Agenda item

Change of use from residential (C3) to mixed use Commercial and Residential to allow for home business

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

Following the Planning Committee meeting held on 6 August 2025, further searches by Officers had been conducted into other potential registered firearms dealers operating from residential properties within the Borough.

The search identified that there had been no planning applications made to accommodate the sale of firearms or ammunition operating from their home address within the Borough. Applications had been made and accepted in relation to workshops for the manufacture and/or repair of guns on the periphery of the conurbation in the 1990’s.

In some cases, pre-application advice had been provided in relation to gun repairs, servicing and sales. In all these instances planning permission was deemed to not be required, as sales were either not taking place at the home address or it was indicated as being limited to a maximum of two visits per week. With the overall level of activity being significantly less than proposed in this application.

Additional comments have been received by the Designing out Crime Officer and the Firearms Licensing Manager within Cleveland Police. Again, their comments did not alter the original recommendation for refusal.

The consultees that had been notified and the comments that had been received were detailed within the main report.

Neighbours were notified and the comments received were detailed within the main report.

The planning policies and material planning considerations that were relevant to the consideration of the application were contained within the main report.

The Planning Officers report concluded that the application be refused for the reasons as detailed within the officers report.

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

- Statements made by the applicant in terms of services provided by Cleveland Police were not accurate as confirmed by Cleveland Police who did not support the application.

- It was felt that the supporting statements received for the application were bizarre with some supporters living as far as 12 miles away.

- There had been conflicting information relating to parking spaces at the proposed site.

- Traffic concerns were raised due to 2 businesses already operating close to the proposed application which exacerbated parking on the road and kerbs causing safeguarding issues for pedestrians.

- The proposed application was in a residential area which was not appropriate for a firearms business. The business would be advertised, and people would know that there would be firearms at the property.

- This was normalising gun use.

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

- There was confusion over where the business sale and transaction would take place of the firearms.

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

- Officers understood that the transaction and processing of the business sale including the witnessing of the relevant licences of the purchaser would take place at the application site Portchester Place. The order would be placed and delivered to Portchester Place and then the customer would collect the firearm from there.

A vote took place and the application was refused.

RESOLVD that Planning application 23/1111/COU be Refused for the following reason(s):

1.Character

In the opinion of the Local Planning Authority, the proposed change of use would introduce a commercial use which is considered to be fundamentally at odds with the established residential character of the area due to the heightened fear of crime associated with the development. In addition, the introduction of a retail business for the sale of firearms and the associated security infrastructure required for the business is considered to erode the residential character of the area. It is considered that this would result in a discordant and inappropriate use that fails to respect the prevailing pattern of development. The proposal is therefore contrary to Policy SD8 of the Stockton on-Tees Local Plan and paragraphs 96(b) and 135(f) of the NPPF which seeks to ensure that development decisions to achieve safe places which are safe and accessible, so that the fear of crime does not undermine the quality of life or community cohesion.

2. Impact on the amenity of surrounding residents

In the opinion of the Local Planning Authority, the proposed development is considered to introduce a use which would erode the perception of safety and is therefore detrimental to the amenity of the surrounding residents. The proposed use is therefore inappropriate in a residential context and would be contrary to Policy SD8 of the Stockton-on-Tees Local Plan and paragraphs 96(b) and 135(f) of the NPPF, which seeks to ensure that development decisions to achieve safe places which are safe and accessible, so that the fear of crime does not undermine the quality of life or community cohesion.