Agenda item

Consideration was given to a report on planning application 23/1111/COU - 9 Portchester Close, Ingleby Barwick, Stockton-on-Tees, TS17 5LQ - Change of use from residential (C3) to mixed use Commercial and Residential to allow for home business.

The application related to No.9 Portchester Close, which was a substantial two storey detached residential dwelling located within an established residential area of Ingleby Barwick.

Planning permission was sought for the change of use of part of No.9 Portchester Close to be used for the sale of firearms and ammunition.  The change of use would allow for a designated reception room to be used as a secured sales area. The rest of the property would remain as a residential dwelling.

Sales of firearms would be by pre-arranged appointment only to persons approved by the Police Licensing Authority, and not to the general public. Customers would have to provide evidence of membership of shooting clubs, or being holders of Firearm or Shotgun Certificates. The business would operate only between the hours of 10:00 to 18:00 Monday to Saturday, with only one customer visiting the property at any one time, and it was anticipated that there would be a maximum of 2-3 customers per day.

The property benefits from secure storage for firearms and ammunition, and the exterior of the host property was covered by security cameras and had a 24 hour a day monitored alarm system. There were no external alterations proposed to the property, and the business would not have any external signage or indication of the type of business which would operate from the premises.

Following the consultation process there had been 52no letters of objection received. The objections related to highway issues including increase in the volume of traffic and off-street parking, public safety, anti-social behaviour/crime, unsuitable location for such a commercial use, and impact on residential amenity by way of noise disturbance and impact on privacy. There had also been 29no letters of support received.

Given the scale of the proposed business, which would operate by pre-arranged appointment only to persons approved by the Police Licensing Authority, and not to the general public, during daytime hours with only one customer visiting at any one time and a maximum of 3 appointments per day, the proposal was not considered to have a significant adverse impact on centre locations.

Due to the measures required to make the business safe, the pre-conceptions and connotations attached to the nature of the business proposed and the vagueness of how the business would operate, had, in the opinion of the Local Planning Authority, caused a heightened sense of fear of crime regarding the proposal which completely undermined the residential character of the area and the perception of safety for the surrounding neighbouring residents, to their detriment. The proposal was not considered to result in a significant impact on highway safety due to the off-street parking provided on the Site.

The proposed development would therefore be contrary to Local Plan Policy SD8(3) and National Planning Policies 96(b) and 135(f) which seek development decisions to achieve safe places which were safe and accessible, so that the fear of crime does not undermine the quality of life or community cohesion.

The application is therefore recommended for refusal.

Applicants attended the meeting and were given the opportunity to make representation. Their comments could be summarised as follows:

- The alarm system has been accepted by the police.

- There is plenty of parking available.

- I have had a firearm licence for 16 years.

- The police are informed about any sales of firearms, and the paperwork must be checked.

- There strict controls in place and have been approved by Cleveland Police.

- There has been a lot of misinformation spread on social media.

- There are other businesses operating in the area.

Members were given the opportunity to ask questions / make comments. These could be summarised as follows:

- There has been another similar application, can officers tell me the outcome of that application and was it for this premises?

- Can this application be deferred and the previous application be retrieved.

Officers were given the opportunity to respond to comments/issues raised. Their responses could be summarised as follows:

- Another similar application has not been found on the planning system.

A vote took place and the application was deferred to enable officers check if there are other registered firearms dealers operating from residential properties within the Borough.

RESOLVED that the application be deferred.