HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 15 January 2008

PLAN: 07 CASE NUMBER: 07/04844/FUL GRID REF: EAST 433917 NORTH 471224 APPLICATION NO. 6.33.13.G.FUL DATE MADE VALID: 17.09.2007 TARGET DATE: 12.11.2007 CASE OFFICER: Mr Roger France WARD: Newby

VIEW PLANS AT: http://tinyurl.com/2k4gg3

APPLICANT: Mr Paul Watson

AGENT: Neben Dpd

PROPOSAL: Conversion of public house to form 2 dwellings with first floor rear extension (Site Area 0.06ha) (Revised Scheme).

LOCATION: Oak Tree Inn Copt Hewick North HG4 5BY

REPORT

SITE AND PROPOSAL Copt Hewick is a small village located to the east of Ripon, between the A61 and B6265. The Oak Tree Inn is located within the built up area of the village on the south side of Main Street. It forms a two-storey, brick built public house (originally two dwellings), at the end of a short row of cottages. The rear elevation contains a variety of extensions, including a two-storey flat roofed extension that abuts the neighbouring property (3 Oak Tree Cottages). The walls are faced externally in painted render, the main roof is clad in blue slate, the rear extensions in pantiles.

The building has a rear amenity area that includes an attractive weeping willow tree and two Scots pine trees. There is a car park to the west side of the premises separated by a drive that serves a holiday cottage and a small touring caravan park to the rear of the site (in the same ownership).

The surrounding area is predominantly residential in character.

The public house ceased trading earlier this year (February) and the car park has since been fenced off.

Proposed is the conversion of the premises to two dwellings, roughly following the former division of the original pair of cottages. The submitted details show external alterations to the front elevation limited to the re-opening of an original door opening (presently a window). At the rear some demolition of existing structures will take place but the flat roofed extension is to have a pitched roof added, to the same ridge height of the main roof ; and a new first floor extension added over the existing centrally placed ground floor extension. Parking for 4 cars (two for each dwelling) would be provided within separate garden curtilages to be formed to the rear, accessed off the side track.

This application is a re-submission following the refusal of a similar application in June 2007. The reasons being that the evidence submitted with the application did not conclusively demonstrate that the business could not be sold as a viable concern, and that there was no longer any interest in operating the premises as a public house as required by Policy CFX of the adopted District Local Plan.

MAIN ISSUES 1 The Principle Of A Residential Conversion At This Location 2 The Loss Of A Community Facility. 3 The Impact Of The Alterations On Neighbour Amenity. 4. The Effect Of The Development On Visual Amenities. 5. Open Space Provision.

RELEVANT SITE HISTORY There have been a number of previous application relating to the public house not directly relevant to the current proposal, but including a 1983 permission for independent bedroom accommodation to the rear, and an unimplemented proposal for three holiday cottages in 1999, renewed in 2004.

07/02113/FUL: Conversion of public house to form 2 dwellings with first floor rear extension. Refused 18.06.2007.

CONSULTATIONS/NOTIFICATIONS

Parish Council COPT HEWICK

DCS Arboricultural Officer Concern that the application does not contain details of how the willow tree will protected (refusal recommended unless tree can be protected - referably by submission of a method statement). Would prefer parking to be elswhere on the site. Similarly the two Scots pine trees should be protected from ground compaction.

Estate Manager - DDS Property See Assessment

DCS - Open Space (Brandreth) See assessment.

NYCC Highway Authority No highway objections. Condition recommended to ensure prior provision of parking arrangements.

Yorkshire Water No comments required.

Environmental Health (Springfield) No comments received

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development PPS07 Planning Policy Statement 7, Sustainable Development in Rural Areas LPHD13 Harrogate District Local Plan (2001, as altered 2004) Policy HD13, Trees and Woodlands LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPH05 Harrogate District Local Plan (2001, as altered 2004) Policy H5, Affordable Housing LPH06 Harrogate District Local Plan (2001, as altered 2004) Policy H6, Housing developments in the main settlements and villages LPIMP2 Harrogate District Local Plan (2001, as altered 2004) Policy IMP2, Provision of Infrastructure Needs Generated by Development

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 19.10.2007 PRESS NOTICE EXPIRY: 19.10.2007

REPRESENTATIONS

COPT HEWICK PARISH COUNCIL - Object on the grounds that "the community will be poorer for the loss of this facility"; that the "asking price remains too high"; and the viability business should be assessed on figures taken over a longer period of time.

OTHER REPRESENTATIONS At the time of the preparation of this report 24 letters had been received, of which 15 were in objection and 9 either in support or expressing reasons why they understood the public house would be uneconomic. The objectors were generally concerned with the manner in which the premises had been run and closed, and the way it had been marketed, suggesting that it could be a viable business. There is also an objection from the neighbouring occupier concerned about the impact of the alterations and extensions to the rear of the building, and the impact on their living conditions due to overshadowing and loss of outlook. (Other issues referred to regarding property rights of way and access for maintenance are civil legal matters and fall outside the scope of planning control),

VOLUNTARY NEIGHBOUR NOTIFICATION -- None.

ASSESSMENT OF MAIN ISSUES 1.LAND USE/PRINCIPLE -Copt Hewick is identified as a "smaller village" under Policy H6 of the adopted Local Plan, and the application site lies within the built-up area of the settlement. Therefore, having regard to the residential nature of the surroundings the conversion is acceptable, in principle, under the provisions of policy Local Plan H6. The main planning issue, therefore, is compliance of the proposal with Local Plan Policy CFX, loss of community facilities. In addition, the details of the design of the conversion and extensions will need to comply with criteria contained in Policies H6 and HD20.

The size of the site is below the threshold for affordable housing under policy H5. Commuted sums for open space and village hall provision under Local Plan Policy IMP2 has been agreed to.

2. LOSS OF COMMUNITY FACILITY -Policy CFX states that proposals involving the loss of premises in community use (that includes public houses) will not be permitted except where it can be shown that continued community use would cause unacceptable planning problems, or a satisfactory replacement facility is provided, or there is no reasonable prospect of either the existing use continuing on a viable basis (with all other options for continuance having been fully explored as a priority), and thereafter securing a satisfactory viable alternative community use inn the foreseeable future.

This advice accords with Government guidance contained in PPS7. Paragraph 7 states that a positive approach should be adopted where the proposal improves the viability, accessibility or community value of existing services and facilities, e.g. village shops and post offices, rural petrol stations, village and church halls and rural public houses, that play an important role in sustaining village communities. Planning authorities should support the retention of these local facilities and should set out the criteria they will apply in considering planning applications that will result in the loss of important village services (e.g. as a result of conversion to residential use).

Copt Hewick has no other public house, there is no village school or shop, however, there is a village hall, a church and a chapel. As evidenced from the number of representations in objection to the application it is clear that the premises are valued as local facility, albeit it is has to be recognised that this is a commercial enterprise and not a publicly funded facility.

In this application, assessed against Policy CFX: -

1. There is no suggestion that the current use caused has caused any unacceptable planning problems.

2. No replacement public house facility is to be provided.

3. The applicant's case is based on the un-profitability of the business. They have submitted (confidentially) profit & loss accounts for the period since they took over the premises in 2004. The accountant's details indicate a trading loss in 2005 and a small profit in 2006 (the later being insufficient to support the family). The accountant's state that "a dramatic increase in turnover would be required to make the business profitable" and in their experience in this type of industry in this country this is "highly unlikely". No detailed information of the business prior to the applicant's take-over is available, other than anecdotal comments contained in representations from local residents. The business use has now ceased.

4. Details of the marketing of the property have also been supplied; the agents state that the property has been "offered to the market for sale" since 26 September 2006, "by way of a premium for the business, goodwill and fixtures and fittings, and to be let by way of a new lease to be granted." Advertising has been conducted though agency's mailing lists, website, property guide, newspaper and trade publications.

Therefore, it considered that this application turns on whether the sufficient evidence has been supplied to demonstrate that firstly that there is no reasonable prospect of the continuation of a business; and secondly that a genuine attempt has been made to market the premises as a going concern.

Further to the refusal of the previous application further evidence has been supplied, but it was still initially considered that the commercial viability of the business enterprise appeared marginal. In addition, there have been public representations questioning whether the method and commitment of the recent management of the premises had contributed to the loss of business. Hence the Council has taken expert advice from a third party, through the Council's own Estate Officer to ensure that the commercial information provided has been properly considered.

That advice has concluded that the applicant's trading position and marketing exercise had been genuine and appropriate. The review confirmed that on existing levels of trade the pub is not viable i.e. that it could not rely upon the local trade to be sufficiently profitable. Consequently, in respect of Policy CFX it is considered that the requirements of the Policy have been fully met.

3. IMPACT ON NEIGHBOUR AMENITY - the main impact of the proposals in terms of the effect on neighbouring occupiers would be the addition of the pitched roof to the existing rear extension. The extension itself would not alter in size, but the neighbouring residents are concerned that the increased roof height would add to the overshadowing of internal accommodation and external amenity areas at the rear of their dwelling, and restrict their general outlook. (There is reference to further 'party-wall', access, and rainwater disposal issues which generally fall outside the scope of planning considerations).

The new pitched roof would be situated to the southwest of the adjoining property, and therefore would affect evening sunshine, however, on balance it is considered that the increased overshadowing would not be significantly greater than that caused by the existing projecting extension. Therefore, there would not be so unreasonable an impact as to justify withholding planning permission, and the proposal would not conflict with Local Plan Policies A1, H6 and HD20 in this respect.

4. EFFECT ON VISUAL AMENITY - the proposed conversion would have lead to only relatively minor physical alterations to the building, principally the new pitched roof to the rear - which should improve the appearance of the building. The proposals would therefore comply with Local Plan Policies HD20 and H6.

The Council's Arboricultural Officer has considered the car parking arrangements to the rear of the building and there is some concern that works might prejudice the health of three trees of some local amenity value (a weeping willow and two Scots pine). The applicant's architect has confirmed in writing that there is no requirement or intention to remove the trees and the applicant is happy to accept planning conditions to protect the trees. With appropriate conditions the development is therefore considered acceptable.

5. OPEN SPACE PROVISION The applicant has signed a unilateral agreement for the commuted sum of £6,927.41 for the provision of open space and village hall facilities; therefore the requirements of Local Plan Policy IMP2 have been met.

CONCLUSION

PPS7 and development plan policies seek to retain facilities to meet the day to day requirements of local populations and local planning authorities are encouraged to strengthen rural communities by, amongst other things, underpinning services and community facilities. The loss of a public house as a community facility is recognised as being an important material consideration in assessing residential conversions even though they are commercial enterprises and not publicly funded facilities.

In the past the Oak Tree Inn has provided a valued and well-used community facility, as evidence by the local opposition to the scheme. It has been confirmed by a qualified independent party that viability of the pub is in doubt, and the poor financial performance of the business is consistent with the wider industry. It is, therefore, considered that the application contains sufficient evidence to demonstrate the proper marketing of the property and that the valuations used and lack freehold sale has not undermined the marketing exercise. Hence it is concluded that the business could not be sold as a viable concern and that there is no longer any interest in operating the premises as a public house. The application is therefore considered to be compatible with Local Plan Policy CFX. In view of the absence of any other material harm being caused it is considered that there are no sustainable grounds to withhold planning permission.

CASE OFFICER: Mr Roger France

RECOMMENDATION

That the application be APPROVED subject to the following conditions:-

1 The development hereby permitted shall be begun on or before 3 years

2 No development shall take place until samples of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

3 Prior to the first use of the development the vehicular access, parking and turning facilities shall be formed in accordance with the submitted drawing [Reference Drawing PW/DP-2004.4]. Once created these areas shall be maintained clear of any obstruction and retained for their intended purpose at all times.

4 None of the existing trees on the site shall be lopped or felled without the prior written consent of the Local Planning Authority; if any trees are subsequently removed they shall be replaced within a period of 6 months with trees of a suitable size and species in accordance with details submitted to and approved in writing by the Local Planning Authority.

5 Before any development is commenced details of the surfacing of the car parking area shall be submitted to and approved in writing by the Local planning Authority. These details shall include measures to protect the roots of the adjacent trees in accordance with the letter from Jan van Pagh dated 2 November 2007. Development shall be carried out in accordance with the approved details.

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 In the interests of visual amenity. 3 To provide for appropriate on-site vehicle parking facilities with associated access and maneuvering areas, in the interests of highway safety and the general amenity of the development. 4 To safeguard the rights of control by the Local Planning Authority in these respects in the interests of the visual amenities of the area. 5 To safeguard the amenities of the area.