Planning Applications featuring Change of Use from A1

Matt White made this Freedom of Information request to Wychavon District Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Sir or Madam,

I believe you are an authority with planning responsibilities
(according to http://www.theplanningdirectory.co.uk/au...),
apologies if this is not the case.

Can you please let me know the following relating to planning
applications featuring a change of use from A1 (shop), under the
Town and Country Planning (Use Classes) Order 1987.

In the last 5 years:

1) How many planning applications have you received featuring a
change of use from A1?

2) Of those applications in 1, how many of these were
retrospective?

3) How many planning applications have you received from Starbucks
(or their representatives) featuring a change of use from A1?

4) Of those applications in 3, how many of these were
retrospective?

Yours faithfully,

Matt White

Harris, Gemma, Wychavon District Council

Dear Mr White

Thank you for your Freedom of Information request, the contents of which
I note.

I hope to provide a full response in due course, within the 20 working
day time limit.

Yours sincerely

Gemma Harris
Legal Assistant
Legal & Support Services
Wychavon District Council
Civic Centre
Queen Elizabeth Drive
Pershore
WR10 1PT

DX: 25934 Pershore

Direct Dial: (01386) 565284

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Harris, Gemma, Wychavon District Council

1 Attachment

Dear Mr White

Having given consideration to your request, it is clear that your request is extremely wide-ranging.

In order to help us in collating the information you require, it would be helpful to us if you could provide some more information.

I can confirm that we have no received no planning applications from Starbucks (or their representatives), and indeed have no Starbucks café/coffee take away outlets within the district of Wychavon.

In terms of use classes, as you are aware A1 is defined as Class A1 - Shops (Use for all or any of the following purposes - (a) for the retail sale of goods other than hot food, (b) as a post office, (c) for the sale of tickets or as a travel agency, (d) for the sale of sandwiches or other cold food for consumption off the premises, (e) for hairdressing, etc). However, the definition of a café/coffee shop such as Starbucks, is a mixed use class. I refer to the attached High Court case, The Queen on the Application of Nero Holdings Limited -v- the Secretary of State for Communities and Local Government, which refers to a similar establishment to Starbucks as being a mixed use of A1 and A3. Therefore, if we provided the information as requested, I am doubtful whether this would, in fact, satisfy your query?

Furthermore, we do not categorise planning applications by particular change of use. To provide the information requested in (1) would therefore be extremely time consuming and would most likely take this request over the time/cost limits as defined by the Freedom of Information Act 2000.

I would be grateful if you would contact me to discuss the same. We do not wish to be obstructive, and would like to assist you in your enquiries wherever possible.

Yours sincerely

Gemma Harris
Legal Assistant
Legal & Support Services
Wychavon District Council
Civic Centre
Queen Elizabeth Drive
Pershore
WR10 1PT

DX: 25934 Pershore

Direct Dial: (01386) 565284

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Dear Gemma,

This sort of information is very useful, and partly relates to what I'm trying to establish. A number of planning departments do hold Starbucks to be an A3 use, rather than an A1 with ancillary A3.

Would you still be able to let me know the total numbers for A1 change of use, and those which were retrospective?

Yours sincerely,

Matt White

Harris, Gemma, Wychavon District Council

Dear Matt

Unfortunately the problem I forsee in providing this information is that it will take a considerable amount of time, as we simply do not hold information according to category of change of use, etc (nor are we required to hold information in this way). An Officer would literally have to go through all the planning applications over the last five years, which I am certain would take us over the cost/time limits as prescribed in the FOI Act 2000.

We do however publish details of all planning applications on our website and these are accessible at http://wychavon.whub.org.uk/home/wdc-pla... so you free to search through all past planning applications.

Please let me know if you would still like to receive this information, in which case I will have to calculate the cost of our fees in respect of this work, in accordance with The Fees Regulations (SI 2004/3244).

Yours sincerely

Gemma Harris
Legal Assistant
Legal & Support Services
Wychavon District Council
Civic Centre
Queen Elizabeth Drive
Pershore
WR10 1PT

DX: 25934 Pershore

Direct Dial: (01386) 565284

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Dear Gemma,

Do you categorise to Change Of Use (not down to COU from A1, B1, etc)? If so, would you be able to supply me with an extract in Excel of the planning applications in the five year period involving any change of use, and providing the application proposal is included, I should be able to make a good estimate towards the figures.

Yours sincerely,

Matt White

Harris, Gemma, Wychavon District Council

1 Attachment

Dear Matt

We have been able to do this! Details of all Change of Use applications
(together with further details) during the last 5 years are included in
this Excel spreadsheet.

I hope that this will be sufficient for your purposes, but if it is not,
please do not hesitate to contact me.

If you have any concerns with the way your Freedom of Information
request has been dealt with please contact Mr Ian Marshall, Head of
Legal & Support Services, in the first instance. If he is unable to
resolve your concerns you have a right of recourse to the Information
Commissioner, who is the regulator for Freedom of Information.

Kind regards

Yours sincerely

Gemma Harris
Legal Assistant
Legal & Support Services
Wychavon District Council
Civic Centre
Queen Elizabeth Drive
Pershore
WR10 1PT

DX: 25934 Pershore

Direct Dial: (01386) 565284

show quoted sections