Agenda item

PERMISSION

Description of application - Change of use from B1(a) office to D1 eye clinic.

Oral representations in support of the application were received Oral representations from Ward Member, Councillor Michael Rutherford, in support of to the application were received at the meeting. A statement from the agent dated 5 August 2020 had been received and circulated to Members.

This application had been considered by the Members of Plans Sub-Committee No. 3 on Thursday, 9 July 2020, and the application was deferred without prejudice as Members were in agreement that this application should be considered as an exceptional case in terms of the proposed change of use reducing office (Class B1) floorspace in the Business Improvement Area, which Policy 84 seeks to protect. Members had requested that officers provide a list of proposed conditions for consideration without prejudice, and also to seek clarification of the applicant’s proposed arrangements for clinical waste disposal.

Members having considered the report and representations, RESOLVED that PERMISSION be GRANTED AGAINST OFFICERS’ RECOMMENDATIONS. MEMBERS CONSIDERED THAT THE BENEFITS OF THE PROPOSED MEDICAL FACILITY WOULD OUTWEIGH THE LOSS OF OFFICE ACCOMMODATION IN THIS CASE, subject to the following conditions:-

“1.  The development to which this permission relates must be begun not later than the expiration of 3 years, beginning with the date of this decision notice.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990.

2.  The development hereby permitted shall not be carried out otherwise than in complete accordance with the plans approved under this planning permission unless previously agreed in writing by the Local Planning Authority.

REASON: In order to comply with Policy 37 of the Bromley Local Plan and in the interests of visual and residential amenity.

3.  The premises shall only be used for an eye clinic and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to the Class in any statutory instrument revoking and re-enacting that Order with or without modification.

REASON: In order to comply with Policy 92 of Bromley Local Plan and in the interest of the amenities of nearby residential property.

4.  The premises shall be reinstated to B1 (office) use once the hereby

approved Class D1 Eye Clinic is no longer in use.

REASON: In order to comply with Policy 84 of Bromley Local Plan and to protect B1 use floorspace in the Business Improvement Areas (BIA).

5.  The Use hereby permitted shall not operate outside the following hours (unless to deal with an urgent complication with a patient): 07:30hrs to 18:30:00hrs from Monday to Sunday.

REASON: In order to comply with Policy 37 of Bromley Local Plan and in the interest of the amenities of the area.

6.  At any time the combined plant noise rating level shall not exceed the measured typical background L90 level at any noise sensitive location. For the purposes of this condition the rating and background levels shall be calculated fully in accordance with the methodology BS4142:2014. Furthermore, at any time the measured or calculated absolute plant noise level shall not exceed 10dB below the typical background noise level (LA90 15 minute) in this location. All constituent parts of the new plant shall be maintained and replaced in whole or in part as often is required to ensure compliance with the noise levels.

REASON: In order to comply with Policies 37 and 119 of the Bromley Local Plan and to ensure a satisfactory standard of amenity for adjacent properties.

7.  Before any mechanical plant is used on the premises it shall be mounted in a way which will minimise transmission of structure borne sound or vibration to any other part of the building in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.

REASON: In order to comply with Policies 37 and 119 of the Bromley Local Plan and to ensure a satisfactory standard of amenity for adjacent properties.

8.  Clinical waste generated by the use hereby permitted shall be stored

within the premises until collected and shall not be stored outside at any time.

REASON: In the interest of the amenities of the area and to accord with Policy 37 of the Bromley Local Plan.”