in terms of the current application.

·            Further details were sought on the reason no noise assessment had been provided in support of the application.  In response, members were advised this was not felt to have been necessary given the town centre location of the site and as the upper floors of the host property were not currently in residential use. The existing office use of these floors was also not considered to be particularly sensitive to the proposed use. Whilst an electrical room had been included at basement level, no external/plant equipment had been indicated at the premises with a condition also secured to limit the cumulative rated noise level from any plant, gaming machines or other equipment to 10dB(A) below the measured background noise level when measured at the nearest noise sensitive premises so as to prevent the transmission of noise and vibration into neighbouring premises.

·            As further assurance, in terms of complaints relating to noise or anti-social behaviour members were advised that the proposal would also be subject to licencing restrictions and reasonable use.  No specific objections had been lodged by the Council’s Environmental Health Team in relation to noise complaints or concerns and it was not therefore considered likely, from a planning perspective, to result in significant adverse noise and disturbance to neighbouring occupiers.  Confirmation was provided that any subsequent complaints regarding noise would be subject to monitoring, investigation and enforcement action through the Council’s Environmental Health Enforcement Team with any breach in planning conditions subject to planning enforcement activity.

·            In recognising that the application site was located within a Conservation area, further details were sought on the impact in relation to character and appearance of the proposal on the surrounding area.  In response, members were advised that in order to facilitate the change of use, the application had proposed minor alterations to the shopfront to include a new street-facing front entrance and window at ground floor level.  It was confirmed that the existing shopfront was not original, and the proposed works were in keeping with the existing arrangements.  As a result, the proposal had been assessed to be in keeping and preserve the character and appearance of the Conservation Area and also to be compliant with the Council’s Shopfront SPD.  Having referred to accompanying drawings displayed at the meeting, members were advised that the works would be similar to those approved under the previous application relating to the same site (Ref:24/2877).  In terms of the sites previous use as a former bank and potential impact on the current building as a heritage asset, confirmation was provided that the Council’s Heritage officer had been consulted and raised no objection to the heritage impacts of the proposal.  Clarification was also provided, in relation to concerns identified regarding the loss of banking use on the site as a community use, that use of the site fell within Use Class E and would not therefore be defined as social infrastructure.

·            Returning to focus on the impact of the proposal on neighbouring amenity, further details were sought on the approach and controls available in relation to controlling the hours of operation.  Whilst outlining the extended hours of opening sought within the submitted application, officers advised that nearby residential premises were located in proximity to the site and that direct neighbouring uses also operated under earlier closing times, designed to limit disturbance to the residential occupiers surrounding the site.  On this basis, officers had recommended the inclusion of a condition to be secured restricting the opening hours to between 0800 to 2300 Mondays to Fridays and 0900 to 2300 on Saturdays, Sundays and Bank and Public holidays.  In terms of any further restrictions (with it noted that nearby betting shop units along Walm Lane and the adjoining High Road were only open until 10pm in the evening) members were advised that these were consistent with the hours conditioned as part of the previous application (Ref:24/2877) and felt to be reasonable given the nature of other surrounding uses.

·            Further details were sought on the status of any planning application submitted in relation to the vacant upper floors of the host property for residential purposes.  In confirming that an application had been received in relation to the upper floors as residential units, members were reminded this would need to be regarded as a separate application still to be determined and could not therefore be treated as a material planning consideration in terms of the application being considered by the Committee.

·            Details were also sought on the proposed arrangements in relation to cycle storage facilities, which members were advised included internal provision shared between visitor and employee parking.

·            Having clarified the way in which objections received in relation to the application had been assessed on the basis of relevant planning considerations, members were reminded that the proposed change of use to an AGC had been assessed as being in accordance with the Council's adopted policies. The minor external changes proposed to the shopfront of the site, were not felt to generate any impact in relation to the character and appearance of the conservation area with the condition limiting opening hours and noise levels from plant and gaming machines having been secured to protect neighbouring amenity.

With no further questions from members the Chair thanked everyone for their contributions and then moved on to the vote.

DECISION

The Committee RESOLVED to grant planning permission subject to the conditions and informatives, as set out in the main committee report.

(Voting on the above decision was as follows: 4 For and 1 Against).

Having declared an interest in respect of the previous item, Councillor Johnson joined the meeting at this stage in proceedings and was present for the remainder of the Committee meeting.