Dorset Council (Weymouth): In July 2024, we secured full planning permission and listed building consent for a comprehensive mixed-use development at Brewers Quay, Hope Square, Weymouth.
The approved development, which was designed by UAN Architecture, will be a residential-led development and includes alterations, extensions and the conversion of the listed building complex to provide a museum; 3 x Class E units; and 49 x Class C3 residential units.
Construction works are now well underway at the site and the commercial units have been extensively marketed by Savills. Despite this, the applicant has received no interest from retailers and restaurant operators. The applicant does not believe this reflects the location, but rather the wider current economic environment.
Therefore, the applicant approached us and sought our advice to expand the list of approved uses to include drinking establishments and other Class E operators, including a fitness provider (Use Class E(d)) and medical provider (Use Class E(e)). Due to the principles established by the Finney judgement, the specific reference to “3no. class E units” within the description of development was problematic and prevented any future amendment application seeking permission for alternative ‘non-class E’ uses, coming forward under Section 73 of the Town and Country Planning Act 1990.
Accordingly, we devised a two phase planning strategy. Firstly, we submitted a non-material amendment to the LPA in November 2025, which was duly approved and amended the description of development on the planning permission as follows: “Alterations, extensions & conversion of existing building to provide a museum; 3no. commercial units & 49no. residential units (use class C3) including associated works.” This important change to the operative part of the planning permission allowed a Section 73 application to come forward.
Following this, we submitted a Section 73 application to vary the planning condition which controlled the use of the commerical units. The application was supported by a marketing report from Savills and an updated flood risk assessment and flood evacuation emergency plan by CGS Civils.
Upon review, the LPA were supportive of the proposed changes and moved to approve the Section 73 application. Our client was understandably delighted with the decision and they are excited to bring forward the commercial units in a manner that will improve the offering of the new development.
If you have been granted planning permission and would like to make changes to the scheme, then why not call Pure Town Planning on 01202 585524 or email info@puretownplanning.co.uk to see how we can help you.