Change of use of part of ground floor from restaurant/bar (sui-generis) to shop (Class E), new shop front and extension of canopy with shutters to display produce

1. The proposed development would result in the loss of an established public house and community facility. Insufficient evidence has been submitted to demonstrate that the existing use is no longer viable, that the premises have been appropriately marketed, or that suitable alternative provision exists within the local area. As such, the proposal would result in the unjustified loss of a valued community facility contrary to Policy HC6 of the National Planning Policy Framework (2026) and Policy DLP25 of the Dudley Local Plan.
2. The proposed convenience store constitutes a main town centre use in an out-of-centre location. In the absence of a Sequential Test and sufficient information demonstrating that the proposal would not adversely affect the vitality and viability of nearby centres, the Local Planning Authority cannot be satisfied that the development would not undermine the established hierarchy, role and function of nearby centres. The proposal is therefore contrary to Policies TC3 and TC4 of the National Planning Policy Framework (2026) and Policies DLP24, DLP25 and DLP27 of the Dudley Local Plan.
3. The proposed canopy, roller shutters and shopfront alterations, by reason of their scale, design, siting and appearance, would form an incongruous and visually intrusive addition that would fail to preserve or enhance the character and appearance of the host building and its setting within the Lye High Street and Cross Area of High Historic Townscape Value. Furthermore, no Heritage Statement has been submitted to demonstrate the impact of the development upon the significance of the historic environment and the Area of High Historic Townscape Value. The proposal is therefore contrary to Policies DP3 and HE5 of the National Planning Policy Framework (2026) and Policies DLP4, DLP39, DLP54 and DLP57 of the Dudley Local Plan.
4. Insufficient information has been submitted to demonstrate that adequate parking provision would be available to serve the proposed use, that parking demand would not be displaced onto the surrounding highway network, or that the revised site layout and relocated entrance would not result in adverse highway safety implications. In addition, no details have been provided regarding cycle parking or electric vehicle charging infrastructure. The proposal is therefore contrary to Policies TR3, TR4 and TR6 of the National Planning Policy Framework (2026) and Policies DLP64, DLP65, DLP67 and DLP69 of the Dudley Local Plan and the Parking Standards SPD. The Local Planning Authority is aware of the requirement of Policy DM3 of the National Planning Policy Framework work with the applicant in a positive and proactive manner, seeking solutions to problems arising in relation to dealing with the application. In this case, after careful balanced consideration the LPA/Officers considers that there are insurmountable technical issues relating to town centre uses, design and highway safety that have not been satisfactorily resolved to demonstrate that the scheme would result in the creation of a sustainable form of development and thereby failing to improve the economic, social and environmental conditions of the area.

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