Application for Prior Approval for the change of use from Class E (commercial) to 1No. one bedroom and 1No. two bedroom flats (Use Class C3), under Class MA of the Town and Country Planning (General Permitted Development) Order.

1. The proposed change of use of the existing E Class units to a C3 residential use will result in the loss of a retail/commercial use to the detriment of the vitality of the Station Road Local Centre and in turn the character and visual amenity of the Netley Abbey Conservation Area. As such, the application is considered to be contrary to Policies DM1, DM12 and DM22 of the Eastleigh Borough Local Plan 2016 – 2036 and the Council’s ‘Quality Places’ and ‘Netley Abbey Conservation Area Appraisal’ Supplementary Planning Documents.
2. Insufficient evidence has been provided to demonstrate the proposed change of use of the existing E Class units to a C3 residential use will not result in increased parking pressures in the locality, impacting upon traffic movements, highway safety and to the detriment of the amenity of neighbouring residents and businesses. As such, the application is considered to be contrary to Policies DM1, DM13 and DM14 of the Eastleigh Borough Local Plan 2016 – 2036 and the Council’s ‘Quality Places’ and ‘Residential Parking Standards’ Supplementary Planning Documents.
3. Note to Applicant: The application was refused following the assessment of the following plans: 1642-PD-01 & 1642-PD-02. In accordance with paragraph 39 of the National Planning Policy Framework (December 2024), Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner.
4. APPEAL CONDITIONS
5. 1) Prior to occupation of the residential units hereby permitted, the secure bin and cycle storage as indicated on Plan Ref. ‘1642-PD-02’, shall be provided in accordance with the approved details and thereafter maintained for bin and cycle storage purposes for the lifetime of the development. Paragraph W (13) of the GPDO allows for the grant of prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval. Development under Class MA is permitted subject to conditions at Paragraphs MA.2. (5) and (6) which include that the development must be completed within a period of 3 years starting with the prior approval date; and that any building permitted to be used as a dwellinghouse by virtue of Class MA is to remain in use as a dwellinghouse within the meaning of Class C3 of Schedule 1 to the Use Classes Order and for no other purpose, except to the extent that the other purpose is ancillary to the use as a dwellinghouse. Article 3(1) of the GPDO provides a pre-commencement condition which must be met, where the development would affect a European Site. This includes a separate application to the Council under Regulation 77 of the Habitats Regulations to allow the Council to undertake an appropriate assessment and, dependant on the outcome, determine whether the scheme could be undertaken as permitted development. The Council have suggested conditions in respect of the provision of secure bin and cycle storage as shown on the plan, such a condition is necessary and related to the matter of character and appearance. It has also been suggested that a condition is imposed requiring all refuse bins to be kept inside this storage except on collection days. I consider such a condition to be unreasonable and as such it will not be imposed. Also, the suggested plans condition is not necessary as the plans are stated in the matters for which prior approval is given.

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