Builders’ merchant conversion at Former Sports Direct Fitness, Bury St Edmunds

What was proposed

The application sought permission to change an existing gym and its surrounding land into a builders’ merchant, with new 2.4-metre fencing.

“The proposals seek full planning permission for change of use of the existing gymnasium building (Use Class E) and its curtilage to a builders merchant. A builders merchants use does not fit neatly into any of the defined use classes and is therefore a ‘sui generis’ use, or a use in its own right.”

“The application also includes proposals for the construction of some new 2.4 metre high fencing in order to create secure outside storage areas around the sides and rear of the building.”

Officer report

The site and its history

The site is a commercial building in the Moreton Hall industrial estate, previously used as a gym, with an earlier retail conversion refused.

“The application site contains an existing ‘commercial’ building within the Moreton Hall industrial estate towards the northeast of Bury St Edmunds. The building was constructed as a factory but has been used more latterly (with planning permission) as a private gymnasium. The site has its own access off Easlea Road and contained car parking wrapping around the building (front to rear).”

“Reference Proposal Status Decision date DC/21/0427/FUL Planning application - change of use from gym (class E) to retail (class E commercial, business and service). Application Refused 5 January 2023 SE/00/2145/P Planning Application - Change of use and extension of former car showroom to health and fitness club (Class D2) and alterations to existing vehicular access Application Granted 21 September 2000 E/84/2304/P Erection of industrial unit with access for processing and…”

Officer report

What officers recommended

Officers recommended approval after concluding that marketing found no viable leisure or traditional employment use and that alternative facilities were available elsewhere.

“The policies of both the extant and emerging local plans, relevant to the protection of employment land both require demonstration, via a marketing campaign, that the site/premises are no longer required for the ‘traditional’ and common employment uses before alternative ‘fringe’ employment uses can be considered for approval.”

“Following receipt of the above decision, the owner of the premises placed the site on the market in order to find an alternative gymnasium/swimming occupier, The details were also flexible to include potential alternative employment related users. The applicant set out the outcomes of the marketing campaign within their planning statement in the form of a quote from their marketing agent:”

Officer report

Who spoke

A resident, the Residents’ Association chair and a ward member spoke against the application, while the agent spoke in support.

What members debated

Members regretted losing the former gym and pool, but considered that the applicant had completed the marketing required and discussed alternative community routes.

“A number of Members voiced disappointment at the loss of the former gym facility, particularly the swimming pool, but likewise recognised that the Planning Authority had required the applicant to do everything it reasonably could in respect of marketing the premises.”

“In response to a question regarding compliance with policy, the Senior Planning Officer confirmed that the application became compliant with policy as a result of the marketing exercise being undertaken. It was also clarified that whilst the marketing was purely for lease of the premises, if interest had been raised by a prospective purchaser then the applicant would of had to have declared this to the Planning Authority.”

Minutes