Application No. and Parish: 14/02901/FULD, Ibex Inn, Main Street
Transcription
Application No. and Parish: 14/02901/FULD, Ibex Inn, Main Street
Item No Application No. and Parish 14/02901/FULD 8/13 Week Date Proposal, Location and Applicant 12th January 2015 Chaddleworth Parish Council (Extension of Erection of 3 dwellings, a Bed and Breakfast Self-contained unit all with landscaping, car parking and to include extensions to The Ibex Inn to create an enlarged kitchen with stores, level access and disabled WC, 1 bedroom with en-suite facilities for B and B, a village shop, a 2 bedroom renovated staff/tenant accommodation and internal alterations to dining and bar areas. (1) time until 11th March 2015.) Ibex Inn, Main Street, Chaddleworth, Berkshire RG20 7ER Ilexanna Limited To view the plans and drawings relating to this application click the following link: http://planning.westberks.gov.uk/rpp/index.asp?caseref=14/02901/FULD Recommendation Summary: To DELEGATE to the Head of Planning and Countryside to REFUSE planning permission. Ward Member: Cllr. G. W. Chandler Reason for Committee determination: Due to the support of local residents and the Parish Council. Committee Site Visit: 19th February 2015 Contact Officer Details Name: Sue Etheridge Job Title: Senior Planning Officer Tel No: (01635) 519111 Email: [email protected] West Berkshire Council Western Area Planning Committee 25 February 2015 1. PLANNING HISTORY 05/00540/FUL 14/0000/FULD 2. Conservatory Approved 21st April 2005 Erection of 3 dwellings, holiday cottage, studio apartment, refurbishment and extension of pub, B&B accommodation and staff accommodation. Withdrawn March 2014. PUBLICITY Site Notice Expired: Neighbour Notification Expired: 18th December 2014 17th December 2014 3. CONSULTATIONS AND REPRESENTATIONS 3.1 Consultations Parish Council: Support. Detailed supporting letter from the Parish Council. In summary: Applicant has engaged with the Community attending two meetings and there is overwhelming local support. Previous concerns overcome. In order to get the pub back a substantial amount of money will need to be spent on refurbishing The Ibex which due to lack of maintenance in the last 40 years (successive breweries) is in a poor state of repair. The Ibex is registered as a Community Asset. Some minor changes/clarification regarding plans requested (garage design to detached dwelling, location of smoking area, obscure glazing and diseased ash tree). Concern that if not approved the building could be converted to residential use which would not benefit the village in the same way. This letter includes a document signed by over 30 people in support of the proposed scheme for The Ibex. Highways: Detailed comments. Clarification and amended plans secured to ensure site lines/visibility splays shown, orientation of disabled spaces, opening hours for shop, secure covered cycle parking. No objection subject to conditions to secure Construction Method Statement, closure of existing access, provision of visibility splays and parking and turning in accordance with amended plan 100 rev C; provision of covered secure cycle parking. Waste: The pub, the B&B business and proposed village shop will produce Commercial Waste (as defined by the Controlled Waste Regulations 2012) and this is not collected by the Local Authority and will require private waste and recycling collection arrangements. This refuse and recycling should be kept separate from domestic waste produced by the proposed domestic properties to prevent cross-contamination. West Berkshire Council will not collect commercial waste or empty domestic bins containing trade waste. The two proposed cottages and the new house raise no concerns with regard to the storage and collection of domestic refuse and recycling, provided that this is kept separate from the commercial waste as mentioned above. West Berkshire Council Western Area Planning Committee 25 February 2015 Public Protection: No objection. Detailed comments regarding impact on amenity of existing and future occupiers plus potential unforeseen contamination from commercial use of land. Conditions suggested to control dust, hours of construction, unforeseen contamination, sound insulation for detached dwelling given proximity to licensed premises, odour and noise control from extraction equipment used in connection with food preparation. Planning Policy: Detailed comments. Site is not within an identified settlement. The scheme relies on three open market houses to enable the refurbishment of the pub, provision of a village shop and B&B facilities. The location whilst close to an infant school and with a limited bus service (times around school start/finish rather than the working day) is not considered to be within a sustainable location increasing the reliance on private transport. Additional development would have greater impact on the character of the area within the AONB than the existing building. Proposal is not in conformity with adopted local and national planning policies. Public Rights of Way: No objection. Chaddleworth Footpath 15 is opposite the main development site. Informatives regarding no encroachment or obstruction. Ramblers Association: No response received as of 12th February 2015. North Wessex Downs AONB: No response received as of 12th February 2015. Thames Water: Detailed comments regarding surface water drainage. Petrol/oil interceptors should be fitted to car park. Fat trap for catering establishment with collection of waste by contractor to recycle. Main sewer crosses site which may affect design. No objection regarding water or sewerage infrastructure capacity. Comment regarding water pressure. SUDS: No response received as of 12th February 2015. Tree Officer: Detailed comments. No objection. A mature larch, a mature sycamore and early mature sycamore would be lost. These do add to the character of the area and provide a leafy green feel, however they are not worthy of a TPO. Their loss must be mitigated in a landscape scheme to include native species such as oak, beech and hornbeam. Consideration to bolstering existing boundaries with trees and hedging. Conditions suggested to secure landscape scheme, tree protection and Arboricultural Method Statement. Ecology: Bat Survey requested. Survey submitted, no evidence of bats however mitigation and enhancement suggested. This should be secured by conditions to secure bat roost in roof of B&B element of pub and no external lighting at access points. Conditions suggested. West Berkshire Council Western Area Planning Committee 25 February 2015 3.2 Developer Contributions Transport: Education: Open Space: Libraries: Healthcare: Adult Social Care: Waste Management: 3.3 £11,000 £9,950 £3,206 £1,326 £0 £1,998 £168.60 Representations Six letters of representation received, including petition in support, plus a supporting letter from the Parish Council. Three letters of objection with main concerns being overdevelopment, viability of scheme and retention of pub and shop, conflict of use of parking spaces, space for parking for detached B&B and safe use/access into pub and garden, lack of provision for family use and loss of public house floor space. Two letters of support plus petition. Main points: hub of community, registered community asset. Comments regarding sustainable construction and disturbance/safety during construction plus ensuring pub is opened. 4. PLANNING POLICY 4.1 The statutory development plan comprises the West Berkshire Core Strategy 20062026 (WBCS) and the saved policies in the West Berkshire District Local Plan 19912006 (Saved Policies 2007) (WBDLP). 4.2 Other material considerations include government guidance, in particular: The National Planning Policy Framework (March 2012) (NPPF) 4.3 The following policies from the West Berkshire Core Strategy are relevant to this application: Area Delivery Plan Policy 1: Spatial Strategy Area Delivery Plan Policy 5: North Wessex Downs Area of Outstanding Natural Beauty CS1: Delivering New Homes and Retaining the Housing Stock CS5: Infrastructure Requirements and Delivery CS10: Rural Economy CS13: Transport CS14: Design Principles CS15: Sustainable Construction and Energy Efficiency CS16: Flooding CS17: Bio and Geodiversity CS19: Historic Environment and Landscape Character 4.4 The following policies from the West Berkshire District Local Plan, Saved Policies 2007 are relevant to this application: HSG1: The Identification of Settlements for Planning Purposes. ENV 19: The Re-use and Adaptation of Rural Buildings. ENV 20: The redevelopment of Existing Buildings within the Countryside TRANS 1: Meeting the Transport Needs of New Development. West Berkshire Council Western Area Planning Committee 25 February 2015 4.5 In addition the following locally adopted policy documents are relevant to the application: Supplementary Planning Document (PSD) Delivering Investment from Sustainable Development (June 2013). Supplementary Planning Document (SPD) Quality Design Supplementary Planning Guidance (SPG) Public Houses. 4.6 It is also noted that The Ibex Inn has been registered as a Community Asset with West Berkshire Council. 5. DESCRIPTION OF DEVELOPMENT 5.1 This application seeks full permission for: Refurbishment, alterations and extensions of the existing public house, to include improved kitchen, bar and restaurant facilities, disabled WC and a Village Shop on the ground floor and two bedroom staff accommodation, a one bedroom B&B unit on the first floor; Conversion and alterations of the existing garage/store to create a self contained B&B unit (opposite the PH on the West side of Main Street); Two semi detached three bedroom cottages and one detached three bedroom dwelling; Alterations to car park. 5.2 The new cottages are to be constructed on part of the existing pub car park, to the North of the main building. They would be constructed in a cottage style (7 metres high) of red orange facing brick works and plain clay tiles and feature brickwork. The new detached house (7.4 metres high) would be constructed to the South of the pub. An existing single storey part of the pub (existing kitchen/store area) would be removed to provide space for the new detached dwelling. Proposed materials are red orange facing bricks, with feature brickwork and natural slate roof. The self contained B&B unit would include a replaced roof (currently corrugated iron) with plain clay tiles, reclaimed red facing bricks and stained timber weatherboarding. External materials for the extended pub would be natural slate roofing and blended red facing brick work with Flemish bond to match the existing building. The external appearance and scale of these buildings would be of traditional style appropriate to the village setting. A covered cycle store is proposed next to the converted garage. No details have been provided with the current application. 5.3 The existing building on the site is a public house with associated staff accommodation. It is currently closed and in a poor state of repair. The building occupies a prominent position and has been listed as an Asset of Community Value. The pub occupies a large plot, with the main entrance fronting onto the road. The site includes a large car park to the North which is informal and not marked out. There are a number of trees along the site boundaries. Together these contribute to the leafy green feel of this part of the village. Three of these trees would be removed to enable the construction of the proposed cottages. They are not covered by, nor worthy of, a TPO. 5.4 The application site lies within the village of Chaddleworth, in a rural location, outside of any defined settlement boundary within the North Wessex Downs Area of Outstanding Natural Beauty (AONB). The village infant school is to the East of the site. The main part of the village comprising a number of houses of varying ages and styles is to the northwest, south and southeast of the site. Chaddleworth footpath West Berkshire Council Western Area Planning Committee 25 February 2015 CHAD/15/1 lies to the Northwest of the site, opposite the pub, running close to the existing garage which is proposed to be converted. 6. APPRAISAL The main issues for consideration in the determination of this application are: The principle of the development, The impact on the character of the area and AONB, The impact on neighbouring properties, The impact on highway safety and parking, The impact on the public right of way, Other Matters - Code for Sustainable Homes - Flooding - Ecology Developer contributions, The presumption in favour of sustainable development. 6.1 Principle of the development 6.1.1 Planning Policy ADPP1 of the Core Strategy defines Chaddleworth as being within open countryside within its district settlement hierarchy. This policy states that only appropriate limited development in the countryside will be allowed. 6.1.2 The proposal seeks to refurbish and extend the existing public house. The proposal seeks to enable the reopening of the public house, including a restaurant, pub garden and space for play equipment to cater for families, which will contribute to the vitality of the village. In addition a village shop and two B&B rooms are proposed which includes the alteration and extension to an existing garage opposite the pub. The provision of the village shop will enhance facilities for the village. The B&B premises would provide facilities for tourism which is considered to make a vital contribution to the local economy and is important to foster economic growth. The provision of the pub, village shop and B&B facilities is considered to be appropriate in scale and would not harm the rural environment. Such development is supported by the NPPF. 6.1.3 The application seeks to provide three open market dwellings to facilitate the refurbishment of the public house, village shop and provide B&B accommodation. The applicant has confirmed that they intend to upgrade the pub etc in conjunction with the construction of these houses, in a single phase. The intention is then to lease the pub to a tenant on a freehouse basis at a realistic (below market value) rate. The application has been independently assessed and without the three open market dwellings the refurbishment, village shop and B&B units would not be viable. 6.1.4 There is strong local support for the current proposal from both the Parish Council and residents. The scheme would bring the pub back into operation, with the emphasis on good food attracting customers from a wider area, provide a village shop and B&B accommodation. This is welcomed and would contribute to the vitality and economy of this rural area. However it is dependent on the provision of open market housing. The rural area policies and advice contained within the NPPF strictly limit new housing unless it can be demonstrated that there is a need for such housing, this might include open market housing where it would also deliver affordable housing. West Berkshire Council Western Area Planning Committee 25 February 2015 6.1.5 The National Planning Policy Framework (NPPF) at paragraph 55 sets out that Local Planning Authorities should avoid new isolated homes in the countryside unless there are special circumstances. These exceptions include: - the essential need for a rural worker to live permanently at or near their place of work in the countryside; or where such development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; or where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting; or the exceptional quality or innovative nature of the design of the dwelling. Such a design should be truly outstanding or innovative, helping to raise standards of design more generally in rural areas, reflect the highest standards of architecture, significantly enhance its immediate setting and should be sensitive to the defining characteristics of the local area. 6.1.6 The application clearly states that the dwellings will be open market and there is no essential need. The scheme does not relate to a heritage asset, the proposed new dwellings do not relate to conversion/ re-use of redundant buildings nor are they of exceptional quality/innovative design. It is noted that the new buildings and works to the refurbished building will incorporate energy and water efficiency construction techniques. 6.1.7 In assessing these material considerations above, securing the pub, village shop and B&B facilities for the longer term must also be addressed. The economic success of these ventures will also depend on market demand. This cannot be predicted and cannot be guaranteed. If the open market units were permitted there is no guarantee to the long term retention of the pub etc. The applicant has confirmed that the development would be in one phase with funds from the housing being used to pay back the costs of refurbishing the pub. The applicant is confident that with this investment The Ibex will turn into a profitable going concern, particularly given the realistic lease level anticipated for a future tenant on a free house arrangement. Whilst the provision of the village shop could be conditioned and opening of the pub could be timed to be before any dwellings are first occupied there is no clear way to control future retention. 6.1.8 On balance therefore, as the open market dwellings are only justified to facilitate the refurbishment and initial opening of the pub, and the long term success cannot be guaranteed the provision of these new dwellings is considered to be contrary to current policy and advice contained within the NPPF. It is also noted that as an Asset of Community Value the community could bid for the asset themselves before the property goes on the open market, should it be sold on. 6.2 Character of the area 6.2.1 The site is contained within the village of Chaddleworth which is characterised by a variety of building styles and ages. It includes a large car park, adjacent to the village school which has a number of boundary trees and rural hedging. The existing building on site is well established and an important focal building within the village. The scheme will involve the removal of a brick and flint wall to the South and some boundary trees. The existing building and site is beginning to fall into disrepair as it is vacant. West Berkshire Council Western Area Planning Committee 25 February 2015 6.2.2 The proposal for alterations and extension to the existing pub and conversion of the garage opposite will relate well to the existing character of the buildings and utilise materials appropriate to the traditional rural character of the area. The proposal includes re-development of part of the existing car park for a pair of semi detached dwellings and a new dwelling to the south within part of the pub garden and on the site of a single storey addition to the main pub building. This detached house would be set back from the road between the remaining pub and No.38 Main Street. It is considered that whilst there will be new building within the village, the development within part of the car park and between the pub and No.38 would be appropriate in terms of character and scale and architectural rhythm. The new dwellings would be constructed in a complementary style similar to the more traditional architecture within the village. Whilst some trees and an existing brick and flint wall would be lost, this can be mitigated against through new tree and hedge planting, landscaping and careful consideration of boundary treatments. These should be of traditional form, appropriate to the rural area and possibly re-using salvaged brick and flint. 6.2.3 The proposal includes covered cycle parking next to the proposed self contained B&B unit within the altered garage opposite the public house. Whilst this is required to meet current Highway Policies, the exact location and design should be secured through a condition to ensure that the resultant building does not detract from the character of the village and street scene. 6.2.4 The site does lie within the North Wessex Downs Area of Outstanding Natural Beauty (AONB). Whilst the new development within the village is considered acceptable in relation to the existing built form of the village and traditional architectural style, consideration must be given to the wider visual character of the AONB. The increase in built form would have greater impact on the built environment and character, however this is considered acceptable within this context. The site is not easily visible from distant views. Furthermore the scheme will tidy up much of the site taking away large areas of car parking, removing harsh boundary treatments and providing sympathetic landscaping and boundary treatments. Such detail can be secured by condition. 6.3 Impact on neighbouring properties and residential amenity 6.3.1 There are residential properties and a school close to the application site. The proposed layout and design of the new dwellings would not unduly affect residential amenity. There will be good separation distances and no direct overlooking. Consideration to proposed ‘porthole’ windows in the side elevation of the detached dwelling should be given to avoid potential overlooking. The scheme will enable the opportunity for the site to be tidied up, improving the visual character of this part of the village. 6.3.2 The amenity of future occupiers and existing occupiers must be taken into account. The new dwellings will all be served by good sized rear gardens, similar to many of the existing smaller dwellings within the village, providing private amenity space. The scheme will include new dwellings and refurbishment of the pub/restaurant. Consideration must be given to the requirement to control odour and noise from the kitchen and the relationship between the pub and new dwelling to the South. Details of extraction equipment will be required to ensure that residential amenity is not harmed. In addition the use of the side windows and garden of the new detached dwelling may be affected by activities at the licensed premises. Consideration to further acoustic measures to minimise nuisance is suggested. West Berkshire Council Western Area Planning Committee 25 February 2015 6.3.3 Given the village location, where there are a number of residential premises in close proximity it is suggested that control over dust emissions and hours of construction is exercised. Suitably worded conditions could secure. 6.3.4 The site is part of a pub and car park. There is potential for unforeseen contamination. A suitably worded condition has been requested by the Environmental Health Officer. 6.4 Impact on highway safety and parking 6.4.1 This proposal would involve the re-use/adaptation of the existing access to the pub car park and a new access and closure of existing to serve the detached dwelling. During consideration of the application amended plans have been secured to provide visibility splays and changes to parking layout. The Highway Officer is satisfied that access/egress will not adversely affect highway safety and that there are sufficient spaces for the proposed uses. 6.4.2 Proposed cycle storage is shown adjacent to the proposed self contained B&B unit opposite the main pub. Details have not been provided, these could be secured by condition. There is concern that in this location the visual character of the street scene within the village may be harmed if the design is not appropriate. An alternative location for all but spaces for the B&B could be secured within the main pub carpark/garden. It is also noted that the area currently proposed for cycle parking may be subject of a restrictive covenant. If this is the case again an alternative location would need to be secured. 6.4.3 Given the village location it would be necessary to secure a construction method statement to ensure disturbance during construction is minimised and highway safety is not compromised. This is also important given the proximity to the school and narrow lanes used to approach the village. A suitably worded condition would secure. 6.4.4 The Waste Services Officer has confirmed that the pub, village shop and B&B elements would be classified as commercial and private collection arrangements would be required. No objection regarding collection of domestic refuse and recycling, subject to the avoidance of cross contamination. An informative to clarify the position could be attached. 6.5 Impact on the public right of way 6.5.1 The proposed self contained B&B unit within the converted and altered garage building would be close to an existing public footpath (CHAD/15/1). The use would not adversely affect the character of the PROW nor enjoyment by its users. Informatives to ensure that there is no obstruction have been suggested by the PROW officer. 6.6 Other Matters 6.6.1 Code for Sustainable Homes Policy CS15 of the West Berkshire Core Strategy requires that all new residential development should be constructed to meet a minimum standard of Code for Sustainable Homes Level 4. A pre-assessment report has not been submitted with the application. However the planning statement and submitted plans indicate that West Berkshire Council Western Area Planning Committee 25 February 2015 sustainable construction and energy efficiency has been considered. A suitably worded condition to ensure that code level 4 is achieved for the new dwellings could be attached to any permission. 6.6.2 6.6.3 Flooding Policy CS16 of the Core Strategy, requires that all new development should not result in an increase in uncontrolled surface water runoff. The application indicates Sustainable Drainage (SUDS) proposals. Full details could be secure by condition. In addition Thames Water has commented on the new car park and the need for petrol/oil interceptors and fat/grease traps in the pub kitchen. These details could be secured by condition and would ensure that nearby water courses are not contaminated. Ecology The application includes a Bat Survey. No evidence of bats has been found within the buildings to be refurbished/removed. However mitigation and enhancement measures have been suggested. The Council Ecologist requests conditions to secure a new bat roost and no external lighting to access points. This would be in accordance with Policy CS17 of the Core Strategy and advice contained within the NPPF. 6.7 Developer contributions 6.7.1 This development would involve the creation of a three new dwellings on site and therefore developer contributions to mitigate against the impact of the development on local services, amenity and infrastructure have been requested from heads of service. The contribution requests are considered to be justified in accordance with the impact of development on the surrounding highway network, school services, areas of open space, library provision, waste management and adult social care services. This is in accordance with the Council’s SPD on developer contributions. 6.7.2 Given the fact that the provision of new dwellings within the countryside cannot be justified, an agreement has not been entered into. However, the applicant has confirmed that they would be prepared to enter into the required agreement with the Council should the application be recommended for approval. 6.8 Presumption in favour of sustainable development 6.8.1 The NPPF has introduced a presumption in favour of sustainable development, which paragraph 197 advises should be applied in assessing and determining development proposals. 6.8.2 The NPPF identifies three dimensions to sustainable development: economic, social and environmental. The policies of the NPPF, taken as a whole, constitute the Governments view of what sustainable development in England means in practice for the planning system. 6.8.3 Providing more energy efficient and useable housing in West Berkshire has a clear social benefit. However, this housing should normally be provided in sustainable locations. Whilst the refurbishment of the pub, provision of a village shop and B&B accommodation is considered to have a positive impact, the introduction of a three new dwellings into the rural location is not considered to provide sustainable social benefits. West Berkshire Council Western Area Planning Committee 25 February 2015 6.8.4 The economic role is considered to be met through this development. Long term benefits would be providing community facilities in the form of a pub and village shop and rural tourism through the B&B accommodation, and in the short term the development will provide benefits during the construction period. Whilst developer contributions have not been secured for this development (due to the concerns with the proposal) the applicant has confirmed that they would be willing to pay the developer contributions associated with this development. The proposal is therefore considered to bring economic benefits. 6.8.5 The environmental considerations have been assessed in terms of the design, amenity and impact on the character and appearance of the area. Whilst the proposed works are considered to have a positive visual impact, this proposal would involve the introduction of new residential dwellings into an unsustainable, rural location, where there are limited services and the private car would be heavily relied upon. It is therefore considered that this proposal would run contrary to the environmental sustainability objectives and this would weigh heavily in favour of refusing planning permission. 6.8.6 This development would meet some of the criteria of sustainability as set out within the NPPF. However, there are some roles of sustainability which would not be met and it is therefore considered that the proposed development would run contrary to the aims of the National Planning Policy Framework. 7. CONCLUSION 7.1 Having taken account of all the relevant policy considerations and other material considerations discussed above, this proposal would on balance have an unacceptable impact and refusal is recommended. 7.2 The proposal is considered to provide some positive benefits such as the refurbishment of the vacant pub, a village shop and tourist accommodation which is strongly supported by the Parish Council. However the success of the scheme depends on the provision of three open market dwellings within the rural area. The benefits are not, on balance, considered to be sufficient justification to allow an exception to planning policy with the introduction of new residential dwellings in the countryside. 8. FULL RECOMMENDATION To DELEGATE to the Head of Planning & Countryside to REFUSE planning permission for the following reasons:8.1 Reasons for refusal 1. The site is located outside any settlement boundary as defined by the West Berkshire District Local Plan 1991-2006 Saved Policies 2007 and is therefore within open countryside. The proposal for the refurbishment of the pub, village shop and B&B accommodation is in conformity with the Development Plan and advice contained within the NPPF. However the proposal includes the provision of three open market dwellings. The West Berkshire Core Strategy 2006-2026 seeks to direct new development in accordance with the settlement pattern with most development taking place within settlements defined within the hierarchy as directed by Policy ADPP1. The explanatory text to Policy HSG1 of the West Berkshire District Local Plan Saved West Berkshire Council Western Area Planning Committee 25 February 2015 Policies 2007 states that outside settlement boundaries, development will only be acceptable in exceptional circumstances. Policy CS1 of the Core Strategy states that new homes will be primarily developed on: suitable previously developed land within boundaries, other suitable land within settlements, strategic sites and broad locations identified on the Core Strategy Key Diagram and land allocated through the Site Allocations DPD. As this application seeks consent for three new residential dwellings in this countryside setting with insufficient justification to allow such an exception to policy, the development proposals do not meet with these criteria and as such is not in conformity with the current development plan. 2. The application fails to provide an appropriate scheme of works or off site mitigation measures to accommodate the impact of the development on local infrastructure, services or amenities, or provide an appropriate mitigation measure such as a planning obligation. The proposal is therefore contrary to the National Planning Policy Framework, Policy CS5 of the West Berkshire Core Strategy (2006-2026), and the Delivering Investment from Sustainable Development Supplementary Planning Document. DC West Berkshire Council Western Area Planning Committee 25 February 2015