Representations

Highway Engineer confirms no highway implications.

Shanklin Town Council are opposed to application on the grounds of the loss of retail use in a prime location.

Environmental Health recommend hours of operation condition to protect amenity of neighbouring properties.

Consultation from Licensing Enforcement Officer explaining the process required for an application of this nature. The permit for the use of the amusement arcade will have to go to the Licensing Panel where certain appropriate conditions would apply if planning permission was forthcoming.

Building Control Officer has confirmed Building Regulations application would be required for change of use.

Four letters of representation have been received which can be summarised as follows:

Loss of retail shop.

Inappropriate location, detrimental to area.

Encourage anti-social behaviour having adverse impact on tourist trade.

Adverse effect on residential flats above premises.

Trade objection on grounds of loss of trade to existing Esplanade arcade and potential subsequent loss of employment/income.

Evaluation

This is an application for change of use from gift shop to amusement arcade. The premise is located close to the junction of High Street/Victoria Avenue. There are no proposed external alterations to the property and the internal layout will consist of slot machines at the front of the premises suitable for any age with a designated area to the rear for over 18 year olds and a stock room and WC. in between. Four staff will be employed as a result of the proposal. The site is within the Shanklin town centre but outside of any retail only frontage.

The following policies are considered relevant in respect of the Isle of Wight Unitary Development Plan:

D1 - Standards of Design; G10 - Potential Conflict Between Proposed Development and Existing Surrounding Uses; R13 - Amusement Centres.

Policy R13 states that planning applications for amusement centres will only be approved where they are located in a defined town centre outside the retail only frontage and any Conservation Area and there is no loss of amenity to adjoining areas and properties. Main planning consideration therefore relates to impact on the amenities of locality in respect of noise, disturbance, vehicular and pedestrian movements and visual appearance. Moral issues concerning such uses will be considered by the licensing authority independently from the planning considerations.

Advice in PPG6: Town Centres and Retail Developments, Annex D sets out the Government's policy on the location of the amusement centres:

"Amusement centres are most appropriately sited in secondary shopping areas, or in areas of mixed commercial development."

It advises that account should be taken of likely impact on the neighbourhood of disturbance generated. Further, that Local Authorities should bear in mind that planning and licensing are two separate control regimes, intended to address separate issues.

Advice in Circular 1/84: Crime Prevention suggests that provision of leisure facilities is useful in the fight against crime, may be used to argue that amusement centres have a positive benefit in keeping youngsters off the streets.

Circular 5/94: Planning Out Crime refers to policies aimed at fostering the vitality and viability of town centres (PPG6) should be used to encourage the development of recreational and cultural facilities that bring life to urban areas after dark.

It is a common stance by Inspectors and indeed the Secretary of State that the hypothetical effects of a proposed land use which could lead to breaches of the law are best left to the appropriate authorities to deal with.

With regard concerns relating to loss of retail, the site is outside any retail only frontage and therefore a refusal on these grounds would be unsustainable. In assessing the concerns relating to impact on residential flats above and amenities of area in general, it is relevant that this is a busy town centre location with existing mix of uses and government advice seeks to promote the viability and vitality of town centres. Environmental Health recommend restriction on hours of operation to prevent annoyance and disturbance from noise emissions from the premise. Loss of trade objection is not a material planning consideration.

Reason for Recommendation

Having given due regard and appropriate weight to all material considerations, I am of the view that the proposal is for an appropriate use and appropriately sited, accords with policy and recommend accordingly.

                       Recommendation - Approval

Conditions/Reasons: