Planning Commentary May 2008
Site and Surroundings
The site accommodates a petrol filling station and is located approximately 1 mile south west of Leicester city centre, on the corner of Narborough Road and Walton Street. The site is accessed from Narborough Road. The site, which consists of a petrol filling station forecourt and shop, operates on a 24 hour basis
The site is located in a predominantly residential area, albeit another petrol filling station (Leigh Service Station) is located in close proximity to the site, further north, and on the opposite site of the road. The surrounding uses also comprise small retail units, including a chemist directly adjacent to the site.
Planning History
A desktop review of the planning history for the site indicates that the site was established as a petrol filling station in 1958, and since this date there have been a number of applications seeking improvements to the petrol filling station (a full schedule of planning history is below at Appendix 1). The principle of alternative uses has yet to be tested by a planning application.
Local Planning Policy
The Development Plan comprises the City of Leicester Local Plan, which was adopted in January 2006. The Council are currently preparing a Local Development Framework, which will ultimately replace the Local Plan, albeit it is currently at an early stage and there are no documents relevant for development control purposes at present.
The Proposals Map of the adopted Plan confirms that the site does not benefit from a specific allocation, but lies partially within “Narborough Road District Centre”, as well as a “Primary Residential Area”. It also confirms that the land to the west of the site, across Narborough Road is in a Conservation Area.
Elsewhere within the Local Plan, policy confirms that:
- Within District Centres, the Council seek to ensure a mix of compatible uses, which are sympathetic to the character of the area and do not have a detrimental impact on the vitality and viability of the City Centre;
- Proposals for new retail development within shopping centres, whose scale is consistent with the size and function of the centre concerned, will be acceptable, subject to demonstrating a number of different criteria (Policy RO3);
- The use of the ground floor of premises within shopping centres for offices (Use Class A2) will be permitted subject to compliance with a number of criterion (Policy RO4);
- Proposals for the use of premises within shopping centres for food and drink purposes (Use Classes A3, A4 and A5) will be permitted, subject to the applicant demonstrating that a number of criteria are satisfied (Policy RO5), and
- Within Primarily Residential Areas, planning permission will be granted for development for residential purposes (Class C3 uses), subject to normal development control restrictions (Policy H1) and, indeed, non-residential uses within such areas will not be granted (Policy H13).
Officers View
Discussions have been held with Keith Busby, Planning Policy Officer at Leicester City Council, who confirmed petrol filling stations are not considered ‘employment uses’ in terms of policy, and therefore the principle of the loss of the petrol filling station was likely to be acceptable. The Officer further confirmed that a number of uses are acceptable in District Centres, including retail, offices, food and drink, and residential uses.
In these terms, he confirmed that a mixed use scheme of retail (or commercial) at ground floor with residential above is likely to be considered acceptable in principle, and would indeed constitute a preferred option for the site.
The Officer also confirmed that the Council do not oppose schemes comprising solely residential development within District Centres, and due to the location of the site, surrounded by residential development, there may be scope for a full residential scheme, subject to normal development control considerations.
Planning Discussion
The change of use of the site to alternative uses is likely to be considered acceptable in principle, and any alternative use would be assessed in light of its likely impact on the character of the local area and residential amenity. In these terms, retail, offices, food and drink premises, and residential uses may be considered acceptable, subject to specific criteria and normal development control considerations.
As previously stated, the site is located partially within the Narborough Road District Centre and a Primary Residential Area. Development on the site may provide an opportunity to integrate the two uses, by providing a mixed use scheme. Surrounding development is predominantly two-storey. In these terms, the scale of any proposals on the site would need to respect the bulk and scale of its surroundings.
Conclusion and Recommendations
The loss of the petrol filling station is likely to be acceptable in principle, and alternative uses will be considered by the Council, having regard to surrounding development. In these terms, there may be scope to secure consent for residential, retail, office or food and drink use. Discussions with the Council also indicate that a mixed use scheme combining retail and residential elements is a beneficial option for the site.
APPENDIX 1 - SCHEDULE OF PLANNING HISTORY
| REFERENCE | DESCRIPTION | DECISION | DATE |
| 00482915 | Demolition of existing buildings and redevelopment of site as garage and petrol filling station | Approved | 14/03/1958 |
| 044829A | Change of use of the Olympia Cinema to any of the following uses as specified in the Town and Country Planning (the classes) Order, 1750: Class I, X, XIIX | Approved | 14/03/1958 |
| 018708 | Installation of paraffin vending machine and storage tank | Approved | 11/04/1969 |
| 023453 | Provision of illuminated fascia and pole signs | Approved | 17/12/1971 |
| 022277 | Redevelopment of petrol filling station premises by the erection of a new forecourt canopy, motorists shop and car wash | Approved | 16/07/1971 |
| 19751158 | Alterations and extension to car wash to form offices to petrol filling station | Approved | 22/09/1975 |
| 19741209 | Additional use of car wash between 18.00 and 20.00 hours Monday to Saturday and 10.00 and 16.00 on Sundays | Refused | 24/02/1975 |
| 19831869 | Installation of illuminated signs | Approved | 28/11/1983 |
| 19831507 | Use of petrol filling station shop as retail shop and store | Approved | 18/10/1983 |
| 19871864 | Installation of 4 storage tanks | Approved | 06/11/1987 |
| 19870612 | Provision of illuminated canopy fascias and 2 projecting box signs | Approved | 12/06/1987 |
| 19870611 | Erection of illuminated freestanding gantry sign | Approved | 12/06/1987 |
| 19870610 | Demolition of existing petrol filling station and rebuilding of new petrol filling station and shop | Approved | 05/06/1987 |
| 20031766 | One internally illuminated double sided pole mounted display unit | Refused | 28/10/2003 |