129 Colne Road Duke of York Burnley

Application Recommended for Approval APP/2008/0800 Bank Hall Ward

Listed Building Application Proposed change of use and conversion of former hotel/public house into 2 retail units at ground floor and 8no self-contained flats on upper floors 129 COLNE ROAD DUKE OF YORK BURNLEY

Application Recommended for Approval APP/2008/0798 Bank Hall Ward

Full Planning Application Proposed change of use and conversion of former hotel/public house into 2 retail units at ground floor and 8no self-contained flats on upper floors 129 COLNE ROAD (DUKE OF YORK HOTEL) BURNLEY

Background:

The application is to convert the Duke of York pub to 8 apartments on the upper floors. The change of use of the ground floor to 2 retail units does not require planning permission. The property is a Grade II Listed Building.

An objection has been received.

Proposed apartments on upper floors; 2 retail units at ground floor

Summary of Reason for Recommendation:

The development is generally in accordance with the Development Plan, in particular the policies listed below, and there are no other material considerations to indicate that planning permission should not be granted:

Relevant Policies:

Burnley Local Plan Second Review CF11 - District and local centres E10 - Alterations, extensions, change of use and development affecting listed buildings E21 - Gateways and throughroutes GP1 - Development within the Urban Boundary H11 - Living over shops and other commercial premises and housing and training projects H15 - Conversion and re-use for flats and bedsits TM15 - Car parking standards

Site History:

12/02/0204 – Listed Building Consent – Replacement of lower panes to ground floor windows with polycarbonate safety glazing (Approved)

12/02/0048 – Display of externally illuminated fascia signs and hanging pictorials (Approved)

12/87/0617 – Erection of 5 externally illuminated fascia signs, 2 externally illuminated double-sided painted signs, 4 internally illuminated ‘Bass’ triangles and 4 painted and sign written signs (Approved)

Consultation Responses:

Lancashire County Council Highways:

The situation as I understand it is that the change of use from a pub to a retail use is permitted development and it is this element that would cause the most concern. Notwithstanding the likelihood of increased foot fall onto the island, I would be concerned regarding the servicing arrangements for unit 1 which would involve vehicles unloading from Colne Road adjacent to a pelican crossing with the likelihood of introducing additional congestion into this area for vehicles travelling north. To avoid this I would suggest that all deliveries for this unit are required to take place from the link road along the northern edge of the building and trollied to the unit.

Unit 2 is accessed from the opposite side of the building and there are opportunities for deliveries to take place from the carriageway in the hatched area, although parking and waiting on the zigzag markings associated with the pedestrian crossing will not be permitted under highway regulations.

In respect of the residential units, given the location of the proposal adjacent to the quality bus route and the retail / service opportunities offered by the small commercial area surrounding the proposed development it would be difficult to sustain an argument against the development on the grounds of inadequate parking facilities.

In respect of the internal arrangements for both the retail and residential units, I would be surprised if the available storage area is sufficient to cater for the likely requirements.

Streetscene:

Concern over storage area – i.e. yard. Possibly inadequate storage facilities for the flats and trade premises. Also I have concerns regarding traffic issues – i.e. vehicles parking up on Colne Road gyratory systems.

Streetscene have been asked if they could provide me with additional details regarding storage facilities, for example what capacity would be required for each apartment and for the two retail units.. Further details on the storage arrangements shall be requested from the applicant by way of condition.

Environmental Health: No comments

Lancashire County Council (Archaeology):

The proposed conversion will have a significant impact on the historic character of the building, resulting in changes to circulation patterns within the building requiring the loss of some historic fabric. Consequently, should the Local Planning Authority be minded to grant both planning permission and Listed Building Consent to this or any other scheme, the LCAS would recommend that the building be recorded prior to any conversion work commencing, and that such works be secured by way of condition.

Thursby Garden Action Group:

Two additional retail units would mean considerably more pedestrians accessing the building via the roads that surround this building during already busy periods, potentially increasing the dangers from heavy traffic and extra use of the crossing causing even more delays and traffic congestion that has already been a concern to the authorities particularly with regard to emissions and higher than normal levels of pollution.

(With regard to concern raised over air pollution, I have spoken to Environmental Health who confirm that the current levels are not excessively high and these levels would not adversely affect the proposed uses.)

Secondly, there is no loading or unloading area whatsoever around the building, this has already been a problem with other retail outlets locally on the main roads blocking one of the busiest gateways into town; this one would present many more problems as it is centred in a ‘Road Island’.

Thirdly there is no parking facility for retail users, residents of the apartments and visitors. Already the area suffers from large numbers of cars and limited facilities, causing problems with disabled carriers and prams. Any further increase in parking on the residential streets would exacerbate this and peoples frustrations further.

Planning and Environmental Considerations:

The proposal is to convert the former Duke of York public house / hotel to 2 ground floor retail units with 8 self-contained apartments on the first and second floor. There are no proposed alterations to the exterior of the building, with only minimal necessary alterations internally. The change of use of the public house (Use Class A4) to retail (Use Class A1) is permitted development and does not require planning permission.

The first retail unit would be accessed from an existing entrance on the western elevation; the second unit would be accessed from an existing entrance on the eastern elevation. The apartments would be accessed from the main entrance into the building (previously the main entrance into the bar) on the eastern elevation where an existing staircase would lead to the upper floors.

The main issues to consider are the suitability of the site for residential conversion; residential amenity for both the neighbouring properties and the proposed apartments; impact, if any, on the character and appearance of the Listed Building; traffic / parking and refuse disposal.

The building had been used as a public house for a number of years; its business however has deteriorated over the last decade. It suffered from an arson attack a number of years ago, and it was discovered recently being used to cultivate cannabis. Previous owners have attempted to restore the pub and simulate its once thriving business, but have unfortunately failed to maintain a constant, viable drinking establishment.

It is important to keep Listed Buildings in constant use to avoid such buildings deteriorating over time. Although the property is not specifically allocated for housing in the Duke Bar Area Action Plan, the principle of using the property for residential (with retail at ground floor) would not undermine the aims of the AAP, and could provide accommodation to replace any demolition of housing in the vicinity. The principle of using the property for residential with ground floor retail is considered acceptable.

The proposed internal alterations would not be excessive or unnecessary and particular items of interest within the building, such as original fireplaces, would be retained. As mentioned, there would be no external alterations to the Listed Building. The proposed conversion would not adversely affect the character and appearance of the building, complying with policy E10 of the Burnley Local Plan Second Review. Lancashire County Council Archaeology Services advise that the building should be recorded prior to any conversion work commencing and this request shall be secured by way of condition.

Policy H15 of the Burnley Local Plan States that proposals for the conversion and re- use of buildings for the creation of flats and bedsits, which require planning permission, will be permitted where:

(a) the proposal would not adversely affect the amenity of the residents of neighbouring properties;

The nearest residential properties are located on the terraces running from Colne Road and set perpendicular from the application site, namely Bar Street and Cobden Street to the east, in addition to any possible flats above shops on Colne Road. No surrounding residential properties would be adversely affected by the proposal – there are no extensions or other buildings proposed which could affect light or outlook, and the residential properties are sufficiently distanced from the site so as not to be adversely affected in terms of loss of privacy.

(b) the proposal is sympathetic to the character and appearance of the building and its locality;

All proposed alterations would be internal and, as previously mentioned, they would not cause detriment to the character and appearance of the Grade II Listed Building, nor would they cause detriment to the character of the local area.

The proposed flats are sufficiently sized for single occupancy or couples. Each flat has adequate light from the existing windows. A residents association has highlighted concerns with regard to air pollution in the area, however after speaking to an Environmental Health Officer these levels are not to an extent in which they would adversely affect the residential environment of any future occupants.

(d) the proposal provides adequate facilities for refuse disposal; and

The proposed plans indicate that an existing storage yard to the rear of the building would be used for refuse storage for both the apartments and retail units. Streetscene have raised concerns in relation to the size of this refuse storage area and that it may be inadequate. I have requested details from Streetscene with regard to how much capacity each apartment and retail unit would require and have requested further details of the refuse storage areas by way of condition. It is possible that slight internal alterations would be needed to allow for more adequate facilities and this can be fully assessed during the ‘conditions compliance’ stage once such information is received.

(e) there would be safe and convenient access for vehicles and pedestrians, and the provision of appropriate car-parking for the needs of the people living there, see Transport and Movement Policy TM15 – “Car Parking Standards”.

There is no off-street parking available within the application site. This is an obvious hindrance of the position of the building, which was also highlighted in an objection from the Thursby Garden Action Group.

The change of use of the ground floor of the former pub into retail units does not require planning permission and therefore issues in relation to the unloading of goods for these units would be difficult to control under planning legislation. Even so, the Highways Engineer has highlighted an area for each unit to unload deliveries. Deliveries for the first unit should park on the link road on the northern boundary of the application site, which links Briercliffe Road with Colne Road. Deliveries for the second unit should park on the Briercliffe Road boundary, in the hatched area a short distance before the pelican crossing. As the change of use of the ground floor is permitted development, these arrangements cannot be added as formal conditions but shall instead be added as an informatory note. However, the same arrangements can be put in place for any deliveries to the apartments, and in this respect can be added by way of condition.

Link road on northern boundary Hatched area on Briercliffe Road(above zigzags)

The site clearly has no off-street parking spaces and this would become apparent to any potential future occupiers of the apartments. The proposed apartments are unlikely to attract families or couples using one or more cars, and given that the site is on a Quality Bus Route they would more likely attract non-drivers.

The Highways Engineer agrees ‘it would be difficult to sustain an argument against the development on the grounds of inadequate parking facilities’. The immediate vicinity is served by a variety of existing retail outlets, in addition to the larger supermarket Lidl to the north. The site is served well by a Quality Bus Route, allowing easy access into Burnley Town Centre to the south and Nelson to the north. After careful consideration, although there is no parking provision, it would be unreasonable to refuse the application for the lack of parking facilities given the location of the site.

In conclusion, after several attempts of reviving the vitality and viability of the pub with very limited success, it is important that the building is kept in use to prevent potentially irreversible deterioration of a landmark Grade II Listed Building. The site suffers from a complete lack of parking, however, its use as apartments would attract a particular kind of person whose needs are fully served from the Quality Bus Route and nearby retail opportunities. Given that Burnley College is near completion, the apartments would provide ideal accommodation for young students who don’t own a car.

The proposal is within the aims of the above Local Plan policies and after careful reflection, in my view is considered acceptable.

Recommendation One:

That planning permission be granted subject to the following conditions

Conditions

1. The development must be begun within 3 years of the date of this decision

2. The development shall not be commenced until full and acceptable details of an internal or external refuse storage area(s) have been submitted to and approved in writing by the Local Planning Authority. The approved area(s) shall be provided before the start of the use and thereafter permanently retained.

3. No works shall take place on the site until the applicant, or their agent or successors in title, has secured the implementation of a programme of building recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority.

4. The unloading of deliveries for the apartments shall be carried out in the hatched area on the link road between Colne Road and Briercliffe road on the northern boundary of the site, or in the hatched area before the zigzag markings on Briercliffe Road on the eastern side of the site at all times.

Reasons:

1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. To provide satisfactory refuse storage provision in the interests of the appearance of the site and locality.

3. To ensure and safeguard the recording and inspection of matters of archaeological / historical importance associated with the building / site.

4. In the interests of highway and pedestrian safety

Recommendation Two:

That Listed Building Consent be granted subject to the following conditions

Conditions:

1. The works shall start within three years from the date of this consent.

2. No works shall take place on the site until the applicant, or their agent or successors in title, has secured the implementation of a programme of building recording and analysis. This must be carried out in accordance with a written scheme of investigation, which shall first have been submitted to and agreed in writing by the Local Planning Authority.

3. All existing architectural features including staircases, balustrades, windows, doors, architraves, skirtings, dados, picture rails, panel work, fireplaces, tiling, corbelled arches, cornices, decorative ceilings and other decorative features shall be retained except where otherwise agreed in writing with the Local Planning Authority.

Reasons:

1. Required to be imposed pursuant to Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2. To ensure and safeguard the recording and inspection of matters of archaeological / historical importance associated with the building / site.

3. To ensure the satisfactory preservation of this listed building and to comply with policy E10 of the Burnley Local Plan Second Review.

BS 18/12/2008