Change of use to a flexible mixed-use of Unit 2, Blackacre Street / Leyland Drive to retain the existing B2/B8 use and include an indoor sport and wellness facility (Use Class E(d)), with associated parking layout alterations
Unit 2, Hall Street, Dudley, DY2 7DQ
Decision madeReference: P25/1451Dudley Metropolitan Borough Council
Last published check: 3 Oct 2026, 09:43. Check the council record for more recent changes.
Application location
Unit 2, Hall Street, Dudley, DY2 7DQ
This record has no verified map location.
Application summary
Status
Decision made
Application type
Full Planning Permission
Received
1 Dec 2025
Validated
Not published
Determination deadline
10 Apr 2026
Local authority
Dudley Metropolitan Borough Council
Application overview
Change of use to a flexible mixed-use of Unit 2, Blackacre Street / Leyland Drive to retain the existing B2/B8 use and include an indoor sport and wellness facility (Use Class E(d)), with associated parking layout alterations
Proposal details
Reference
P25/1451
Alternative references
PP-14528397_C
Development type
Extension / Alteration
Ward
St. Thomas's
Agent
Ikraam Ibrahim
UPRN
MAN000000000320382
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The development hereby permitted shall be begun before the expiration of three years from the date of this permission. REASON: To comply with Section 91(1) of the Town and Country Planning Act, 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
The development hereby permitted shall be carried out in accordance with the following approved plans: Site location plan Drg No. 25-034.001 Rev P01, Proposed site plan Drg No. 25-034.002 Rev P03, Existing floor plans Drg No. 25-034.003, Existing elevations Drg No. 25-0034.004, Proposed floor plans Drg No. 25-34.005, Proposed elevations 25-034.006 and padel court plans and elevations Drg No. 25-034.007. REASON: For the avoidance of doubt and in the interests of proper planning.
The development shall not be brought into the Class E(d) use until the car parking layout shown on the approved plans, including the marked delivery/servicing area and cycle sheffield stands have been installed and laid out in complete accordance with the approved plans. The parking and servicing areas shall thereafter be retained for those purposes only. REASON: To ensure there is adequate parking provided to serve the future occupiers to ensure there is no increased risk to highway safety and there is no shortfall in car parking which could have a detrimental impact on highway safety in accordance with Black Country Core Strategy Policy TRAN2 and Dudley Borough Development Strategy 2017 Policy S17 and D2 (in part).
The development whilst in use as a Use Class E(d), shall be used for racket sports only and for no other purpose, including any other purpose in Class E of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to that class in any statutory instrument revoking or re-enacting that Order with or without modification. REASON: In the interests of amenity and to ensure adequate parking provision is provided for the proposed use to comply with Dudley Borough Development Strategy 2017 Policy S17, D2 Incompatible Land Uses (in part) and Policy TRAN2 of the Black Country Core Strategy 2011.
The development when operated as a Use Class E(d) unit hereby approved shall not be operated before 0700 hours or after 0100 Monday to Sunday. REASON: To protect the amenities of the surrounding residents in accordance with Dudley Borough Development Strategy 2017 Policy D5 and Policy D2 (in part).
The rollershutter on the existing building shall only be operated in accordance with the submitted Operational and Management Statement dated 10th March 2026 for its use as a Class E(d) unit. The rollershutter shall remain closed and shall not be operated at any time between 1700 and 0700 Monday to Friday, nor at any time on Saturdays, Sundays or Public holidays. REASON: In order to safeguard the amenities of surrounding residents and prevent noise disturbance in accordance with Dudley Borough Development Strategy 2017 Policy D5 and Policy D2 (in part).
The lawful use of the unit hereby permitted shall be restricted to either: (a) Use Class E(d), or (b) Use Classes B2 or B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended), or in any provision equivalent to those classes in any statutory instrument revoking or re-enacting that Order with or without modification. Only one of these uses shall operate at any one time, and there shall be no simultaneous operation of the E(d) use with any B2 or B8 use at any time. This flexible mixed-use arrangement is permitted for a period of 10 years from the date of this decision. At the end of that 10 year period, the use of the unit at that time shall become the established lawful use of the building. Any further change of use after that period shall require express planning permission. Reason: In order to provide controlled flexibility in the operation of the premises while preventing cumulative trip generation and parking demand that would give rise to unacceptable highway impacts, and to clarify the lawful use established at the end of the temporary period, in accordance with Black Country Core Strategy Policy TRAN2 and Dudley Borough Development Strategy 2017 Policies S17 and D2 (in part).
The Class E(d) use shall operate on a pre booking basis only and strictly in full accordance with the submitted Operational and Management Statement dated 10th March 2026. REASON: To manage peak parking demand and limit trip generation to the levels assessed as acceptable in accordance with Black Country Core Strategy Policy TRAN2 and Dudley Borough Development Strategy 2017 Policy S17 and D2 (in part). Approval Statement Informative In dealing with this application the Local Planning Authority have worked with the applicant in a positive and proactive manner, seeking solutions to problems arising in relation to dealing with the application, by seeking to help the applicant resolve technical detail issues where required and maintaining the delivery of sustainable development. The development would improve the economic, social and environmental concerns of the area and thereby being in accordance with paragraphs 39 of the National Planning Policy Framework 2024. Land Ownership Informative This consent is given on the basis that all parts of the development including the guttering (foundations and fascia) are carried out on land within the ownership of the applicant. If you intend to carry out building work which involves one of the following categories: •Work on an existing wall or structure shared with another property (section 2 of the Act) •Building a free standing wall or wall of a building up to or astride the boundary wall with a neighbouring property (section 1 of the Act) •Excavating near a neighbouring building (section 6 of the Act) You must find out whether that work falls within the Party Wall Act 1996. If it does, you must notify all adjoining neighbours. Development High Risk Area - Standing Advice The proposed development lies within an area that has been defined by the Mining Remediation Authority as containing coal mining features at surface or shallow depth. These features may include: mine entries (shafts and adits); shallow coal workings; geological features (fissures and break lines); mine gas and former surface mining sites. Although such features are seldom readily visible, they can often be present and problems can occur, particularly as a result of new development taking place. Any form of development over or within the influencing distance of a mine entry can be dangerous and raises significant land stability and public safety risks. As a general precautionary principle, the Mining Remediation Authority considers that the building over or within the influencing distance of a mine entry should be avoided. In exceptional circumstance where this is unavoidable, expert advice must be sought to ensure a suitable engineering design which takes account of all relevant safety and environmental risk factors, including mine gas and mine-water. Your attention is drawn to the Mining Remediation Authority Policy in relation to new development and mine entries available at: Building on or within the influencing distance of mine entries - GOV.UK Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires a Mining Remediation Authority Permit. Such activities could include site investigation boreholes, excavations for foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Application forms for Mining Remediation Authority permission and further guidance can be obtained from The Mining Remediation Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property What is a permit and how to get one? - GOV.UK (www.gov.uk) In areas where shallow coal seams are present caution should be taken when carrying out any on site burning or heat focused activities. If any future development has the potential to encounter coal seams which require excavating, for example excavation of building foundations, service trenches, development platforms, earthworks, non-coal mineral operations, an Incidental Coal Agreement will be required. Further information regarding Incidental Coal Agreements can be found here - https://www.gov.uk/government/publications/incidental-coal-agreement/guidance-notes-for-applicants-for-incidental-coal-agreements If any coal mining features are unexpectedly encountered during development, this should be reported immediately to the Mining Remediation Authority on 0800 288 4242. Further information is available on the Mining Remediation Authority website at: Mining Remediation Authority - GOV.UK Informative Note valid from 1st January 2025 until 31st December 2026 When granting planning permission, Article 35 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024) (https://www.legislation.gov.uk/uksi/2015/595/article/35/) requires planning authorities to set out the following information to signpost an applicant to the statutory framework for Biodiversity Net Gain. Paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 states that planning permission, granted for the development of land in England, is deemed to have been granted subject to the "Biodiversity Gain condition" and that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission is the Dudley Metropolitan Borough Council. In accordance with the Biodiversity Net Gain Planning Practice Guidance, the Biodiversity Gain condition is not being repeated within this decision notice. However, please be aware that noncompliance with this statutory condition may result in enforcement action. There are statutory exemptions and transitional arrangements which mean that the Biodiversity Gain condition does not always apply. These are set out in The Biodiversity Gain Requirements (Exemptions) Regulations 2024 (https://www.legislation.gov.uk/uksi/2024/47/contents/made) and The Environment Act 2021 (Commencement No.8 and Transitional Provisions) Regulations 2024 (https://www.legislation.gov.uk/uksi/2024/44/made). The planning authority requests that, where an applicant is required to submit a Biodiversity Gain Plan, Habitat Management & Monitoring Plan (HMMP) and /or HMMP monitoring reports, that the applicant uses the standard national templates. If this permission is not exempt, and there is "irreplaceable habitat" onsite (as set out within Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) (https://www.legislation.gov.uk/uksi/2024/48/contents/made) there are additional obligations for the content of the Biodiversity Gain Plan/s. This must be addressed before the planning authority can approve the plan(s). Based on the information available, it is not considered that this permission is subject to the statutory Biodiversity Gain condition, as the following exemption applies: 4. The permission which has been granted is for development which is exempt being: 4.2 Development below the de minimis threshold, meaning development which: i) does not impact an onsite priority habitat (a habitat specified in a list published under section 41 of the Natural Environment and Rural Communities Act 2006); and ii) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric). As BNG is fully assessed after approval, the circumstances and/or information within the planning proposal provided may change. Therefore, to avoid enforcement action, you must evaluate if the condition is required and proceed accordingly (i.e. submitting a Biodiversity Gain Plan (if one is required) for approval), prior to beginning works onsite.
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