HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 8 May 2007

PLAN: 05 CASE NUMBER: 07/00325/FUL GRID REF: EAST 411409 NORTH 464241 APPLICATION NO. 6.59.99.K.FUL DATE MADE VALID: 23.01.2007 TARGET DATE: 20.03.2007 WARD: Nidd Valley

VIEW PLANS AT: http://tinyurl.com/2pqf4s

APPLICANT: Mark Spencer Trading As Miners Arms

AGENT:

PROPOSAL: Conversion of part of public house to form 1 dwelling, managers flat, additional letting rooms and training room, including demolition of single storey extensions to front, erection of single storey rear and side extensions and roof terrace to rear.(Site Area 0.2ha, Revised Scheme)

LOCATION: Miners Arms Hotel Greenhow Harrogate North Yorkshire HG3 5JQ

REPORT

SITE AND PROPOSAL The Miners Arms is a public house in Greenhow, north of Pateley Bridge. The pub faces the road on the south side of the settlement, set behind a forecourt. There is a car park to the west. Originally built as a terrace of three cottages, the building has been much altered and extended over the years. There is a 2-storey wing extending forwards to the west of the main range. Shallow-pitched single storey extensions have been added to the front. The whole building is white-painted stone with black window surrounds.

It is proposed to remove the extensions to the front of the building and convert it to various uses. The right-hand bay would be converted to a separate dwelling. The public bar would be retained on the ground floor of the west part of the building, and would be accessed via a new porched entrance on the west elevation off the public car park. There would be a restaurant above the bar and function room in the central part of the building. The function room would be used by the applicant for his training courses, which run for 3 days twice a month. The public bar and restaurant would be served by a kitchen, cellar and toilets in part of the lean-to extension on the front elevation which would be retained.

There would be 6 letting rooms and a manager's flat. Four of the letting rooms would be located on the first and second floors of the central part of the building, with the remaining two on the ground floor of the west wing. The manager's flat would be on the first floor of this wing.

MAIN ISSUES 1. Policy 2. Loss of Community Facility 3. AONB 4. Residential Amenity 5. Public Open Space

RELEVANT SITE HISTORY

80/13227/FUL - Converting Old Stables into bedroom accommodation, extension to public lounge. Granted 14.11.1980

81/01159/FUL - Extending Public House & altering outbuildings to form self contained flat. Granted 13.11.1981

84/00910/FUL - Erecting one tonne propane storage tank to provide a gas supply. Granted 05.06.1984

84/01685/ADV - Erecting two externally illuminated single sided timber board signs. Withdrawn 23.07.1984

85/01769/FUL - Extending existing car park. Granted 24.09.1985

89/00878/OUT - Block of three stables. Granted 19.06.1989

91/00846/FUL - Conversion of existing barn to form four holiday letting bedrooms. Granted 18.04.1991

06/04110/FUL - Erection of 1 detached dwelling, conversion of part of public house to form 2 dwellings and change of use from additional living accommodation to public house and installation of new package treatment plant (Use Class A4 - Drinking Establishments)(Site Area 0.2 ha). Withdrawn 25.09.2006

CONSULTATIONS/NOTIFICATIONS

H.B.C Land Drainage Complaints have been received in recent years regarding discharge and smell from the existing septic tank soakaway serving the Miners Arms. Please ensure the Environment Agency's requirements with regard to the proposed package treatment plant are met in full.

Yorkshire Water This proposal is in an area remote from/not served by the public sewerage system and so should be referred to the Environment Agency and Environmental Health for comment on private treatment facilities. Suggest the developer discharges surface water to either a soakaway or watercourse.

NYCC Highway Authority Recommends standard conditions: HW10 (Visibility Splay), HW19 (Parking Spaces to remain).

Environmental Health (Springfield) Whilst no specific information has been provided in respect of extract ventilation and odour control from the restaurant kitchen, a suitable system could be installed to mitigate nuisance to the residential accommodation.

Express concern regarding details of sewage disposal arrangements. The existing treatment plant was installed following previous significant drainage problems, the land to the rear being seriously fouled. The application does not indicate whether an additional treatment plant is to be installed or whether this replaces the existing.

If the proposed system replaces the existing, it is of insufficient size, catering for a max of 18 people (12 bedrooms). With 13 bedrooms indicated as well as additional usage from restaurant patrons and the training facility, this is inadequate. If the proposed treatment plant is in addition to the existing system, its position and intended outfall have not been indicated. As the site is of compact nature, I do not know where an additional tank could be satisfactorily sited. Nor is there any capacity for a soakaway on site that would cater for treated discharge.

In deciding what size any sewage treatment plant should be, I would need to understand how the 'training' facility was to be used - i.e. anticipated number of people visiting the premises and for how long this would be used as well as assessing usage from the bar/restaurant.

Disability Action Yorkshire No comments received

DCS - Open Space (Brandreth) Commuted sum for off-site Public Open Space: £694.06. Allocated to Greenhow Play Area and Verges.

Parish Council BEWERLEY

The Coal Authority Standing Informative

Minerals & Waste Planning, NYCC There are dormant planning permissions for mineral extraction in the vicinity of the application site. Although these dormant planning permissions remain valid it is unlawful for any mineral working to proceed on the sites in the period after 1 November 1995 unless modern conditions have been approved by the County Council under the Environment Act 1995.

Environment Agency No objections but wishes to make the following comments.

There should be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways.

RELEVANT PLANNING POLICY PPS1 Planning Policy Statement 1: Delivering Sustainable Development LPR04 Harrogate District Local Plan (2001, as altered 2004) Policy R4, Open Space Requirements for New Residential Development LPC01 Harrogate District Local Plan (2001, as altered 2004) Policy C1, Conservation of Nidderdale A.O.N.B PPS07 Planning Policy Statement 7, Sustainable Development in Rural Areas LPC16 Harrogate District Local Plan (2001, as altered 2004) Policy C16, The Re-use and Adaptation of Rural Buildings LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPA01 Harrogate District Local Plan (2001, as altered 2004) Policy A1, Impact on the Environment and Amenity LPCFX Harrogate District Local Plan (2001, as altered 2004) Policy CFX, Community Facilities Protection LPIMP2 Harrogate District Local Plan (2001, as altered 2004) Policy IMP2, Provision of Infrastructure Needs Generated by Development

APPLICATION PUBLICITY SITE NOTICE EXPIRY: 26.02.2007 PRESS NOTICE EXPIRY: 23.02.2007

BEWERLEY PARISH COUNCIL - Objects on the following grounds:

- roof terrace to rear out of keeping - loss of community facility - loss of tourist facility - problems with foul drainage

OTHER REPRESENTATIONS - 12 letters of objection received, including one from Greenhow Local History Club. Grounds of objection:

- loss of pub/community facility - pub has been closed to public - private right of way across car park not shown - foul drainage - loss of heritage feature

Two letters of support.

72- name petition received objecting to proposed development:

' We the undersigned, confirm that we wish to object the Planning Application 07/00325/FUL on the grounds that the proposals are contrary to Policy CFX (Community Facilities Protection) of the Selective Alteration to the Harrogate Local Plan, and will adversely harm the village amenity. We consider that the case should be heard before the full Planning Committee and recommend that permission should be refused.'

Comments on amended plans.

Two individuals have withdrawn their names from petition. Three letters received maintaining original objections.

VOLUNTARY NEIGHBOUR NOTIFICATION - None undertaken

ASSESSMENT OF MAIN ISSUES 1. POLICY - Local Plan Policy CFX states that proposals involving the loss of premises in community use, including public houses, will not be permitted except in certain circumstances. One of these is where there is no reasonable prospect of the existing use continuing on a viable basis, with all options for continuance having been fully explored. In order to make such a case for public houses, owners are required to provide evidence to show that reasonable attempts have been made to actively market the property, and should also include trading accounts for the last 3 years. This issue is considered below.

The site is within the AONB, where Local Plan Policy C1 states that priority will be given to the conservation of the natural beauty of the landscape.

Local Plan Policy C16 permits the residential conversion of rural buildings subject to various criteria.

2. LOSS OF COMMUNITY FACILITY - The proposed development would reduce the amount of floorspace dedicated to the pub/restaurant from 315 sq m to about 170sq m. The proposed letting rooms would be used for residents on training courses, but would be available for paying customers at other times.

The applicant's aim is that the training business and associated letting rooms would subsidise the reduced public facility. The Council's Acting Valuation Officer has some sympathy with this approach, arguing that licensed properties are valued not on floorspace but on turnover.

The evidence is that The Miners Arms was viable when the applicant bought it, but that turnover had been on a downward slope for some time, the problem being that this is a relatively large pub in a very remote location and is not going to be sustained by drink sales. The applicant's plan to incorporate more letting bedrooms is therefore considered to be a good one in principle, likely to bring in a more reliable source of income. There is already some letting trade from contractors working at Menwith Hill or the local quarry, and these are likely to continue to provide a source of income for the foreseeable future. In season, the rooms are also let to shooting party members and clearly there is scope for increasing this business. Better quality rooms will also attract holidaymakers and hikers. Increasing the number of letting rooms therefore appears to be a sensible way to secure the long-term continuation of the business here.

However, the letting rooms need to be backed up by an attractive pub with the facilities for preparing good-quality food. This is essential for attracting the tourists, walkers and shooting parties. Tourists will expect to be able to enjoy a good evening meal on the premises in pleasant surroundings.

The applicant has submitted amended floorplans showing part of the front extension retained for toilets and a larger cellar, allowing the whole of the room to the rear to be used as the public bar. A restaurant has been added on the floor above, in place of the two letting rooms in the original plans. In addition, the training room is now also described as a function room, and would be used as part of the public facilities when not used by the applicant's training business (about 6 days per month).

The Parish Council and objectors have been notified about these amended plans, together with the Environment Agency and Environmental Health Officer. The amended plans provide for a larger community facility, and although this reduces the amount of floorspace dedicated to the public house, this is considered to provide a more viable option such that it is considered that the proposed development now accords with Local Plan Policy CFX. The Environment Agency has no objection to the amended plans, subject to conditions on foul drainage. The views of the Environmental Health Officer are awaited and any recommendation is subject to these comments.

3. AONB - The proposed works of demolition are generally considered to be acceptable, as the more unsightly later additions to the building would be removed and it would more resemble its original form. Two small extensions are proposed; a small single storey extension to the front to replace the large extension, and a first floor extension to the rear. Neither of these is considered to detract from the character of the building or the AONB.

The proposed private dwelling and the sub-division of the rear gardens are not considered to have a negative impact on the landscape of the AONB. The private house would have a garden to the front enclosed with stone walls, and this is considered to be acceptable in terms of landscape impact.

4. RESIDENTIAL AMENITY - The proposed dwelling would be separated from the principle rooms used for the public house and restaurant and the car park. It would however be next to the function room, and the views of the Environmental Health Officer on this relationship have been sought.

5. PUBLIC OPEN SPACE - The commuted sum for the provision of Public Open Space has been calculated at £694.06. A signed agreement has been received undertaking to make this payment.

CONCLUSION The development would not significantly harm the amount of community facility available to the public or the character and appearance of the existing building or the landscape of the AONB. The proposal therefore accords with the provisions of the development plan and there are no other material considerations in this instance that warrant setting aside local plan policies.

CASE OFFICER: Mr M Williams

RECOMMENDATION

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

1 The development hereby permitted shall be begun on or before . 2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details, as amended by letter and or drawings received by the Council of the Borough of Harrogate on the 23 March 2007 and as modified by the conditions of this consent. 3 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. 4 There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways. 5 A sight line shall be maintained at the access to the site, measured a distance of 2.4 metres back from and parallel to the edge of the existing carriageway along the site frontage. Thereafter the area between the sight lines and the highway boundary shall remain clear of any obstruction in excess of 1 metre in height above the adjoining carriageway level. 6 Notwithstanding the provision of any Town and County Planning General Permitted or Special Development Order for the time being in force relating to "Permitted Development", the areas shown on the approved plan to be used for the provision of parking spaces, turning area and access shall be retained and kept available for those purposes at all times and shall not be used for any other purpose. 7 The rooms outlined green on the attached plan shall be retained for use as a public house and shall not be used for any other purpose.

Reasons for Conditions:-

1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 In order to ensure that the development is carried out in accordance with the approved drawings. 3 In the interests of visual amenity. 4 To prevent pollution of the water environment. 5 In the interests of road safety to provide for drivers of vehicles using the access road to the site and the public highway with a standard of inter-visibility commensurate with the vehicular traffic flows and road conditions. 6 To ensure that the approved parking areas are provided and kept available for such use, in the interests of highway safety and the general amenity of the development. 7 In order to retain a community facility on site in accordance with Local Plan Policy CFX.