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Application Number 13/00726/AS

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Application Number 13/00726/AS Ashford Borough Council - Report of Strategic Sites and Design Manager Planning Committee 18 September 2013 ___________________________________________________________________ Application Number 13/00726/AS Location The Crown Inn, The Street, Stone, Tenterden, Kent, TN30 7JN Grid Reference 93955/27806 Parish Council Stone-cum-Ebony Ward Isle of Oxney Application Change of use and conversion of garage to residential Description accommodation ancillary to The Crown Inn (retrospective) Applicant Mr and Mrs Conrath, The Crown Inn, Stone in Oxney, Tenterden, Kent, TN30 7JN Agent N/A Site Area 0.14ha (a) 4/6R (b) + (c) - Introduction 1. This application is reported to the Planning Committee at the request of the Ward Member, Councillor Burgess. Site and Surroundings 2. The application site was, until recently, a detached two bay garage located to the rear south eastern corner of grounds belonging to The Crown Inn public house, located in the village within the designated Stone-in-Oxney Conservation Area and landscape designated as an Area of Outstanding Natural Beauty (AONB). 3. A site location plan is attached as an annex to this report. Proposal 4. Full planning permission is sought for the conversion of the outbuilding to residential accommodation for the proprietors of the pub (who currently rent the neighbouring dwelling Chaplins) and occasional visiting family members (some of the proposals are retrospective as works have already commenced to convert the building, with internal partitions having been erected and new 4.1 Ashford Borough Council - Report of Strategic Sites and Design Manager Planning Committee 18 September 2013 ___________________________________________________________________ openings created). Planning permission is being sought on a temporary five year basis. 5. The accommodation would comprise a living area, two bedrooms, a shower room and utility room and the kitchen facilities in the pub would be used by the occupants. The external physical works include the creation of a window opening to the north elevation (bedroom) and the creation of two new window openings to the south elevation (bedroom and shower room). A dry store shed would be relocated from adjacent to the west elevation to the north elevation. A new waste and recycling bin storage point would also be created adjacent to this (adjoining the restaurant kitchens). Planning History 6. 98/01235/AS – full planning permission granted for single storey annexe to provide accommodation for owner. This was implemented but is now used as a restaurant as permitted under the 08/01089/AS permission. 7. 07/02277/AS – full planning permission granted for the erection of an extension to the public house to create a new public bar, store, WCs and porch. This permission was not implemented and subsequently expired. 8. 08/01089/AS – full planning permission granted for the erection of a two storey annexe extension (including living quarters for the proprietors), a single storey extension for use as a restaurant (replacing the annexe accommodation to the rear) and replacement dormer window to the south elevation and an oil storage tank. This permission has been partially implemented in that the single storey restaurant extension and replacement dormer windows have been erected. The two storey annex has not been built, but could be, and there is no control of its use. 9. 08/01437/AS – temporary planning permission granted for the stationing of a mobile home on the site. This permission was implemented and the mobile home removed from the site upon expiry. Consultations Ward Member: requests the application be reported to the Planning Committee should the recommendation be for approval for the following reasons: • The accommodation does not comply with the Council’s residential space standards; • could the mobile home previously on the site or the B&B accommodation be used; 4.2 Ashford Borough Council - Report of Strategic Sites and Design Manager Planning Committee 18 September 2013 ___________________________________________________________________ • planning permission allowing an extension to the main building for residential accommodation exists; and, • the business has not developed as a village public house. (DCM comment: this is not a material consideration with this application) Stone Parish Council: supports the application, but question the necessity for the conversion of the garage when there apparently is infrequent use of the B&B facilities and comment that if approved, the outbuilding shall be reinstated as a garage after the requested five year period. 4 Neighbours: 5 neighbours notified; 6 representations received, objecting to the application on the following grounds: • the applicant has little regard for planning laws and the works have already commenced to convert the garage as well as building a pizza oven without the benefit of planning permission (DCM comment: this was not regularised but considered acceptable in planning terms, so no enforcement action was taken); • could the mobile home previously on the site or the B&B accommodation be used given that the need is for temporary accommodation; • the original plans for an extension to the pub included living quarters; • 5 years is not temporary; • the development would be contrary to policy TRS1 of the Tenterden and Rural Sites DPD and is likely to become separate to the pub; (DCM comments: the occupation of the annexe would be tied to the public house by way of condition) • the applicant wishes to run the pub as a restaurant, but the future of the site as a pub is important to the village; (DCM comments: this is not a material consideration with this application); • the current extraction system in the pub does not follow DEFRA guidelines (DCM comments: again, this is not a material consideration with this application); • a neighbour already suffers from smells and noise from the extraction system and if the shed is moved, this situation will be exacerbated; and, (DCM comments: this is not proposed) 4.3 Ashford Borough Council - Report of Strategic Sites and Design Manager Planning Committee 18 September 2013 ___________________________________________________________________ • few people have been consulted on the application; (DCM comments: the consultation was carried out in accordance with the Council's Statement of Community Involvement). • if the original plans to extend the pub are resurrected, then this would leave a residential building no longer required; and, • the development is likely to result in the site being parcelled up into separate plots. Planning Policy 10. The Development Plan comprises the saved policies in the adopted Ashford Borough Local Plan 2000, the adopted LDF Core Strategy 2008, the adopted Ashford Town Centre Action Area Plan 2010, the Tenterden & Rural Sites DPD 2010 and the Urban Sites and Infrastructure DPD 2012. 11. The relevant policies from the Development Plan relating to this application are as follows:- Ashford Borough Local Plan 2000 EN16 – Development in Conservation Areas Local Development Framework Core Strategy 2008 CS1 – Guiding principles CS9 – Design 12. The following are also material to the determination of this application:- Government Advice National Planning Policy Framework 2012 13. Members should note that the determination must be made in accordance with the Development Plan unless material considerations indicate otherwise. A significant material consideration is the National Planning Policy Framework (NPPF). The NPPF says that less weight should be given to the policies above if they are in conflict with the NPPF. Assessment 14. The main issues for consideration are: 4.4 Ashford Borough Council - Report of Strategic Sites and Design Manager Planning Committee 18 September 2013 ___________________________________________________________________ • Principle • Visual amenity • Residential amenity • Parking and highway safety • Other issues Principle 15. The NPPF is committed to encouraging sustainable economic growth and states that planning policies should recognise and seek to address potential barriers to investment in business, one way being flexible working practices such as the integration of residential and commercial uses within the same unit. Furthermore, the NPPF encourages the conversion of existing buildings in the sustainable growth and expansion of all types of business and enterprise in rural areas and it is proposed under this application to utilise an existing outbuilding. 16. When the applicants acquired the site, they occupied a mobile home whilst works to refurbish the public house were carried out and the former landlord accommodation on the first and second floors was converted to B&B accommodation without the need for planning permission, to diversify the business and ensure its continued viability. They currently rent the neighbouring dwelling Chaplins and now wish to live on site, so that the money they would pay on rent can be invested into the business - providing annexe accommodation on the site would achieve this and facilitate the further growth and expansion of a rural business, meeting the objectives of the NPPF. Furthermore, the outbuilding is of sound construction capable of conversion without rebuilding. I therefore consider the principle of the development to be acceptable as it will contribute to the viability of the business. Visual Amenity 17. New development should preserve and enhance the character of Conservation Areas and protect the landscape value and scenic beauty of AONBs, in accordance
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