A BID to divide a huge Halesowen building into three shops has been turned down by council planners.
Developer JLE Ventures had already been granted permission to demolish the "distinctive" former House and Haven showroom on the corner of Mucklow Hill and Long Lane, but the firm's bid to build an Asda and Starbucks in its place, was thrown out last November after more than a hundred objections were submitted.
The developer then lodged an application for a lawful development certificate to keep the existing building and divide it into three shops, on April 23.
The proposed layout by Pinnegar Hayward Design (Image: The proposed layout of the three retail units)
But council planners refused to grant a certificate, with the decision announced on June 13.
This means that a full planning application must be submitted if the firm wants to attempt to go ahead with the proposal.
A report by planners states that the premises has been operating as a retail unit for a maximum of eight years, not a continuous period of ten years or more which is required to secure an Existing Certificate of Lawful Development for shops.
The report states that planning permission was granted in 2014 to convert the former motorbike showroom into three shops, but this was never implemented.
Planners said: "The change of use of the former motorcycle showroom (Streetbike) to 3No. retail units has never been implemented, and therefore, the lawful use of the premises would revert back to the original use as a motorcycle showroom" - a use that was granted in 1999.
They went on to say that "it is noted that the premises has been operating as a kitchen showroom in recent years.
"However, the evidence available on Google Street View and as part of previous site visits to the vicinity over the last ten years suggests that the premises was converted to a retail use after April 2015 but before April 2016."
They go on to say that the premises was vacant on 31/08/2023.
A report states: "This evidence suggests that parts of the premises has been operating as a retail unit for a maximum of 8 years, thereby failing to demonstrate that the premises has been operating in a retail use continuously for a period of 10 years or more to secure an Existing Certificate of Lawful Development for the suggested retail use."
The application from JLE Ventures did not state what the shops would be or give any further details.
One hundred and forty-six letters of objection were received to the proposal to demolish the former showroom and build the Asda and Starbucks on the land last year.
Concerns were raised over neighbours being affected by noise, light and air pollution and that there were worries about cars exiting onto the busy road.
Planners said at the time that the proposed Asda and Starbucks would "result in the loss of the traditional brick-built landmark building that forms a non-designated heritage asset within the Borough."
They added: "The building has been recognised on the Historic Environment Record as a 1950's purpose built garage that forms a very distinctive corner building of architectural merit."
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