I have highlighted the Council Solicitor's key point in BLUE from the decision.
I note that Inspector Miles, when determining the planning application, refused planning permission for a change of use to residential use on the grounds that the loss of this use would result in an inadequate provision of laundrette services. The Town and Country Planning regime and the Assets of Community Value regime are, however, two different regimes and require the application of two different sets of criteria. I am not therefore bound by Inspector Miles’s findings.
After receiving the decision I asked:
In my submission I stated:
The empty unit is currently being advertised for let as a high street retail premises.
However, there is a prevailing view within the community that this marketing exercise is superficial, and that the owner ultimately intends to submit a further application to convert the premises into residential use. One existing commercial tenant from the parade opposite commented via email: “I believe the landlord will now just continue to advertise it for a time, likely with high rent and poor terms, then go back to the council to lament that they can’t rent it.
The landlord WEL responded:
3.1. As previously mentioned, the unit is currently being marketed and WEL are examining offers. No launderette operator has come forward offering a reasonable rent.
3.2. This unit has been vacant for some years now and WEL are keen to see a return of occupation in some form. If a reasonable offer had been received, it would have been accepted. Alternative uses require a change of planning and therefore more time wasted.
I can't find a response to the specific assertion made by the commercial tenant opposite Sparkle. Do you believe the assertion is without basis?
Answer from Council Solicitor: "As I have now reached my decision upon this nomination, it would not be appropriate for me to enter into further discussions of my reasons."
Finally, I want to share Eddie's (the owner of Sparkle) submission to the application:
"By taking away Sparkle Laundrette, you have also taken away a quiet corner of community life. After taking over the laundrette, we focused on turning the Laundrette into a friendly space, where we established close connections with the local residents who had previously felt isolated in the village of Merstham. Multiple vulnerable and elderly people reached out to us about needing help with laundry services, many of these being disabled, which meant they could not frequently dry or wash when they needed to. This motivated our free laundry services; we drove to and from residents’ homes, collecting any clothes or duvets that needed washing and drying. During our time at Sparkle Laundrette, there was a strong connection developed between our company and the locals of Merstham, who we are still in contact with today and who we are still trying to help with laundry."
