PLANNING STATEMENT

Ashley St Works, Cavour St (off Holme Road), Burnley, BB12 0BJ

Change of Use from Class B1 and B8 to Class D2 (Crossfit Gym)

Pendle Enterprise Haven,

138 Every Street,

Nelson,

Lancashire,

BB9 7EX

September 2013

Pendle Enterprise Haven,

138 Every Street,

Nelson,

Lancashire,

BB9 7EX

February 2014

1

1.0 Introduction

1.1 This Planning Statement supports an application that seeks to

change the use of a unit, which has planning permission for

Use Classes B1 and B8 to a Crossfit Gym (Class D2).

1.2 The proposal seeks to provide a specialist fitness class based

gym which is currently not available in the local area and

which demands a certain type of accommodation, namely large

floor to ceiling height and an open clear internal space.

1.3 This statement seeks to show that the proposal will not result

in the unjustified loss of employment space and that no

sequentially preferable sites are available having regard to the

particular requirements of the proposed use. It will also set out

how no other harm is envisaged in terms of highway safety

and residential amenity, and the significant benefits the

proposal will bring in terms of employment and health

benefits.

2

2.0 Application Site and History

2.1 The application site is located off Holme Road, just off

Junction 11 of the M65. The unit is the latest addition to a

collection of traditional industrial units now used for a range

of purposes including: a furniture manufacturer and showroom

(Use Class B2/A1); a pet supplies store (Use Class A1); a wheel

balancing service (Use Class B1(c) / B2 ~ currently closed); an

engineering / industrial distributors (Use Class B8); a steel

fabricators (Use Class B2) and a garden centre (Use Class A1).

2.2 The application building is detached, two storey, and of

modern construction consisting of a stone plinth and red brick

above with a grey clad roof. Planning permission was granted

in 2006 (LPA Ref No. APP/2006/0749) and construction took

place gradually over the last few years. Since its substantial

completion in 2012, the building has remained vacant. The

unit has a floorspace of circa 170 sqm.

Figure 1: Application Site

3

2.3 Dedicated car parking is provided in a parking area off Holme

Road and to the front and side of the building, there is ample

shard parking as well on-street provision along Holme Road.

2.4 There is one planning application of relevance to the site (LPA

Ref No. APP/2006/0749) which is the consent for the building

subject to this application. Permission was granted for the

erection for a new workshop and offices. As previously

mentioned, the building has not been occupied since its

construction and therefore has not been utilised for any of

these purposes.

4

3.0 Proposed Development

3.1 The proposed development seeks to change the use of the

vacant building from a workshop and offices to a gym based on

the 'Crossfit' fitness regime.

3.2 Whereas a traditional gym is open for use throughout the day

and users can drop in and exercise on their own accord, the

Crossfit model is based around a series of classes with

typically 12 to 16 people and 1-2 trainers. Given the size of the

site, this is effectively the maximum number than can be

accommodated in a class. The classes have a usual duration of

1 hour and are based upon high intensity movements.

3.3 The nature of the classes requires a large unimpeded space

(free from pillars or other obstructions) and a minimum size of

around 170sqm to accommodate the above numbers. In

addition to the floorspace requirements, a central part of the

Crossfit Gym is a pull up rig, gymnastic ring and a rope climb

which require a internal height clearance of circa 3.5 metres.

Figure 2: Typical Crossfit Gym - Open Space and High Head Clearance

5

3.4 As illustrated by the previous image, the layout of the gym is

different to that of a traditional mainstream gym - there are

few heavy machines and weights and instead, a large open

plan area is essential to undertake class-based activities.

3.5 The hours of use are generally early in the morning and in the

evening to cater for people before and after work. This use

proposes to open from 6am-11am and 4.30-8.30pm during

weekdays and 9am-12pm/10am-12pm on Saturdays and

Sundays.

3.6 The nearest Crossfit Gyms are in Clitheroe, Skipton and North

Manchester and there is strong demand in the local area for

an alternative fitness regime to the traditional gym, which is

what this proposal looks to provide.

3.7 The development benefits from dedicated and shared parking

on-site and there is ample space to park on Holme Road.

6

4.0 Policy Context

4.1 Burnley Local Plan (2006) comprises the Development Plan for

the area, all the policies within which are saved. Preparation

of an Emerging Local Plan is underway which will eventually

replace the Burnley Local Plan (2006) however it is currently

at the early Issues and Options stage and resultantly has

nominal weight in the decision making process. The National

Planning Policy Framework set out the Government’s national

policies on different aspects of land use planning in England.

This section sets out the main policies of relevance as well as

the thrust of national policy.

Burnley Local Plan (2006)

4.2 The Local Plan forms the main part of the Development Plan

and the following saved policies are considered to be of

particular relevance.

• Policy EW1 allocates this site for B1, B2 and B8 uses.

The Princess Way corridor and the railway viaduct are

noted as forming significant gateways into the Borough.

The Council will seek to enhance the environment along

Princess Way.

• Policy W7: ‘Redevelopment Of Existing Employment

Land And Premises For Non-Employment Uses’ states

that outside the town centres, major industrial estates

and Economic Improvement Areas proposals to

redevelop existing employment sites for other uses will

be permitted when the applicant can demonstrate that:

7

- the continued use of the site for the current

employment use would cause unacceptable harm to

the character and amenity of the surrounding area;

or

- the site is no longer suited in land use terms for

continued employment use by reason of poor

vehicular access, incompatibility with surrounding

land uses, or poor access to public transport routes.

• Policy EW3 relates to proposals for new and expanded

leisure, tourist, arts and cultural facilities. The policy is

permissive of such uses outside of Burnley and Padiham

town centres where a set of criteria is met. The criteria

relates to the following areas:

- it is of a scale, character, design and appearance

compatible with its surroundings;

- it does not harm the residential amenity of local

residents;

- it would not create an unacceptable concentration

of one use class;

- it is accessible, or potentially accessible, by a

choice of means of transport;

- the road network, with any suitable improvements

proposed, is capable of accommodating predicted

traffic levels; and

- includes, where appropriate, training and

recruitment provision as required by Policy EW10

– ‘Development and Training Provision’ of the

Burnley Local Plan.

8

National Planning Policy Framework

4.3 The National Planning Policy Framework (NPPF) is a

statement of government policy in relation to planning matters

nationally. Council’s development Plans must accord with the

general principles detailed in the NPPF and it is a material

consideration in the determination of all planning

applications. It was introduced in March 2012 and replaced a

significant number of planning guidance notes and policies.

4.4 The NPPF seeks to ensure sustainability, together with the

impact on finite resources and the effects of global warming,

are fully taken into account in all future development

decisions. In particular it requires that there is a presumption

in favour of sustainable development where the proposal

accords with up to date local plan policies and states at

paragraph 19 that the Government is committed to ensuring

that the planning system does everything it can to support

sustainable economic growth. It is clear from these guiding

principles that Development Management is no longer simply

about scrutiny but instead should be a creative exercise in

making it easier to create jobs and finding ways to enhance the

places people live and work. Local Authorities are required to

work with developers to achieve the positive aspects identified

above.

4.5 It is considered that the following policies within the NPPF

are of particular relevance to the current submission:

� Section 1 – ‘Building a Strong Competitive Economy’

confirms the government’s commitment to ensuring the

planning system does everything it can to support

9

sustainable economic growth. To achieve this local

authorities should plan proactively to meet the

development needs of business and ensure they are not

overburdened with the combined requirements of

planning policy expectations. It also states that there is

a need to avoid the long term protection of employment

sites where there is no realistic prospect of the site being

used for that purpose. Applications for alternative uses

of land or buildings should be treated on their merits

having regard to market signals and the relative need

for different land uses to support sustainable local

communities,

� Section 4 – ‘Promoting Sustainable Transport’ requires

that Local Authorities should support patterns of

development that facilitate the use of sustainable modes

of development.

� Section 6 – ‘Promoting Healthy Communities’ recognises

that the planning system can play an important role in

facilitating social interaction and creating healthy

inclusive communities. In particular planning policies

and decisions "should plan positively for the provision of

shared space, community facilities, meeting places, sports

venues, cultural facilities, places of worship and other

local services to enhance the sustainability of

communities……".

10

5.0 Planning Issues

5.1 Section 36 (8) of the Planning and Compulsory Purchase Act

2004 requires that planning applications are determined in

accordance with the Development Plan unless material

considerations indicate otherwise. The policies of the

Development Plan have already been set out earlier in the

Statement and are appraised in this section.

5.2 The main issues relates to the principal of development - the

acceptability of locating the proposed fitness gym at the

application site. This remaining section focuses on this issue

as well as giving due consideration to matters relating

residential amenity and highway safety.

Principle of the Development

Compliance with Local Plan Policy EW1/5 and EW7

5.3 The application site lies within allocation EW1/5

‘Stoneyholme’, which identifies B1, B2 and B8 uses. Policy

EW7 does however allow for other uses where it can be

demonstrated that the continued use of the site for the current

employment use would not cause unacceptable harm to the

character and amenity of the surrounding area; or the site is

no longer suited in land use terms for continued employment

use by reason of poor vehicular access, incompatibility with

surrounding land uses, or poor access to public transport

routes.

11

5.4 In relation to Local Plan Policy EW7 the premises, which were

substantially completed in 2012, have lain vacant and have

not been used for their intended purpose of uses B1 or B2. The

premises currently makes no positive contribution to Burnley’s

economy nor does the vacant building assist in improving the

appearance of this important site in close proximity to the

M65. It is important to note that the site, although forming

part of the wider allocation EW1/5, was prior to the

development an overgrown, underused space (see images

below) and was ancillary land associated with the other nearby

units - it did not separately, form part of the employment land

supply. This speculative development has remained vacant

and has not accommodated any employment. Given the wide

availability of premises in the current economic climate, it

would seem illogical to keep the building vacant whilst

carrying out an extensive marketing campaign in order to

further prove that there is no market demand for the B-

Class use at this site. Indeed, the NPPF looks to avoid the long

term protection of sites where there is no reasonable prospect

of a site being used for that purpose (paragraph 22).

Figure 3: Aerial View of Site Pre-Development

12

Figure 4: Overgrown / Informal Area of Site (Pre-Development)

Compliance with Local Plan Policy EW3

5.5 Policy EW3 relates to proposals for new leisure facilities such

as the proposed Crossfit gym. The policy is permissive of such

uses outside of Burnley and Padiham town centres where a set

of criteria is met.

5.6 In accordance with this policy the proposal comprises the re-

use of a vacant building, which has not been used for its

intended employment purpose. The scale at around 170sqm is

entirely compatible with the surrounding uses, which include

other facilities visited by members of the public such as a

kitchen showroom and garden centre. In terms of residential

amenity, there are no residential properties within close

proximity of the site therefore the change of use would not give

rise to any such problems. There are no other similar uses

within the immediate locality, indeed there are no other

leisure uses at EW1/5 ‘Stoneyholme’ and therefore it would not

13

create an unacceptable concentration of one use class. The

site is within an accessible location with excellent motorway

access from the M65 and is well served by public transport.

Burnley Central Station is 10 minutes away to the south on

foot and within 15 minutes of the main shopping area:

Figure 5: Walking Distance to Town Centre

5.7 The principle of the proposed D2 use is compliant with Local

Plan Policies EW3 and EW1/5 and EW7 as demonstrated

above.

NPPF and Sustainable Economic Growth

5.8 The NPPF goes on to state that alternative uses should be

treated on their merits having regard to market signals and

the relative need for different uses to support sustainable local

14

communities. This proposal represents an opportunity to bring

back into use the application premises for an alternative use

which would otherwise remain vacant on the basis of the

evidence currently available and remove the potential

consequential problems associated with empty buildings

including disrepair, vandalism and a reduction in the business

profile of the area.

5.9 The NPPF (paragraph's 18-22) recognises that employment

generating uses are not limited to B Class uses and places an

emphasis on generating sustainable economic growth and new

jobs and investment. In this respect, the proposal will create

up to 3 jobs. Indeed the building currently generates no

employment and has failed to do so in the two years that it has

been substantially complete.

5.10 At the same time, the proposed change of use will not affect

the ability of a new or relocating business to find suitable

premises. Even a cursory search on the Regenerate Pennine

Lancashire Land and Property Database online shows a wide

range of properties from small starter units through to large

new design and build opportunities available.

5.11 Whilst every development should be considered on its own

merits, it is our view, for reasons set out in this section that

the specific circumstances of this application including the

generation of jobs, the bringing back into use a vacant

premises and the contribution that will be made to growth in

the local economy all warrant the approval of this application.

15

Compliance with the NPPF Sequential Approach

5.12 Local Plan Policy EW3 does not set out a sequential approach

for leisure uses; rather a set of criteria must be met. The

proposal’s compliance with these criteria has been provided

earlier within this section. However, the NPPF is a material

consideration in the determination of applications which

requires main town centre uses, including health and fitness

centres, to be located in town centres and for a sequential

approach to be followed if not:

"Local planning authorities should apply a sequential

test to planning applications for main town centre uses

that are not in an existing centre and are not in

accordance with an up-to-date Local Plan. They should

require applications for main town centre uses to be

located in town centres, then in edge of centre locations

and only if suitable sites are not available should out of

centre sites be considered. When considering edge of

centre and out of centre proposals, preference should be

given to accessible sites that are well connected to the

town centre. Applicants and local planning authorities

should demonstrate flexibility on issues such as format

and scale."

[NPPF, Para 24]

5.13 The applicant considers the nature of the proposal cannot be

accommodated in a town centre location given its a

accommodation requirements - namely the large unimpeded

spaces for the class centred activities, the need for high

ceilings to accommodate gymnastic and climbing movements

and tasks and an overall size requirement for 150-200m2.

16

Both Burnley and Padiham Centres were considered and a

wide range of search tools were used included an internet

search on key websites including Rightmove and

Regenerate PL. Local agents were also consulted and a 'street

audit' undertaken by the applicant of the search area. The aim

of this audit was to reveal any sites that may be available but

were not been marketed locally or online.

5.14 The sequential search has revealed that there are no suitable

or available properties in the nearest town centre locations or

on the edge of those centres. Appendix 4 contains a range of

typical sites that were considered in sequentially preferable

locations. Although the list is not exhaustive as the applicant

considered many more sites, the sites on the market of the size

desired are, unsurprisingly, terraced properties or other office

like premises which do not have the required layout or head

clearance. New build sites and sites that may have been

suitable for demolition and rebuild were excluded for viability

reasons as they would be beyond the reach of the applicant

who is proposing a new business startup. Given the lack of

available premises in the town centre, the proposal

sequentially is considered to be acceptable off Holme Road. If

the nature of the use is considered (e.g. opening hours in the

early morning and evening), it would be unlikely to generate

linked trips anyway to other shops/services and in this respect,

there would be no unacceptable impact upon the centres from

locating the proposal in the location sought.

5.15 Although the availability of suitable premises is a particular

problem in former mill town centres, there is significant

supply side evidence that other Crossfit gyms across the

country have also experienced similar problems and are

currently located on industrial estates and business parks in

17

out of centre locations. In fact, research by the applicant

indicates that less than 5 out of the 278 or so Crossfit Gyms in

the UK are not located in former industrial unit type premises.

Appendix 5 provides the address details of around two dozen

centres in Lancashire and Yorkshire. It also contains a plan of

the Crossfit Gym in Clitheroe which illustrates a typical

location in relation to the town centre.

Summary

5.16 This section has demonstrated that application site is vacant

and has made no contribution towards employment provision

since its completion two years ago. The support for the

proposal by national policy has also been set out including

reference to preventing the long term protection of sites and it

is imperative for sustainable economic growth which this

development will deliver in terms of jobs and investment.

5.17 The site’s reuse for a Crossfit gym complies with relevant

Local Plan policies and whilst the Local Plan does not require

a sequential assessment to be undertaken, this has been

considered in light of the NPPF which is a material

consideration. There are not considered to be any sites which

are available or suitable within or on the edge of the nearest

centres. In any case, the nature of the use (health and fitness)

and the size of the proposal is not considered to have a

detrimental effect on the health of those centres.

18

Highway Safety

5.18 The Council's Local Plan Policy TM15 requires that sufficient

parking provision is made and various other policies support

the location of services and facilities in accessible places.

5.19 Part of the rationale for locating the proposal on this site was

because it is accessible to both vehicle travel along the M65

corridor but also because it was within a comfortable walking

distance (<10 minutes) from surrounding residential

properties and excellent railway links from Burnley Central

Station.

5.20 Applying the Council’s Parking Standards set out at Appendix

3 of the Local Plan, 7 spaces are required to serve the 170sqm

facility. The site has dedicated parking for 3-4 cars on a

concrete hardstanding area off Holme Road. It is also served

by a large area of hard standing shared by the units and there

is ample space on Holme Road itself. The shared car park and

on-street parking are heavily under-utilised given the nature

of the surrounding units and can easily cater for the maximum

demand generated by around 15 attendees of the proposal.

5.21 In any event, the proposal does not involve a traditional gym

but is based around a series of classes which will take place

early in the morning or later in the evening when many of

these businesses are not in operation. Ample on street parking

is also available at these times. Other matters such as cycle

parking can be controlled by condition.

19

5.22 The proposal is located in an accessible location, provides

sufficient parking and is therefore not considered to have an

adverse effect on highway safety and complies with Policy

TM15.

Other Matters

5.23 The site is sufficiently far away from any residential

properties not to cause any harm to the amenity of local

residents.

5.24 The proposed use will contribute strongly to the Council's and

Government's agenda to healthy communities and well being

by providing a local specialist fitness service that is not

available in the local area. This is a significant material

consideration in favour of the proposal and one that receives

strong support from section 8 of the NPPF.

20

6.0 Conclusion

6.1 This proposal seeks to bring back into use a vacant building

which has no realistic prospect of being used for its intended

purpose given that current state of the economy and it not

having been used for its intended employment purpose since

completion in 2012. Whilst the proposed Crossfit use does not

fall within B-Class employment, it will generate a number of

new jobs and bring investment and therefore as we have

shown, represents sustainable economic growth.

Notwithstanding this, Policy EW7 permits alternative uses

such as this where the criteria is met, which has been shown

in this statement. The proposal also complies in full with the

requirements of Policy EW3 in terms of leisure development.

6.2 The unique nature of the Crossfit Gym meets a number of

Council and Government objectives to promote health and

well-being through an alternative and proven form of exercise.

This could only be beneficial in Burnley where a recent

observation from Public Health England concluded that the

health of people in the town is generally worse than the

England average whilst Female life expectancy is the sixth

worst in England. The specific requirements of the Crossfit

model require a large open plan space and a high ceiling

height - factors which mean that sites available in the nearest

town centres to serve the Burnley and surrounding area are

not suitable; this is evident given the predominantly 19th

century make-up of the inner areas of town and is also borne

out by evidence of other Crossfit Gyms across the country. In

any case, this statement has demonstrated that the nature

and size of the proposal is not however considered to have an

21

adverse effect on the health of Burnley or Padiham Town

Centres.

6.3 The site (although is an 'out-of-centre' location) is accessible

by a variety of transport modes, including sustainable travel

options and provides sufficient parking to meet its own needs.

The development raises no other adverse issues and for these

reasons, the Council is requested to approve the application.

Appendix 1 - Site Location

Figure 6: Application Site and Surroundings

Appendix 2 - Proposals Map Extract

Figure 7: Proposals Map Extract Showing the Application Site, Source: Burnley Online (2014)

Appendix 3 – Industrial Premises Search

Figure 8: Selection of available premises in Burnley

Source: Regenerate PL Online (2014)

Appendix 4 – Sequential Site Search

Modern refurbished offices -

converted older building with small

floorplate/pillars and not readily

adaptable - other occupiers and

restricted head heights in part - site

not suitable/available .

Older building with retail / office

permission. Smaller rooms/pillars

and limited head height restrict use

for Crossfit Gym purposes - site not

suitable.

Purposes offices with open plan

arrangement - however two storey

construction and increasing height

would require major structural work -

site not suitable.

Investment property - currently

tenanted and therefore unavailable

and for sale option renders unviable

due to capital outlay, like other

buildings in the Centre - terraced

property with a small floorplate - site

not available/suitable/viable.

Various properties on Standish

Street including 6, 18, 25, 36, 56.

As with Brown Street, terraced

properties with small overall sizes

and floorplates and height

limitations for the use proposed -

site not suitable or viable.

Suitably large open plan space with

suitable dance floor but first floor

only with limited head height - site

not suitable.

Ground floor only retail premises

and too small for the use proposed

- site not suitable.

Central location with good

accessibility. Building construction,

limited head height and multiple

existing users makes the building

unsuitable for use proposed, the

high specification finish also makes

renting and adaptation costly - site

not suitable or viable.

Appendix 5 – Location of Crossfit Gyms

CROSSFIT AFFILIATES IN LANCASHIRE

CrossFit Wirral

Unit 102 Argyle Industrial Estate

Birkenhead Wirral, Meyerside

CrossFit Liverpool

Unit 18-19 Love Lane

Liverpool, England

CrossFit Faction

Harrison Street Unit 5a, Golden Triable Industrial Estate

Widnes, Halton

CrossFit KSH

Unit 7 Lawrenson St

St Helens, Merseyside

CrossFit Wigan

Unit 4 Hemfield Court Makerfield Way

Wigan, Lancashire

Reebok CrossFit 3D

Unit D, 9, Brightgate Way,

Stretford, Manchester

CrossFit Central Manchester

Unit 9 Red Bank

Manchester, England

CrossFit Tameside

Unit 4, Lower Wharf Street

Ashton-Under-Lyne, Tameside

CrossFit Manchester

Pear Mill Industrial Estate, Stockport Road West, Lower Bredbury

Stockport,

Reebok CrossFit Spectrum

Unit 4, Kensington House, North Road

Preston, Lancashire

CrossFit Blackpool

Unit 6-7 Barrow Close, Whitehills Business Park

Blackpool, Lancashire

CrossFitClitheroe

Primrose Mill Primrose Road

Clitheroe, England

CrossFit East Manchester

Unit 3G Moss Mill Industrial Estate Woodbine Street East

Rochdale, Lancashire

CrossFit Central Lancaster

Unit 9, Lansil Walk, Caton Road

Lancaster, Lancashire

CROSSFIT AFFILIATES IN YORKSHIRE

CrossFit HG3

Unit 6B Pannal Business Park

Harrogate, England

CrossFit Harrogate

Unit 8A The Zone, Valley House, Hornbeam Park Aveunue

Harrogate, England

CrossFit Leeds

Unit 2 Education Road

Leeds, England

CrossFit West Yorkshire

Unit 9B Carlton Mills, Pickering Street

Leeds, West Yorkshire

CrossFit Defiance

Unit 5, Branxholme Industrial Estate

Bailiff Bridge, West Yorkshire

CrossFit Hull

Unit 10C, Gothenburg Way

Hull, East Yorkshire

CrossFit SC1

Unit 1, 30 Hoyland Road Ind. Est.

Sheffield, South Yorkshire

CrossFit Sheffield

Unit H 19, Prospect Rd Sheaf Bank Business Park

Sheffield, South Yorkshire

Figure 9: Location of Crossfit Gym in Clitheroe in relation to Town Centre