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Planning for Pubs BDBC Ref: 16/01315/FUL Appeal Ref: APP/H1705/W/17/3169774 The Old House At Home Tylney Lane Newnham Hook Hampshire Change of Use A4 Public House to C3 Residential Dwellinghouse DALE INGRAM (PLANNING FOR PUBS) PLANNING OBJECTION SUBMISSIONS regarding the old house at home (ohah) SEPTEMBER 2017 indeX PLEASE NOTE: Page numbers relate to pagination of compiled document (in green) not to numbering within the original documents. Documents compiled chronologically as originally submitted. First suBmissions main objection document . .Page 1 Covering letter . .PAGE 1 Summary of Objection . .PAGE 2 Contents page to main objection document . .PAGE 4 relevant appeal decisions . .Page 27 1. KOKO v Camden JR 2015 noise & heritage 2. Yew tree Chew stoke nr Bristol Nick James JR Judgement ACV 2015 3.Centurion Chester appeal dismissed ACV & overlooking etc 2016 4. Chesham Arms enforcement appeal dismissed ACV conservation area harm 021014 5. Cross Keys Appeal Dismissed 09 2012 NPPF P70 Conservation Area Harm 6. Feathers Swan & Edgar appeal dismissed first application 2013 conservation area harm and loss of use 7. Golden Lion Appeal 2nd scheme Decision 2014 8. Merrymouth Inn Chipping Norton appeal dismissed P70 marketing viability housing in open countryside 9. Mole Monk Sherborne Basingstoke appeal dismissed NPPF not P70 but last pub in village inadequate marketing price too high 10. Mynors Archer & Thomson conservation area change of use harmful 11. Rivers Arms 2015 Cheselbourne appeal dismissed marketing & viability grounds 12. Rose & Crown Henley appeal dismissed loss of use harmful to conservation area 2014 but not to LB 13. The Plough Shepreth Planning Appeal failed Conservation Area 14. Three Crowns Wisborough Sussex appeal dismissed listed building conservation area viability 2011 15. White Lion Goring A4 to C3 enforcement appeal dismissed marketing ACV P28 P70 LP policy 2015 16. White Swan Hunmanby Appeal Decision 3007922 3007638 dismissed ACV Listed buildings Trojan Horse appendices historical information (submitted by Nigel Bell) . .Page 156 Cross Keys Kinnerley shropshire: letter from english heritage . .Page 179 mynors on Conservation areas . .Page 181 additional suBmissions . .Page 183 Covering letter dated 16th May 2017 . .PAGE 183 Summary of submission . .PAGE 184 Submission updates . .PAGE 186 relevant appeal decisions . .Page 196 17. Black Horse Amberley Sussex appeal dismissed grade II listed conservation area ACV Insp Paul Jackson 18. Carlton Tavern 3130605 3025122 appeal dismissed 080716 19. Penny Farthing LN4 Appeal dismissed Oct 2016 20. Three Tuns Cambs appeal dismissed ACV heritage assets 3144471 Nov 2016 appendices Parish Council request for access for surveyor . .Page 229 DALE INGRAM (PLANNING FOR PUBS) SUBMISSIONS PAGE 1 Brian Conlon Senior Planning Officer Basingstoke & Deane Borough Council Civic Offices London Road Basingstoke Hampshire RG21 4AH 12th June 2016 Change of Use A4 Public House to C3 Residential Dwellinghouse The Old House At Home Tylney Lane Newnham Hook Hampshire RG27 9AH Ref. No: 16/01315/FUL | Received: Thu 14 Apr 2016 | Validated: Tue 26 Apr 2016 Dear Mr Conlon Planning For Pubs Ltd. is instructed by Newnham Parish Council to object to the application referenced above. It is my contention, on behalf of my clients, that the application is contrary to local plan and national planning policy (NPPF, 'the Framework') as well as statutory protection for the historic environment and there is no planning benefit to overcome the many reasons why the application should be refused. Consequently we invite Basingstoke & Dene Borough Council to refuse consent for the development. I note from correspondence with my instructing client that BDBC has commissioned its own viability assessment and that this is to be received by you within 2 weeks of today's date (or possibly last Friday). On behalf of my client, we reserve the right to comment on any evidence submitted by any party before a decision is taken. In the interests of natural justice and proper planning procedure I would be grateful if you would publish the additional report on receipt on the council's planning record for this application and allow a week for Newnham Parish Council or their professional team to comment on its content. It would be helpful if you were to notify me once this has been done. The Parish Council's professional representatives are Anthony Miller FRICS and myself. Thank you for your time on the telephone when it was agreed that final submissions by the Parish Council must be made no later than this Friday 17th June. Planning For Pubs Ltd. Our ref: OHAH RG27 16/01315/FUL page 1 of 26 DALE INGRAM (PLANNING FOR PUBS) SUBMISSIONS PAGE 2 Summary of objection: • the applicants have not supplied a heritage statement (I.e. 'demonstrated a thorough understanding of the heritage asset') required by BDBC's own planning application checklist and policy EM11 (a) respectively and this renders the application invalid. It should not be determined until the applicants can satisfactorily justify the harm to the significance of the heritage assets or should be refused on the basis that one has not been provided. • the loss of the public house use is unjustifiably harmful to the character of a designated heritage asset contrary to local and national policy EM11(b) & NPPF P134 • the loss of the public house use is unjustifiably harmful to the character of a non-designated heritage asset contrary to local and national policy EM11(b) & NPPF 135 • the proposal does not 'respect the historic interest or local character' of Newnham or retain the significance and character of the affected heritage assets and is consequently contrary to policy EM11(c) and (e) • there is no planning benefit from the proposal- the premises already incorporates one (ancillary) residential unit • the description in the application form does not match other parts of the form or supporting documents- is it the whole premises or just the residential parts? • there has been no pre-application consultation with the local community, particularly the Parish Council, or with the local authority, contrary to P188- 190 and the BDBC application checklist which requires a Statement of Community Involvement • the applicant has not supplied a wildlife appraisal required by BDBC planning application checklist and Natural England and the site has the potential for birds/bats • the conversion of the pub to private residential use will result in the permanent loss of employment opportunities for local people and allied businesses Planning For Pubs Ltd. Our ref: OHAH RG27 16/01315/FUL page 2 of 26 DALE INGRAM (PLANNING FOR PUBS) SUBMISSIONS PAGE 3 • the licensing record shows no history of trouble and there are no restrictions on the license issued in October 2015 • the loss of the public house use will be detrimental to the economic and social infrastructure and heritage significance of Newnham contrary to policy SD1 Sustainable Development • the provision of one dwelling is contrary to policy SS6 New Housing in the Countryside, a policy which requires that the Parish Council identify a local need. There is no local need, especially one requiring the loss of Newnham's only pub • under CN7 the applicants have failed to demonstrate clearly that the Old House at home is no longer needed, that its use is unviable or that it is no longer practical or desirable to retain it. • the community is readying itself to make a bid by preparing a business plan and fundraising to take the pub into local ownership, demonstrating its value under NPPF P69 and P70. • We provide herewith expert opinion by Anthony Miller FRICS that the premises is viable in use as a public house whether in community ownership or under a commercial free of tie lease • the previous operators Oliver and Suki Williams made a bid for the freehold in 2013 which they would not have done had it been unviable • there is no adequate or equivalent substitute within the 800m suggested by Manual For Streets as a suitable distance to walk to local services • EM10 High Quality Development is not satisfied as the loss of an important social amenity and heritage asset (the use) cannot be regarded as 'high quality development' or good design which must include the way places are experienced by those who live there; no alterations have been proposed to the fabric which would minimise climate change etc Planning For Pubs Ltd. Our ref: OHAH RG27 16/01315/FUL page 3 of 26 DALE INGRAM (PLANNING FOR PUBS) SUBMISSIONS PAGE 4 Section Contents page Covering letter 1 Summary of objection 2 Contents page 4 1 Introduction 5 2 The site 5 3 The application 6-8 4 The planning context and commentary 9-17 5 Limited heritage appraisal 18-22 6 Material non-planning factors: ACV listing 21, 22 7 Author 24 8 References and sources 25 Appendices Appendix I Historic information Appendix 2 Viability Assessment by Anthony Miller FRICS and appendices Appendix 3 Mynors on Conservation Areas Appendix 4 Cross Keys Kinnerley Shropshire: letter from English Heritage Appeal Decisions: Viability & loss of use: Mole Inn Monk Sherborne (BDBC), The Three Crowns Wisborough, Feathers Westminster, Rivers Arms Cheselbourne and the Merry Mouth Chipping Norton. Harm to Conservation Area from loss of use: Cross Keys Chelsea, Chesham Arms Hackney, Rose & Crown Henley, Feathers Westminster, Plough Shepreth. ACV Listing material to planning decisions: Centurion Chester, White Lion Goring, White Swan Hunmanby, Chesham Arms Hackney, Golden Lion Camden, Plough Shepreth. Planning Court Judgements: applications for judicial review Yew Tree, Chew Stoke: to ACV listing. Obar Camden v LB Camden: failure to require applicant to assess heritage significance, impact and harm. Planning For Pubs Ltd. Our ref: OHAH RG27 16/01315/FUL page 4 of 26 DALE INGRAM (PLANNING FOR PUBS) SUBMISSIONS PAGE 5 1 Introduction The Old House at Home is a public house which has been in use as such since about the end of the C18th and possibly earlier.
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