Commercial unit change of use at Moorland Stores & Post Office School Road, Kirkby-in-Furness
Summary of planning committee decision
Decided by Westmorland And Furness South Lakeland Local Area Planning Committee on 16 Oct 2025.
What was proposed
The application sought to change a vacant unit from community use to a wider commercial, business and service use, without external alterations.
“SUMMARY 1.1 The application site consists of a small single-storey commercial unit falling within Use Class F2 (community use). The unit was previously occupied as a village store. Planning permission has previously been refused for the partial conversion of the commercial unit to form part of an adjacent residential dwelling on the basis that the previous application had failed to demonstrate that the community use of the commercial unit was unviable.”
“The application has been supported by evidence of over a year of marketing of the property for let without any meaningful offers. The applicant has demonstrated that the existing unit is not viable due to the use class it currently falls within and the proposed use is considered appropriate for the location. Therefore, the application has demonstrated that the proposed change of use is acceptable. RECOMMENDATION 2.1 The application is recommended for approval.”
Officer report
What officers recommended
Approval was recommended because the unit had been marketed for over a year without meaningful offers, alternative community uses were not viable, and residential amenity would not be significantly affected.
“The level of marketing is considered proportionate and the proposed letting cost is considered reasonable as it is the same or less than similar properties advertised for let within the wider area. The applicant has stated that the unit “has been actively marketed for lease for a continuous period of over 12 months, without securing any interest or viable offers”.”
“CONCLUSION 9.1 The application has demonstrated that the existing community use is unviable and officers accept that, due to the size limitations of the unit, alternative community uses are not viable. Additionally, the proposed use is considered acceptable as it would not give rise to significant impacts on residential amenity. Therefore, it is recommended that planning permission be approved.”
Officer report
Objections received
Six objections concerned local food shops, transport, the unit’s size and marketing, internal fittings, parking, the original intention for the shop and a missing wall.
“REPRESENTATIONS 6.1 6 objections were received. The reasons for objection are as follows: - The lack of food shops within the wider locality; - The poor bus services within the area, and the infrequency of train services; - The size of the unit, the level of marketing, the lack of internal shop furniture; - The limited parking within the vicinity; - The original intention for the shop to be retained; and - The lack of internal wall shown on the submitted floor plans.”
Officer report
Members’ discussion
Members discussed the unit’s limited size, possible future applications and residential conversion rights, and considered the proposal acceptable despite limited community benefit.
“Members’ attention was drawn to a site plan, indicating the red line boundary of the site and photographs of the site and surrounding area. It was noted that the applicant had marketed the property for a period with no substantive offers which highlighted the lack of viability for the unit.”
“The Senior Planning Officer responded to questions from members. He noted that the size of the property would limit the type of business that could occupy the unit and that there may be further applications regarding this site due to its limitations. Following further questions, he explained that permitted development rights to convert the unit to a residential unit would not immediately apply but may apply in the future.”
Minutes
The vote
Members voted unanimously to approve the application.
“Members noted that there was no real community benefit to the property, noting the applicant’s viability tests. They felt that that the application as it stood was acceptable. A motion to approve the application was moved and seconded.”
“RESOLVED, that planning permission be granted, subject to the following conditions:-”
Minutes
The decision
Planning permission was granted for the change of use, subject to a three-year commencement condition and compliance with the submitted plans.
“Condition (1) The development permitted shall be begun before the expiration of three years from the date of this permission.”
Minutes
Sources
- Westmorland And Furness South Lakeland Local Area Planning Committee minutes, 16 October 2025
- Agenda and papers (council website)
Source: Plota analysis of Westmorland And Furness's committee minutes and officer report. Quotations are the council's own words; headings and summaries are Plota's.
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See the API →At the meeting
- Council
- Westmorland And Furness
- Date
- Thursday 16 October 2025
- Recommendation
- Officers recommended approval
- Committee decided
- Approved
- Vote
- Unanimous
- Minutes
- The council's minutes
- Meeting
- Agenda and papers (council website)
- Application
- The application (council website)
- All decisions
- Westmorland And Furness committee decisions →
This committee's year
9 decisions in the 12 months to this meeting.
Source: Plota analysis of the committee's minutes.