Aylesbury Vale Area

FMM086

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Object

VALP Further Main Modifications

Representation ID: 3890

Received: 29/01/2021

Respondent: Mr David Vowles

Legally compliant? Yes

Sound? No

Representation Summary:

Paragraphs 6.26, 6.27 and 6.28 should be rewritten to reflect correctly the effect of the amended use classes order and to set out which uses are appropriate on the ground floor in the shopping frontages.

Change suggested by respondent:

Paragraphs 6.26, 6.27 and 6.28 should be rewritten to reflect correctly the effect of the amended use classes order and to set out which uses are appropriate on the ground floor in the shopping frontages.

Full text:

Officer note, soundness tests failed: justified, consistent with national policy.

I do not agree with the views about class E in the new use classes order (UCO) expressed in modified paragraph 6.28. Whilst the UCO lists the individuals uses which are included in class E, I believe that, in policy terms, the class is indivisible and that it is not the intention of the UCO that sub-divisions of class E should be used for planning policy or development management purposes (other than in respect of class E g) uses undertaken in conjunction with class B2 uses).

The use of any class existing pressures that falls within class E for any other use in that class is not development and therefore does not require planning permission. I suggest that any attempt to control changes of use of existing premises within the Primary Shopping Area from class E a), b) or c) to any other class E use would fail. Similarly, any attempt to limit the use of new-build premises within the Primary Shopping Area to a particular element or elements of class E, such as by the imposition of a condition, would also be likely to fail.

The UCO also introduces classes F1 and F2 and makes changes to the classification of sui generis uses (such as pubs and takeaways) These have important implications for Policy E6 but are not mentioned in the proposed Further Main Modifications. In addition, there are permitted development changes of use which affect uses in shopping frontages (such as offices to residential). I understand that these are likely to change after 31 July 2021 in a manner which is at present unknown but which could, for example, include freedom to change from any class E use to residential. Policy E6 need to allow for this possibility.

I have prepared the following matrix to assist in determining which uses are acceptable at ground floor level in primary and secondary shopping frontages. See attached.

Whilst some class F1, F2 and sui generis uses are inappropriate at ground floor level in shopping frontages, they would be acceptable above or below ground level. This is covered by policies D6, D7 and D8 in common with those parts of the town centre outside the primary and secondary frontages and so does not need to be dealt with in Policy E6. The location of residential uses in the town centre is dealt with in Policy D9.

Paragraphs 6.26, 6.27 and 6.28 of the Local Plan (and Policy E6 – see my representations on FMM087) should be rewritten to take account of the above comments, to reflect better the fundamental changes made by the amended UCO, to acknowledge the indivisibility of class E and to set out which uses are now appropriate on the ground floor in the shopping frontages (as opposed to the rest of the town centre).

Attachments: