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Public reports pack PDF 9 MB - Gravesham Borough Council

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Page 46<br />

accommodate this. It is however reiterated that whilst the retention of this lay by is the<br />

preference of officers, its deletion does not raise a fundamental highway objection.<br />

Ancillary Uses<br />

Turning to other impacts, a potential source of concern regarding applications for<br />

hotels relates to ancillary uses. This issue also causes some contention in determining<br />

which uses are ancillary and which result in a material change of use. If a hotel use is<br />

approved, uses which are judged to be ancillary, perhaps such as a hotel shop,<br />

restaurant and/or bar, will not require further planning consent.<br />

It is not anticipated though that the application subject of this report will raise<br />

significant issues with regards to ancillary uses due primarily to the restricted size of<br />

the building itself as well as the site. The majority of the site around the building will be<br />

allocated for car parking, whilst the only communal spaces within the building are<br />

modest rooms on the upper floors.<br />

Unlike the previously approved hotel, this proposal does not include a communal<br />

dining/drinking area to serve the residents. However, as identified in the earlier<br />

paragraph some small scale ancillary uses could be incorporated into the building<br />

without the need for planning permission. To this end, subject to the necessary<br />

licensing requirements, a residents bar/restaurant could be provided within this<br />

building without the requirement for planning permission.<br />

In view of the above raised issues with possible disturbance to the neighbouring<br />

residents, the introduction of such a facility only has the potential to worsen this<br />

situation. However, being an ancillary use the cumulative harm that may be caused by<br />

the introduction of this facility over and above the principle use may not be explicit. To<br />

overcome this concern the Local Planning Authority is able to impose a planning<br />

condition to require the applicant to make a formal application for any proposed<br />

ancillary uses such as a hotel bar, restaurant or shop. However, in considering this<br />

option it is relevant for Members to be aware that planning conditions are required to<br />

meet the basic tests set out in Circular 11/95, two of which requires the condition to be<br />

“reasonable” and “necessary”. In the situation whereby the harm that may be caused<br />

by the introduction of ancillary uses is not clear cut, it may be that such a condition<br />

would fail to meet these tests.<br />

Buildings Regulations/Fire Safety<br />

Whilst matters of fire safety and building regulations are not subject to consideration at<br />

this stage, it was considered prudent to informally discuss the proposal with relevant<br />

officers to gauge an initial opinion. In this respect, comment received from both a fire<br />

safety officer and a building control officer confirmed that the layout and arrangement<br />

of the building, with staircase access at either end and a spine corridor within, would<br />

appear to lend itself to the proposed use.<br />

Conclusion<br />

The previous planning permission for hotel use granted under reference 20080087 is a<br />

material consideration to be taken into account by Members in determining this<br />

application. In considering this application it is the stance of the Local Planning<br />

Authority that, although the arrangement of the accommodation has altered from the<br />

previous approval, it is still tantamount to being a hotel.<br />

REPORT NO 7 PAGE 14

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