ITEM NUMBER: 5

APPLICATION NUMBER: 13/08846/FUL APPLICANTS NAME(S): Mr John Bentley and Mr David Joyce SITE ADDRESS: The Lion Inn Defynnog LD3 8SB GRID REF: E: 292543 N:228016 COMMUNITY: 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, . 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 , 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.

This application seeks Retrospective Change of Use from a public house to a residential dwelling. The application was submitted following an Enforcement Complaint.

This site is located within the settlement of Defynnog as defined by the Brecon Beacons National Park Unitary Development Plan 2007 (‘the UDP’) and the Brecon Beacons National Park Local Plan 1999 (‘the Local Plan’).

SITE DESCRIPTION

The Lion Inn is a Public House, located on the approach road to Defynnog from the north (A4067). It is a traditional detached building, of painted white stone and a slate roof. It is set back approximately 6 metres from the highway and parking for 6 cars can be accommodated to the north of the building. The area to the front of the pub is tarmacked and open in nature.

There are residential properties surrounding the site, all of different designs and external finishes. Church Row and St Cynog’s Church to the south of the site are Listed Buildings and the area is surrounded by open countryside.

The public house has garden space to the rear along with outbuildings, which were the old toilet facilities. A public right of way also enters the site, through the existing car park.

PROPOSAL DESCRIPTION

This application seeks consent for retrospective change of use of a Public House to a residential dwelling.

The pub has been in the applicants’ ownership since 2007 and up until 2011, the first and second floors, comprising of living room, bedrooms and bathroom, formed the residential accommodation for the pub.

The owners have made some alterations to the building to afford them to unlawfully occupy the pub solely as a dwelling as follows:

- The current kitchen area was previously a small seating area for the public house - The current dining room previously had a bar in one corner, constructed of timber, which has now been removed. A partition is now in place to separate of the kitchen from the dining room. - The lounge bar has two opening, however one of these opening has been blocked up by a partition wall and the room is now used as a residential lounge. - The storage room was previously the bar kitchen, and all of the professional kitchen equipment has been removed. - A small sitting room has replaced the former meeting room - The original cellar is now a utility room

The application also seeks consent for the change of use of all external areas to residential amenity space.

OFFICER APPRAISAL

Whilst the development plan for the area includes the adopted Local Plan (1999), it has been largely superseded by the more up to date UDP (2007) which stopped short of formal adoption but was adopted for development control purposes. The UDP therefore provides a more up to date and relevant planning framework. This application is considered against policies G3, ES5, Q16 and Q21 of the UDP and policy G3, CB4 and T14 Local Plan policies. Whilst the development proposal will be considered against both the Approved UDP and Adopted Local Plan policies, greater weight shall be given to the more up to date UDP policies unless the Local Plan policies materially differ to warrant a departure from the UDP.

The Brecon Beacons National Park Authority Local Development Plan (LDP) has been published in draft and progressed to public deposit state and is in the process of being examined. Legal Advice is that whilst the emerging LDP is now material, little weight can be given to it in planning decision making at this stage.

Reference is also made to Technical Advice Note 6 ‘Planning for Sustainable Rural Communities (2010), which seeks to support the delivery of sustainable rural communities.

There are 5 issues to be considered:

1) Principle of the Development 2) Impact on Visual Amenity and the Setting of Listed Buildings 3) Neighbouring Amenity 4) Impact on Highway Safety 5) Impact on Right of Way

PRINCIPLE OF THE DEVELOPMENT

National Planning Policy

Technical Advice Note 6 Planning for Sustainable Rural Communities. Welsh Assembly Government, 2010 (TAN6) seeks to support the delivery of sustainable rural communities, in particular to paragraph 5.1.3 which sets out that Planning Authorities have a duty to ensure that rural communities remain sustainable by supporting appropriate proposals which improve viability of existing rural services, whist protecting existing services from changes to other uses. TAN 6 sets out that “rural…public houses …play an important role in sustaining rural communities” (5.1.3). As such the National Park Authority has a duty to ensure that rural public houses are protected from changes of use which would result in the closure of an important rural community facility.

Unitary Development Plan

Policy G3 (ii) of the BBNP UDP states that ‘the proposed development lies within the “white areas” of the settlements as shown on the Proposals Map, with the exception of those developments covered by policies which enable development in the countryside”

Within Settlements, there is no presumption against residential development. To this end, it is considered that the proposed development is acceptable in planning policy terms as it complies with criterion (ii) of the Policy G3 of the BBNP UDP as the application site is located within the settlement of Defynnog.

However, the preamble to Policy ES5 of the UDP states that, “Proposals for the change of use of village shops and public houses will be resisted where these are providing an important function for a recognised community. The applicant will be expected to demonstrate that all reasonable efforts have been made to market and sell the business as a commercial unit and that it is no longer financially viable. Change of use to residential will be resisted until it can be demonstrated that all efforts to sell the premises as a commercial business have been exhausted and the feasibility of an ancillary use has been fully explored “

The policy then goes on to state:

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 viable sustained and consideration has been given to continuing the commercial element as ancillary to another use.

In accordance with the policy, proposals will only be permitted for change of use where it is proven that an appropriate marketing exercise has been undertaken. Where this marketing exercise has proven that there is no interest in maintaining the use of the building as a public house. The applicant must be able to demonstrate that the business is no longer commercially viable and further to this, demonstrate how they have considered continuing to run a commercial business from the premises.

Financial statements and viability assessments were submitted in support of the application and they included details of the level of marketing that has been undertaken. In relation to criterion (i) of the policy above, it is questionable whether two years of accounts are sufficient to demonstrate the viability of the business. However it is accepted that the public house was having financial difficulties up until the time the owners decided to close the establishment.

However the main concerns relate to the appropriateness of the marketing that was undertaken. Firstly, the price the property was marketed at, £275,000, is excessive for the current market. A review of the marketing by the District Valuer makes the following assessment “evidence suggests that an asking price of £275,000 for a public house of this character, size and nature within the Brecon Beacons National Park boundary is excessive and unreasonable”. Marketing at an inflate price, above the current market, is not acceptable in terms of policy ES5 of the UDP.

Secondly, the applicants have not satisfactorily demonstrated that the business would not be sustainable or a viable business in the future. Section 4.1 of the Applicants Planning Statement and Assessment of Viability states that, “4 offers were put forward in July 2010 of £180,000, £200,000, £210,000 and £215,000” and whilst it is acknowledged that these offers were below the price paid for the property in 2007, these offers were appropriate for the market at the time of offers and illustrate that there is interest in running a pub here as a going concern.

It is therefore considered that this proposal:-

a) has not been appropriately marketed and b) has failed to demonstrate that that the future use of the property as a public house is financially unviable

In addition, no consideration has been made to explore other uses for the property which retain a commercial element (in line with the policy requirements).

As a result, based on the above, it is considered that this proposal fails to meet the requirements of Policy ES5 of the BBNP UDP and the objectives of TAN 6. Therefore the principle of development is not acceptable and an objection is raised by the Strategy and Policy Team.

An objection has also been raised by Maescar Community Council on the grounds that the change of use does not comply with Policy ES5, and concerns are raised in relation to the loss of a community facility in the village.

IMPACT ON VISUAL AMENITY AND THE SETTING OF LISTED BUILDINGS

Policy G3 sets out the development control function to ensure that all development complies with the UDP’s aims and objectives to protect the natural beauty and resources of the Park. Criterion (iii) indicates ‘the scale, form, design, layout, density, intensity of use and use of materials will be appropriate to the surroundings and will maintain or enhance the quality and character of the Park’s landscape and built environment’.

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.

Policy Q16 of the BBNP refers to the ‘Settings of Listed Buildings’ and Development proposals which would adversely affect the setting of a listed building will not be permitted.

The Lion Inn is currently unlisted but National Park Authority Building Conservation Officer has recommended to CADW that it be listed and 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.

Given that there are no proposed external alterations to the building, it is considered that there would be no adverse impact on the visual amenity of the surrounding area and the application would comply with policy G3 (iii) of the BBNP UDP.

The main issue from a heritage and conservation perspective is the potential impact of the works on a potential listed building and on the setting of the nearby listed buildings. Although currently not a listed building, the Lion Inn is a building of some age and makes a substantial contribution to Defynnog and the setting of the listed buildings.

Given that there are no proposed external alterations, it is considered that the proposal is not likely to have an impact on the setting of the surrounding listed buildings and would comply with policy Q16 of the BBNP UDP.

NEIGHBOURING AMENITY

Policy G3 (v) of the UDP aims to ensure that any proposed development does not have an unacceptable impact on the amenity of the area, adjacent properties or the general public.

Given the use of the site as a public house with no external alterations, it is considered that the proposal would not have a detrimental impact on the amenity or privacy of neighbouring properties.

As such, the application would comply with policy G3 (v) of the BBNP UDP.

IMPACT ON HIGHWAY SAFETY

Policy G3 (vii) and (ix) aims to ensure that proposed development has an adequate means of access and parking space and would not create an impediment on highway safety.

Parking is accommodated within the existing pub car park to the north of the site. There is ample parking provision and turning space for approximately 6 cars. No objection is raised from Powys County Council Highways Authority.

As a result, it is considered that the proposal would comply with policy G3 (vii) and (ix) of the BBNP UDP.

IMPACT ON THE PUBLIC RIGHTS OF WAY

Policy Q21 of the BBNP UDP refers to Rights of Way and Long Distance Routes, and states that ‘Development that would prevent or adversely affect the use of a public right of way will only be permitted where an equivalent alternative route can be provided.

The Public right of way currently crosses the northern edge of the site, through the pub car park. As is currently stands, the area is still open and there is no proposal to enclose the site.

As a result, it is considered that the proposal would not adversely affect the use of public right of way and comply with comply with policy Q21 of the BBNP UDP.

CONCLUSION

Retrospective Planning Permission is sought for the conversion of the Lion Inn, a Public House in Defynnog to a Residential property.

The application is mainly considered against policy ES5 of the BBNP UDP and it is clear from the evidence supplied within the supporting documents and comments received from the District Valuers, that the Marketing Assessment has resulted in interest and reasonable offers from prospective buyers to buy and run the premise as a Public House and that the asking price was excessive and unreasonable for a Public House in the Brecon Beacons National Park.

As such, the loss of the Public House is unacceptable and the proposal is contrary to policy ES5 and the principle of TAN 6, to ensure the sustainable future of rural communities within the National Park.

The application is therefore recommended for refusal and will be referred to the Enforcement Team to take appropriate action.

RECOMMENDATION: Refuse

Conditions and/or Reasons:

Reasons:

1 The unjustified and retrospective change of use of the Lion Inn, Defynnog to a residential dwelling, has resulted in the loss of a Community Facility in a rural community contrary to the requirements of Policy ES5 of the BBNP UDP and advice contained within TAN 6.