Case 3342245

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP

Reigate and Banstead Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
28 October 2024
Authority
Reigate and Banstead Borough Council
Inspector
Miles H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Woodcote Estates Ltd
LPA reference
23/02590/PAP3MA
ONS LPA code
E07000211
Jurisdiction
Transferred
Link status
Not Linked
Start date
29 May 2024

Summary AI

The appeal to convert a laundrette to a dwellinghouse has been dismissed due to the impact on laundrette services and the reasonable prospect of the building being used for this purpose.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision Site visit made on 16 October 2024 by H Miles BA(hons), MA, MRTPI an Inspector appointed by the Secretary of State Decision date: 28 October 2024 Appeal Ref: APP/L3625/W/24/3342245 Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class M of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Woodcote Estates Ltd against the decision of Reigate and Banstead Borough Council. • The application Ref is 23/02590/PAP3MA. • The development proposed is Change of use to dwellinghouse.. Decision 1. The appeal is dismissed. Preliminary Matters 2. Under Article 3(1) and Schedule 2, Part 3 Class M of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (the GPDO), planning permission is granted for the change of use from a laundrette to a dwellinghouse subject to limitations and conditions. 3.

Page 1 · Chunk 1 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision Where an application is made for a determination as to whether prior approval is required for development, paragraph W provides that the local planning authority may refuse the application where it considers that the proposed development does not comply – or that the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with the conditions, limitations or restrictions that are applicable to such permitted development. 4. Of relevance to this appeal Paragraph M.2 (1) (D) (i) states that prior approval will be required as to whether it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order because of the impact of the change of use on adequate provision of services of the sort that may be provided by a building falling within article 3(6)(c) (launderette) of the Use Classes Order, but only where there is a reasonable prospect of the building being used to provide such services. Planning Policy 5.

Page 1 · Chunk 2 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision Part 3 Class M of the GPDO establishes that change of use from a laundrette to a dwellinghouse is permitted development and therefore is accepted in principle by virtue of the legislation. Furthermore, in these circumstances, there is no requirement to have regard to the development plan as there would be for any development requiring planning permission. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision Part 3 Class M of the GPDO establishes that change of use from a laundrette to a dwellinghouse is permitted development and therefore is accepted in principle by virtue of the legislation. Furthermore, in these circumstances, there is no requirement to have regard to the development plan as there would be for any development requiring planning permission. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision Appeal Decision APP/L3625/W/24/3342245 6. Nevertheless, Policy RET3 of the Reigate & Banstead Local Plan Development Management Plan (2019) is a material consideration but only insofar as it relates to the matters, and only as evidence to support the planning judgment to be made. In these areas Policy RET3 requires that for proposals resulting in a loss of retail and community uses, a 6 month marketing exercise is required. This is in order to protect shops, services and facilities which serve the local needs of communities that are easily accessible from pressure from alternative uses. 7. I have been provided with an evidence base document for the draft local plan which sets criteria the local centres should satisfy. Whilst the other commercial units on this side of the road have been lost, there is a parade of commercial units on the opposite side of the road, and 50 Nutfield Road is clearly linked with this group. As such, for the purposes of this appeal the appeal site is part of a local centre. 8. Similarly, the National Planning Policy Framework is also a material consideration, and this includes the government’s aim to boost the supply of homes. Main Issues 9.

Page 2 · Chunk 5 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision The main issue is whether or not it would be undesirable for the building to change to a use falling within Class C3 (dwellinghouse), having regard to the provision of laundrette services and whether there is a reasonable prospect of the building being used to provide laundrette services. Reasons Provision of launderette services 10. The closest alternative Laundrette is in the centre of Redhill, around 2.5km away or a 22min bus journey. This would be an unreasonable walking or carrying distance or impractical for carrying loads of laundry. I am not provided with detail that there are laundry or dry cleaning services who provide the same function with drop off/pick up. Consequently, I am not satisfied that there would be any laundrette service in Merstham. As such, the loss of this use would result in inadequate provision of launderette services. Prospect of the building being used to provide launderette services 11. The operation of the launderette that was previously operating has ceased and the building has been vacant since 1st August 2023. 12. The adjoining units between nos 42-56 are undergoing refurbishment works. Aside from no.

Page 2 · Chunk 6 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision 50, permission has been granted for residential use of these properties and external refurbishment to elevations as well as structural repairs appeared to be ongoing at the time of my site visit. 13. The appellant has provided detail that there are structural defects with 50 Nutfield Road. The remediation of which will include the removal and reinstatement of the ground floor structure and the removal of the external ventilation system. In order to comply with building regulations further works including alterations to the electricity supply, the removal of the gas supply and the removal of asbestos and the consequent replacement of ceilings which has lowered ceiling heights are also being undertaken. This would result in a https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision Appeal Decision APP/L3625/W/24/3342245 void commercial use requiring a full internal and external fit out to bring it back into viable use. 14. There would be costs associated with this and the appellant states that this is likely to be unattractive to tenants. However, I do not have substantive evidence, such as marketing evidence, which demonstrates that a tenant or owner could not be secured to operate a launderette at this premises. Therefore, in the absence of such detail, I am not satisfied that an operator could not be found to run this property as a launderette. 15. A launderette has previously operated with residential units nearby including directly above. Foot and vehicle traffic, as well as any socialising, throughout the day is likely to differ from a takeaway restaurant such as that which was previously next door. Therefore, I am not satisfied that a launderette use could not operate without noise and disturbance to neighbouring occupiers. 16. Therefore, for the reasons set out above, there is a reasonable prospect of the building being used to provide laundrette services. 17.

Page 3 · Chunk 8 Appeal Decision

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — Appeal Decision Consequently, it is undesirable for the building to change to a use falling within Class C3 (dwellinghouses) of the Schedule to the Use Classes Order because of the impact of the change of use on adequate provision of services of the sort that may be provided by a building falling within article 3(6)(c) (launderette) of the Use Classes Order, and there is a reasonable prospect of the building being used to provide such services. Therefore, the proposal would not comply with Paragraph M.2 (1) (D) (i) Other Matters 18. Reference has been made to the social and economic benefits associated with the provision of housing. These matters relate to the principle of the development, which is accepted by virtue of the legislation. Therefore, they do not alter my conclusions with regard to the main issues considered as part of this appeal. Conclusion 19. For the reasons given above the appeal should be dismissed.

Page 3 · Chunk 9 H Miles

Sparkle Launderette, 50 Nutfield Road, Merstham, REDHILL, RH1 3EP — Reigate and Banstead Borough Council — H Miles INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Flood risk
Against appellant
¶10

The closest alternative laundrette is 2.5km away, making it impractical for carrying loads of laundry.

Living conditions
Against appellant
¶11

The building has been vacant since August 2023 and there is no evidence of a tenant or owner who could operate a launderette at this premises.

Living conditions
For appellant
¶15

A launderette has previously operated with residential units nearby, and it is likely that a launderette could operate without noise and disturbance to neighbouring occupiers.

Living conditions
Against appellant
¶17

The proposal would not comply with Paragraph M.2 (1) (D) (i) as there is a reasonable prospect of the building being used to provide laundrette services, thus it is undesirable for the building to change to a dwellinghouse.

Policies relied on

Reference Weight
GPDO
Determinative
NPPF
Moderate
RET3
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 28 October 2024 under the Open Government Licence.