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Pharmacy Planning Update

A Planning Inspector has granted temporary permission for a new home/internet pharmacy in West Yorkshire, to allow the use to be monitored by the local planning authority with a view to assessing impact on parking and residential amenity.

Planning permission was refused by City of Bradford Metropolitan Borough Council for change of use of the ground and first floor of a terraced house, from C3 residential to an internet pharmacy - which in this case was classified as a sui generis use (ie a use not falling within any of the classes set out in the Town and Country Planning (Use Classes) Order 1987).

The Council was concerned that the proposal would, in virtue of the external signage and internal layout proposed, attract passing trade, which, in addition to increased traffic to and from the business by staff, customers, suppliers and delivery vehicles, was deemed an inappropriate commercialisation of the residential area, with an adverse effect on residential amenity through noise, general disturbance and increased pressure on limited on-street parking.

The Appellant argued that the type of signage and the size and layout of its internal counter could be adequately controlled by planning condition, and that, fundamentally, its proposal would not include provision for any visiting members of the public (a matter which would be controlled by its dispensing licence in any event).

It would be a strictly internet based dispensing service, which would operate on a small scale basis with two short stay deliveries per day, outside peak hours at 10.30am and 4pm.

The Appellant suggested that a temporary 12 month permission, in line with its 12 month dispensing licence, would be an appropriate fallback position to a permanent consent, to allow delivery and parking issues to be monitored by the Council. The Inspector agreed.

This article was written by Tim Jenkins.

For more information please contact Tim on +44 (0)1483 252529 or tim.jenkins@crsblaw.com.