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Mr John Bentley and Mr David Joyce SITE

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Mr John Bentley and Mr David Joyce SITE ITEM NUMBER: 5 APPLICATION NUMBER: 13/08846/FUL APPLICANTS NAME(S): Mr John Bentley and Mr David Joyce SITE ADDRESS: The Lion Inn Defynnog Brecon Powys LD3 8SB GRID REF: E: 292543 N:228016 COMMUNITY: Maescar DATE VALIDATED: 4 February 2013 DECISION DUE DATE: 1 April 2013 CASE OFFICER: Mrs Ffion Bevan PROPOSAL Retrospective change of use from public house with associated residential dwelling to residential dwelling. ADDRESS The Lion Inn , Defynnog, Brecon CONSULTATIONS/COMMENTS Consultee Received Comments Maescar Community 6th Mar 2013 With regards to the above application for Council Retrospective Change of Use we would draw to your attention the relevant policy below: Policy ES5: Loss of Village Shops and Public Houses The change of use of village shops and public houses will be permitted where it can be demonstrated that: i) an assessment of the viability of the shop or public house as a commercial business, including its marketability, has been undertaken; and ii) the assessment demonstrates that the use of the shop or the public house cannot be viably sustained and consideration has been given to continuing the commercial element as ancillary to another use. We are extremely concerned about the loss of a public house in the village of Defynnog. There are limited public houses available at present to help support community life and help reduce the need for car travel for local people to access social facilities. The Lion Inn has for many years, up until the current owners ceased running it as a pub, provided an important function in terms of supporting community life for the residents of Defynnog and the surrounding areas. There have been many successful businesses run from the premises over the years which have attracted support from the local community and further afield because of the reputation for quality food and friendly service. We acknowledge that the current owners have not operated as a Public House for a number of years but as long as the current commercial use remains in place it could be quite easily be used for that purpose again. We consider that with the right owners possessing the required drive, enthusiasm and entrepreneurship there is no reason why the pub could not be successful again in the future. There are two extremely good examples in the area where pubs which have been closed down by one owner have been taken over and become successful thriving businesses i.e. The Shoemakers Arms, Pentrebach and The Usk and Railway Inn, Sennybridge. We see no reason why the Lion Inn could not follow in the same footsteps as these two examples one of which has been bought and re-established during extremely tough economic times when the current applicants are citing difficult trading conditions as their reason for closing down. Whilst we have not had adequate time to instigate a campaign and fully canvas members of the local community we are aware of significant opposition within the community opposing this change of use and potential permanent loss of an historic iconic Inn which we have been asked to bring to your attention. We note that this is a retrospective application and that the supporting documentation makes reference to the alterations that have already been made without planning permission. We would hope that you as our planning authority would take an extremely dim view on such a flagrant disregard of planning legislation when making your decision. We would also suggest that it is not right that the current owners who bought the premises on the understanding that they are commercial premises are now seeking a change of use to residential which will undoubtedly realise a higher asset value if disposed of after the granting of planning permission. We believe this may be the real reason behind this application for change of use. We do not want to see a precedent set whereby people can buy up commercial premises and seek a change of use to residential thereby benefiting from increased property value and the subsequent loss of facilities for local people. We note from the supporting documentation with the application that the premises were marketed with an Agent but we are not aware that any local advertising via ‘For Sale' boards on the property or adverts in the local press took place. The planning application form indicates that no local consultation has taken place with local people and this coupled with a low key marketing effort may be the reason why there was such limited int erest in the property. It may appear that there was little effort made to actively market the property and engage the local people to inform them of the potential closure and this was more of an exercise in seeking to satisfy the requirement of Policy ES5 and ultimately justify a change of use. We note from the supporting documentation prepared for the applicants that a case has been made that the pub is not viable. As our planning authority we would draw your attention to CAMRA'S Public House Viability Test (see:www.pubisthehub.org.uk). There are a significant number of questions in that document which need to be considered before viability can be determined. We do not consider that the supporting document prepared for the applicant fully addresses all the issues and has come to a premature conclusion on viability. The fact that the pub wasn't doing well may reflect more on the capability and entrepreneurship of the current owners as much as anything else particularly when you compare it to other local pubs. We do not consider that a change of use to residential should be approved because we do not feel that the applicant has demonstrated that all efforts to sell the premises as a commercial business has yet been exhausted nor has the feasibility of an ancillary commercial use been fully explored and backed up by sound market research. We request that you recommend refusal of this application on the grounds that the applicant has not satisfied the requirements of the policy and that change of use would have a significant adverse impact on supporting community life i.e. the permanent loss of use of the premises as a public house particularly at a time when the population of Sennybridge could yet expand. NP Head Of Strategy 29th Apr 2 013 This proposal fails to meet the requirements of policy Policy And Heritage ES5 and as such the Strategy and Policy team cannot be supportive of this application. It is requested that this application be refused. Powys County 19th Feb 2013 No Comments Council Highways NP Rights Of Way 9th May 2013 Please find attached a representation of the Officer Definitive Map of Public Rights of Way showing the location of the public footpath (no. 3 in the Community of Maescar) in the vicinity of the Lion Inn, Defynnog. I have today spoken to Ffion about the planning application to convert the public house into a dwelling. NP Heritage & 8th Mar 2013 These comments are written with regard to the Conservation Officer heritage and conservation aspects of the proposals. POLICY CONTEXT Planning Policy Wales, Edition 5 (November 2012) Paragraph 6.5.9 states that where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses. Brecon Beacons National Park Unitary Development Plan (March 2007) Policy Q16: The Settings of Listed Buildings Development proposals which would adversely affect the setting of a listed building will not be permitted. CONSIDERATION The Lion Inn is unlisted but there are a number of listed buildings nearby. Church Row is a terrace of 8 houses which are grade II listed and neighbour the Lion Inn to the south. Behind Church Row is grade I listed St Cynog's Church and its churchyard. The grade II listed Old Vicarage lies to the south west. The main issue from a heritage and conservation perspective is the potential impact of the change of use on the setting of the nearby listed buildings. Although unlisted, the Lion Inn is a building of some age and makes a contribution to Defynnog and the setting of the listed buildings; however the submitted plans do not indicate any external changes to the building. It is therefore considered that the proposal is not likely to have an impact on the setting of the surrounding listed buildings. CONTRIBUTORS NEIGHBOUR/THIRD PARTY RESPONSE SUMMARY None received RELEVANT POLICIES G3: “Development in the National Park” (Unitary Development Plan 2007) ES5: “Loss of Village Shops and Public Houses” (Unitary Development Plan 2007) Q16: “The Setting of Listed Buildings” (Unitary Development Plan 2007) Q21: “Rights of Way and Long Distance Routes” (Unitary Development Plan 2007) LPG3: “Development in the National Park.” (Local Plan 1999) LPCB4: “Listed buildings.” (Local Plan 1999) LPT14: “Recreational paths.” (Local Plan 1999) PLANNING HISTORY App Ref Description Decision Date K14433 Constr uction of front porch and Application 20th Nov 1995 a retaining wall along North and Permitted East sides of inn, retention of L.P.G. tank and retention of new doorway to south elevation (Full) K5755 Full planning application for Application 28th Jun 1982 change of use of building to Permitted workshop & alterations to building OFFICER’S REPORT INTRODUCTION This application is being reported to PAROW on the request of the Head of Development Control, as it is considered that there are issues raised in this application that should be considered by Members of the PAROW Committee.
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