Public reports pack PDF 9 MB - Gravesham Borough Council
Public reports pack PDF 9 MB - Gravesham Borough Council
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