Planning Potential were successful in demonstrating that a change of use from A1 to A2 would not harm the vitality or viability of the frontage or centre, and subsequently won the enforcement appeal.
Speedy Cash + opened a Concept Store at 19 The Broadway, Wood Green. This unit was part of a new brand offer where Speedy Cash would also provide significant retail sales – including electrical items – as well as offering loans. As such, the client did not seek planning permission for A2 use prior to occupying the unit, which was formerly a shop.
When an enforcement notice was issued, we instructed counsel to provide further advice on the lawful operation of Speedy Cash +. An enforcement appeal was lodged (written representations) arguing that either no breach of planning control had arisen, or that planning permission should be granted for Class A2 use.
Having considered the evidence we prepared, the Inspector allowed the appeal on the grounds that a change of use from A1 to A2 would not harm the vitality and viability of the frontage or centre.
The Inspector concluded:
“I accept that the “money shop” provides financial services, which might facilitate multi-purpose journeys to the centre. On this basis the use would encourage footfall and trade in the centre, which would add to its vitality and viability. Appellant A’s unchallenged calculation is that in the town centre as a whole approximately 71.5 % of the 347 units are in A1 use. On this basis I am satisfied the use would not have an adverse effect on the predominantly retail function of the centre as a whole.”
“I conclude that the change of use would have no adverse effect on the character, vitality, viability and function of the secondary frontage and the town centre.”
Summary of achievements
- Instructions to counsel
- Coordination and preparation of Enforcement Appeal
- Management and monitoring of Appeal
- Preparation of an evidence base to support proposals
- Successfully secured planning permission to enable the ongoing
operation of Speedy Cash +
