HARROGATE BOROUGH COUNCIL PLANNING COMMITTEE – AGENDA ITEM 6: LIST OF PLANS. DATE: 19 July 2016
PLAN: 03 CASE NUMBER: 16/00621/FUL GRID REF: EAST 417753 NORTH 464588 APPLICATION NO. 6.49.77.K.FUL DATE MADE VALID: 19.02.2016 TARGET DATE: 15.04.2016 REVISED TARGET: CASE OFFICER: Mrs Kate Williams WARD: Pateley Bridge
VIEW PLANS AT: http://uniformonline.harrogate.gov.uk/online- applications/applicationDetails.do?activeTab=summary&keyVal=O2N56QHY0B000
APPLICANT: Yarn Tex 2 Ltd
AGENT: Mr Chris Robinson
PROPOSAL: Renovation and relocation of public bar with ancillary accommodation, And creating of 3 Holiday Cottages to be used in conjunction with bar. (Revised Scheme)
LOCATION: The Birch Tree Inn Lupton Bank Glasshouses Harrogate NORTH YORKSHIRE HG3 5EA
REPORT
SITE AND PROPOSAL
This proposal seeks to convert the main building into holiday let accommodation (Use Class C3) and make alterations to the building to facilitate this. The proposal consequently seeks to relocate the public house into a purpose built extension on the building.
The prominent building dates from the mid Victorian period. It is constructed in local stone with a stone slate roof supported with free spanning trusses, all in the style of a local farmhouse, which has a later single storey lean to side extension on it. The building is two storeys. The building has been unsympathetically altered by way of openings and uPVC windows. The attached building to the side/rear is a barn type structure which predates the main buildings and is also of two storeys.
The building has as referred to above 3 main separate elements. The original Public House was situated on the ground floor, and accessed from the front elevation, or side lean-to elevation. It has various ancillary rooms at ground floor including toilets and kitchens. The upper floors were subdivided into smaller rooms for living accommodation and sometime letting purposes. The barn had ancillary rooms/kitchen and was sometimes used as holiday lets. The staircase was within this building. The lean-to provided a link to the barn and an entrance to the public house.
The main building is set a short way back from the main road, and accessed from it, with parking at the rear and side. The site is set within a well-defined stone wall curtilage in isolation from other properties. Immediately adjacent land is open countryside. The land slopes towards the north from the road and also rises to the west. There is limited vegetation on or around the site.
The physical alterations to the building include a larger replacement lean-to on the side of the building, with the creation of an enlarged outside seating area in front of this. The proposal also includes alterations to the barn by raising the eaves and ridge. The rear includes alterations to form external staircases.
The proposal seeks to create two 1 bed holiday lets and one 2 bed holiday let. These will be accommodated within the main building. At ground floor the space is sub-divided almost centrally down the middle of the building into open plan living/kitchen areas for two cottages. Access for Cottage 1 is from the existing kitchen area at the rear. The entrance to cottage 2 is from the existing front elevation and an entrance at the rear of the building as well. The rear portion of the building at first floor proposes the living and kitchen accommodation for the third holiday cottage, which is accessed from the rear via a new external stair case.
The application is retrospective in part as external alterations to the barn structure and rear of the building have commenced. The internal layout of the buildings was eviscerated following the closure of the public house. A new retaining wall to the road has been constructed.
MAIN ISSUES 1. Land Use Principle 2. Design & Impact upon the Nidderdale Area of Outstanding Natural Beauty 3. Amenity Impact 4. Highway Impact, Access and Parking 5. Environmental Impact
RELEVANT SITE HISTORY The planning history (which is listed on the Progress Sheet on the application file) mainly relates to the extension of the car park, access or advertisement consent. Of most relevance is the application to extend the car park to the rear of the site to the north under the application listed below showing the extent of the current curtilage.
82/00442/FUL - Extending car park The Birch tree Inn, Wilsill. PERMITTED 02.04.1982
CONSULTATIONS/NOTIFICATIONS Pateley Bridge Parish Council
NYCC Highways And Transportation There is adequate space within the site to accommodate parking for the three holiday cottages as well as the cafe and bar. Economic Development Officer Makes observations that they would be disappointed to see the loss of the public house in this rural location and would like to see an appropriate future for the public house. They would want to see evidence of demand for self-catering accommodation, the public house may be more advantageous to the districts economy than the provision of additional accommodation.
Planning Policy Written comments not received. See assessment.
Environmental Health No objections, recommends conditions.
Estates Manager No objections, they advise that they consider the property has not been assessed under policy CFX by a specialist Licenced Valuer.
DCS - Open Space A commuted sum towards the provision of public open space and village halls can not now be sought for this proposal.
Private Sector Housing Written comments have not been received. See assessment.
RELEVANT PLANNING POLICY NPPF National Planning Policy Framework CSSG3 Core Strategy Policy SG3 Settlement Growth: Conservation of the countryside, including Green Belt CSSG4 Core Strategy Policy SG4 Settlement Growth: Design and Impact CSJB1 Core Strategy Policy JB1: Supporting the Harrogate District economy CSEQ1 Core Strategy Policy EQ1: Reducing risks to the environment CSEQ2 Core Strategy Policy EQ2: The natural and built environment and green belt LPC01 Harrogate District Local Plan (2001, as altered 2004) Policy C1, Conservation of Nidderdale A.O.N.B LPHD20 Harrogate District Local Plan (2001, as altered 2004) Policy HD20, Design of New Development and Redevelopment LPCFX Harrogate District Local Plan (2001, as altered 2004) Policy CFX, Community Facilities Protection
APPLICATION PUBLICITY SITE NOTICE EXPIRY: 25.03.2016 PRESS NOTICE EXPIRY:
REPRESENTATIONS PATELEY BRIDGE PARISH COUNCIL - The parish Council objects to this proposal. The objection is summarised: It supports the building renovation works The space proposed is not big enough The kitchen, beer cellar and toilets are inadequate The bar area should be brought into the building It is an Asset of Community Value, not referred to in the application.
OTHER REPRESENTATIONS The Nidderdale AONB office comments are summarised: The JAC’s primary remit in commenting on applications for planning permission is to advise planning authorities and other bodies about the impact of development on the AONB’s landscape. They wish to see the design does not harm the character of the existing building or wider landscape.
They are mindful of the concern being expressed by members of the local community who are understandably fearful about the possible loss of a valued amenity. The would therefore further request the Council ensures the function of the Inn in providing a place for meeting and socialising is protected in the process of re-development.
The Council’s records show 59 objections and 5 letters of support.
The objections are summarised: Loss of much needed community facility Not a satisfactory replacement facility Not proposing a viable business Loss of residential accommodation Over supply of holiday accommodation Drainage overload Glazing/works unsympathetic Highway Safety
The Support comments are summarised: Building Improvements needed The continuance of the business was not viable
VOLUNTARY NEIGHBOUR NOTIFICATION The applicant has advised:
“We had two open days consulting the local community, this proved very helpful to us in understanding how the locals would like to use the amenity.”
ASSESSMENT OF MAIN ISSUES 1. LAND USE PRINCIPLE Planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.
The Harrogate District Development plan comprises the Core Strategy (2009) and saved policies of the Harrogate District Local Plan 2001 (as amended 2004) and adopted Supplementary planning Guidance.
The National Planning Policy Framework March 2012 (NPPF) sets out the Government’s planning policies for England and how these are expected to be applied. The NPPF is a material consideration in planning decisions, it advises as a key objective that there is a presumption in favour of sustainable development of which it prioritises three dimensions to sustainable development: economic, social and environmental.
Core Strategy Policy JB1 states that the Borough Council will work with its partners and communities to maintain and enhance the economic role of the District and support innovation and enterprise. Particular importance is placed on developing sustainable holiday tourism throughout the District, and Market town renaissance which includes Pateley Bridge. The policy also supports the rural and agricultural economy and its diversification. The criterion in Core Strategy Policy SG3 and ‘saved’ Local Plan Policy TR4 also support the enhancement of the district’s economy whilst placing significant weight on sustainability, protection and conservation of the landscape and amenity.
Local Plan policy CFX advises that Proposals involving the loss of land or premises in community use including public houses will not be permitted. There are exceptions to the policy where a satisfactory replacement facility is provided or there is no reasonable prospect of the existing use continuing on a viable basis with all options for continuance having been fully explored, as a priority and, thereafter securing a satisfactory viable alternative community use.
Paragraph 28 of the NPPF sets out the Government’s policy on rural economic growth stating that planning should support economic growth in order to create jobs and prosperity by taking a positive approach to sustainable new development. Specifically it states in bullet point 3 that plans should “support sustainable rural tourism and leisure developments that benefit businesses in rural areas, communities and visitors, and which respect the character of the countryside”.
Para 70, Part 8 of the NPPF requires that planning policies and decisions guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community's ability to meets its day-to-day needs.
Holiday Lets
The proposal seeks to create two 1 bed holiday lets and one 2 bed holiday let. The creation of holiday accommodation is supported under the aims and objective of Core Strategy Policy JB1 which advises that the Borough Council will work with its partners and communities to maintain and enhance the economic role of the District and support innovation and enterprise with particular importance place on developing sustainable holiday tourism through the District and enhance it as a year round activity.
The AONB is a significant tourist attraction, and the policy recognises there is a need to increase the quality of the tourism offer through improvements to visitor accommodation.
This proposal improves the quality of the accommodation previously provided at the Birch Tree Inn. The quality of the existing accommodation was very poor and not likely to have been successful as holiday let accommodation due to the physical condition as well as the visual appearance of the internal accommodation.
The building as a location for the proposed accommodation is considered to be sustainable. Not least the proposal is tied to a facility on site, but it is also on a bus route being sited close to the main access road between Harrogate and Nidderdale. The use of the car is not likely to cause detriment to the surrounding road network. There is also the provision of recreational activities in the immediate vicinity.
Relocation of the Public House
The proposal includes the replacement of the community facility as the application seeks to relocate the existing A4 use (Drinking Establishments) into the new lean-to extension.
However the representations received overwhelmingly advise that what is being proposed is not a satisfactory replacement facility because it would not fulfil the role that it previously held for the community. In essence it was considered the hub of the surrounding local community, where the dominoes team and other social groups could meet and activities take place. It was considered to provide reasonably priced food and was of a sufficient capacity to accommodate users. The representations express concerns about the continued use of the proposed facility on this former basis.
The proposed plans show a reduced area in comparison to the overall ground floor area of the main building which accommodated the public bar at ground floor by around 20 square metres.
The submitted justification advises that there were several contributory factors regarding the need to alter the business direction of the public house. These are the poor physical condition of the building, the costs of repair and the general viability of public houses.
The application has been submitted with a structural survey from a chartered building surveyor. This advises that the building dates from the time of the building of Glasshouses Mill. Although the buildings were all built well and are in excellent condition, the internal masonry walls are not tied in and only butted up to the external ones. Suspended timber floors and main trusses were badly affected by woodworm and various rots.
The justification document advises in relation to the condition of the building advises:
“Since the smoking ban and drink driving awareness is in effect, most remote public houses have suffered a substantial loss in earnings over the last 10 years.
The Birch Tree Inn has been in decline over several years with takings dropping to a level where essential repairs could not be afforded.
The result is that the whole building is in a complete state of disrepair. The first floor was uninhabitable, with damp, rising and a leaking roof (un-insulated and no felting to protect from the very wet weather). Wood worm permeates throughout the whole building. The whole of the ground floor does not have any kind of damp course at all.
The cellar (partly below ground level, completely wet with water ingress and virtually no drainage) quite un-hygienic.
The previous owner elected to move out as they could not afford to repair anything properly.
The septic tank filled with surface water when very wet, this needs replacing at considerable cost. The public toilets apparently were constantly out of order.” The agent in relation to the viability of the public house has advised that:
“The Birch Tree Inn (before all the damp and no heating) had 4 letting rooms with en-suite bathrooms. These were uninhabitable and would not be saleable to paying guests.
To run letting rooms there needs to be someone living there on a permanent basis, you can't just lock up and leave guests alone. To have reinstated these rooms you would need the following costs.
There was a very small area with one bedroom, shower room, where someone could stay, manager / owner. Not conducive to quality of life. Also difficult to get a manager to stay, unless paid general manager salary of upwards £25,000 per year.
Add to that the cost of further staff, cleaners/housekeeping £12,000 per year. Part time bar staff £15,000per year Cook / chef (further wages to cook breakfasts) £22,000 per year.
This adds up to £74,000 per year before any profit is made. This means that The Birch Tree Inn run as just a public house alone would have to take in excess of £250,000 to make any profit.”
The submitted details advise that the turnover is significantly less than the above figure. Baker Fox Ltd, Chartered Accountants and business advisors have submitted a letter based on these figures which advises in conclusion that trading at the levels achieved by the previous proprietor forced the pub to close and would not provide a sustainable business or provide a suitable return on capital employed.
They have advised a significant capital investment is required to bring the building up to safe and modern standards, with greater provision made on food and increasing the opening hours. However a second income stream is required when the cost of financing the renovations are taken into account. The figures of the repair costs have been submitted. The creation of holiday accommodation would provide greater revenue than letting rooms, requiring less staff on a daily basis.
In relation to marketing of the Birch Tree Inn, it has been advised that it was on the open market for in excess of three years with Davey and Co. being the commercial agents. The original asking price was £395,000, which was reduced to £345,00 due to lack of interest. The previous owner had a few offers well below the asking price due to the building being in such a bad state of repair.
Officers consider that the price which was paid was possibly higher than one which reflected its true state of trade and state of repair. The current owners paid £345,000, it is considered that it is unlikely to be viable for them to be able to repair and run it solely as a public house.
It is also likely that there was scope by the previous owners to improve the viability of the public house to improve the viability of the pub before it ceased trading with a different approach, including longer opening hours. Information regarding whether this was explored have not been provided, however the condition of the public house may have made this difficult to fulfil. However, the justification in the guidance to policy CFX advises that Criterion B) allows for the loss of land or premises in community use if a satisfactory replacement facility is provided as part of the applicant’s proposals. It is not proposed to change the Use Class of the unit, but to continue its use within another part of the building.
The guidance states that the policy does not negate replacement as part of a mixed-use scheme on the development site itself. However, to be “satisfactory”, the replacement facility must fully address the community needs met by the existing facility.
The applicant has advised that under their ownership that they consider the new public areas would be roughly the same sq metres as the usable areas in use before. The public bar and restaurant/cafe will be serving food and drinks during the day and will also be open in the evenings equating to enhanced opening hours. The old beer garden will be improved and regenerated with a newly built dry stone wall, new tables, chairs and planting. With a renewed and rejuvenated building, clean and inviting, they consider this will attract customers new and old.
It is envisaged that the bar would commence first and the holiday accommodation following on a few months later. The applicant envisages the public area to be able to earn its keep, but probably not make a significant amount of profit. The holiday lettings would provide the extra income that would sustain the fabric of the building.
They have advised that if the building was to accommodate just B&B letting bedrooms, they would only at the very best achieve £30,000 per annum, whereas 3 holiday lets occupied only 45 weeks of the year would generate in the region of £63,000 per year. This is calculated on a low conservative average. There are a lot less running costs associated with the holiday lets which makes them almost self sufficient
The applicants have indicated that the holiday accommodation, together with the public facility would generate £257,500 per annum with enhanced opening hours. This figure is broken down as follows
The public bar and restaurant £3,850 per week -:£550.00 per day -: 55 customer per day spending £10. Public house turnover £192,500. Holiday let accommodation £63,000 per annum creating a dual turnover of £255,500.
The applicants advise the renewed bar and cafe restaurant will be easier to run and keep clean and much more attractive. The building will be far more flexible to enable different kinds of events to take place.
Whilst personal consents are not material consideration, the applicants are experienced in the hospitality trade having a proven track record. They consider they have provided a solid business plan.
The proposal could provide employment in the immediate area and they expect to create at least 3 new part time and 3 full time jobs to help run the business.
Additional revenue from business rates and a contribution towards local employment from the construction of the project have also been cited by the applicant as benefits to the local economy. The former is not a material planning consideration, but the latter is and forms part of the planning balance exercise.
The building has also been registered as an Asset of Community Value (ACV). ACVs are governed by Part 5 of the Localism Act 2011 and also by the Assets of Community Value (England) Regulations 2012. The 2011 Act states that district and unitary councils should maintain a list of assets of community value, which can either be land, buildings or parts of buildings. These assets are nominated by local groups or parish councils and, when listed, ACVs which come up for sale or change of ownership are open to a community right to bid to buy the asset on the open market.
The most significant effect of ACV listing is the provision for the community right to bid. It is important to note that listing as an ACV does not trigger any right to buy, only a right to bid. When an asset is put up for sale, the community group are given 6 weeks within which they can express an interest in bidding for the site and then the remainder of a 6-month period to actually put together a solid proposal for acquisition. Nothing, however, compels the owner to sell to the community group.
It has been held that whether an ACV is a material consideration should be at the discretion of the decision maker. The Government’s non-statutory guidance note on the issue states that “the provisions do not place any restriction on what an owner can do with their property, once listed, so long as it remains in their ownership…it is open to the LPA to decide whether listing as an ACV is a material consideration if an application for change of use is submitted, considering all the circumstances of the case.”
It is considered that ACV listing is a material consideration particularly given the level of public interest in the development.
However the principle of the development is not considered to be unacceptable. The reason it is considered thus is that the building was not operating on a viable basis. The condition of the building would have required significant investment and the investment required to repair and then run it as a stand-alone public house with letting bedrooms would be cost prohibitive as it would be difficult to then return a profit on that basis. It is not known why the existing public house cannot be accommodated within the ground floor of the main building, but the subdivision of the units provides a more distinct area for the uses and the public house A4 Use is retained. Numerous comments have been received from objectors to the proposal that, within their representations refer to the use of the building as part functional or community space, used by a variety of local groups, but it also has to be acknowledged that this is a private business.
The applicant is proposing to continue the use based on their business model. Even if the public house was reopened in its former position within the existing building there are no restrictions that can be placed to make the facility operate on the same social level as previously. With the scheme proposed, there would still be a public house on site as part of the mixed redevelopment of the site, which also offers some benefit in terms of the creation of tourist accommodation.
It is also recognised within the AONB that tourism business is an important component of the economy and has potential to grow further by capitalising on the AONB’s environmental quality, and therefore provision should be made for recreation and enjoyment where this does not conflict with conservation or amenity. The amount of floorspace dedicated to the public house is slightly reduced, but overall the proposals are considered to provide a more viable option such that it is considered that the principle of the development is acceptable and in accordance with the objectives of Core Strategy Policies SG4, JB1 and ‘saved’ Local Plan Policy CFX.
However it is acknowledged that the facility has a role to play in the local community and to that end the development should be subject to a S106 agreement to ensure that the public house is opened and completed prior to the first occupation of the holiday accommodation, and that it remains in community use for the benefit of the local community.
Notwithstanding the above the overall acceptability of the proposal is subject to assessment of the visual impact and site specific factors of the application and the site, which is primarily assessed against policies SG4, and Local Plan Policies C1 and HD20.
2. DESIGN & IMPACT UPON THE NIDDERDALE AREA OF OUTSTANDING NATURAL BEAUTY The site is within the Nidderdale Area of Outstanding Natural Beauty (AONB). In 1994, in recognition of the quality of its landscape the Countryside Commission designated the Nidderdale AONB. The designation of the AONB formally recognises the national importance of the landscape and the primary objective of the designation is to conserve the natural beauty of the area, which is derived from its geology, physiography, flora, fauna and historical and cultural components. Local Plan Policy C1 provides that priority will be given to the conservation of the natural beauty of the landscape and any development should reflect the local distinctiveness of the area.
Saved’ Local Plan Policy HD20 ‘Design of new development and redevelopment’ advises proposals for new development and redevelopment should take into account, where relevant, the design principles relating to spatial quality, local distinctiveness, materials, the scale of neighbouring properties.
Core Strategy Policy SG4: ‘Design and Impact’ advises that the scale, density, layout and design should make the most efficient use of land; and be well integrated with, and complementary to, neighbouring buildings and the spatial qualities of the local area including being of an appropriate form for its character. The environmental impact and design of development should conform to Policies EQ1 and EQ2 of the Core Strategy.
The lean to on the side of the building is larger than the existing structure, but not an unsuitable form of extension for this type of building. It is a subservient structure, and ultimately the main character of the building would be preserved. The openings are large on the side elevation, but it is considered if they are set back within the stonework, they will be appropriate. The existing lean is not of a high quality with mismatched materials and openings.
The alterations on the rear are subservient and due to the form and layout of the existing buildings and variation in topography they will not be overly prominent. Alterations to the other buildings including an increase in the height of the ridge of the barn, have been completed, but do not cause harm to the building. The stonework is a relatively good match, and this impact is minimal. The building is already within an existing curtilage and the alterations of this scale on the building will not unacceptably impact upon the landscape of the AONB. Providing the area of glazing on the side lean-to can provided with a non-reflective treatment and provided it is set into the stonework, the openings would not cause harm to the building or landscape. Any harm that would be caused would not be significant.
Consequently, it is considered that the character of the existing building and AONB would be maintained. It is considered that the development accords with the design principles contained in ‘saved’ Local Plan Policies C1 and HD20 and Core Strategy Policies SG4 and EQ2.
The proposal is considered to accord with the design policies of the National Planning Policy Framework (the Framework) set out in paragraphs 56, 58 and 60.
3. AMENITY IMPACT The Council’s guidance advises that problems arise when the physical presence of an extension is of such a magnitude in terms of overall mass (height, length and basic shape) and in such proximity to neighbouring property that it results in serious loss of amenity. The Council’s guidance advises in chapter 11 that where an adjacent property enjoys a private garden to the side of a new extension, unless it is set away from the boundary, a large side extension will be overbearing.
There are no immediate neighbours in the proximity of the extensions which would be affected by their physical presence. The use of the building is marginally more intensive than the previous use of the building, but due to the buildings relative isolation and adequate curtilage, it is not considered to cause further harm to nearby residents.
The units are not adequate for non-holiday let accommodation given the proximity to the business on site. There would be activity which would give rise to disturbance and no external amenity space has been provided, and any created would not be private and exposed to car parking and business activity. However, this is not unacceptable for holiday accommodation.
The Environmental Health officer has suggested a condition to ensure any extraction systems provided are adequate, but there are no immediate neighbours which would be affected by such proposals.
The proposal therefore accords with Core Strategy Policy SG4, Local Plan Policy HD20 and the House Extensions and Garages Design Guide in respect of preserving or enhancing residential amenity.
4. HIGHWAY IMPACT, ACCESS AND PARKING There are no objections from the Highway Authority there is a large existing car park and adequate access into the site.
Linked to the above aims within the NPPF, Core Strategy Policy SG4 advises that the travel impact of any scheme should not add significantly to any pre-existing problems of access, road safety or traffic flow. The proposed development can accommodate the parking and access requirements of a development of this type because of the existing parking and access arrangements for a similar land use. The proposal accords with the objectives of this policy.
5. ENVIRONMENTAL IMPACT There are no indications that the development would cause unacceptable problems in terms of drainage. The use is a similar level to how it could be operated at the moment. There is some information submitted from the representations that water from the site flows to neighbouring land, which is a civil matter and one which may be caused by water that flows naturally downhill to the neighbour’s land. However the proposed extensions and patio are largely on existing hard standing and as such not likely to cause significant increase in surface water run-off. The proposed method for dealing with surface water will be soak away which due to the size of the site should be adequate for the small area of land where development increases as a result of the extension. Foul drainage will be connected to the existing septic tank, which will be repaired.
The application is supported by a bat exemption letter, however the building has been renovated inside and as such unlikely to support any bats prior to this and at this time.
The Environmental Health officer has advised that the screening information submitted does not recognise that there may have been contaminants on site from the commercial use as a public house, and has requested an unexpected land contamination condition is attached to any consent. However the building provides a suitable environment for the end use proposed.
The environmental impacts of the development are considered to meet the environmental and sustainability requirements of Core Strategy Policy SG4.
CONCLUSION The National Planning Policy Framework (NPPF) advises that there are three elements to sustainable development: economic, social and environmental.
The proposal has the potential to operate on a more viable basis and support the local economy through the creation of visitor accommodation which is encouraged by Core Strategy Policy JB1 and Local Plan Policy TR4.
It is acknowledged that there are concerns from the local population regarding the loss of the community facility. The proposal however retains a public house as part of a mixed use scheme incorporating 3 holiday lets. And although the public house is in a different part of the building and likely to be managed on a different basis, it will remain available as a facility for the local population to use and have increased hours. It would be controlled to remain as a community facility through a S106 Agreement, and on that basis it is considered that the continuance of a satisfactory community facility on the site can be achieved within these proposals and thus the development accords with ‘saved’ Local Plan Policy CFX.
There are no overriding implications for the level of amenity currently afforded to neighbouring residential properties, nor any implications for highway safety or the natural environment. The alterations to the building preserve the character and appearance of the existing building and the landscape character of the Nidderdale Area of Outstanding Natural Beauty in accordance with Local Plan Policies C1 and HD20 and Core Strategy Policies SG3, SG4, EQ1 and EQ2. The proposal is considered to accord with the policies of the development plan listed in the report and represent sustainable development as set out in the NPPF.
CASE OFFICER: Mrs Kate Williams
RECOMMENDATION
That the application be DEFERRED and the CP in consultation with the Chairman be authorised to APPROVE the application subject to the following condition(s) and such other conditions CP considers to be necessary. REASON FOR DEFERRAL:
0 That the application is deferred for Chief Planner to approve and the application subject to any further conditions as considered necessary and the completion of a S106 Agreement to ensure the public house is constructed to a reasonable standard, opened prior to the first occupation of the holiday lets and shall only be used as a public house or for other community use.
1 The development hereby permitted shall be begun on or before .
2 The development shall commence in accordance with the approved details as shown on the amended drawings referenced: 3841 and as modified by other conditions of this consent.
3 The proposed units shall not be used for any purpose other than holiday accommodation and shall not be occupied for periods exceeding one calendar month at a time by the same occupant and shall not be used as permanent residential accommodation.
4 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no extensions, garages, roof or dormer windows other than any expressly authorised by this permission shall be erected without the grant of further specific planning permission from the local planning authority.
5 Prior to the construction of the external wall of the extensions a sample panel showing the stone, coursing and pointing to be used to be shall be submitted for the written approval of the Local Planning Authority. Once approved the development shall be implemented in accordance with the approved details.
6 Prior to the commencement of the development hereby-approved full details of any intended mechanical extract ventilation system to the building shall be submitted for the written approval of the Local Planning Authority. Thereafter, any such system that may be approved by the Local Planning Authority shall be implemented in full accordance with the details approved prior to the bringing into use of the development and shall thereafter be retained and maintained in good working order at all times. The details of the system to be submitted for approval shall provide for:
* effective odour filtration; * means to mitigate any extraneous noise from the system itself; * a point of exhaust / emission at such a height, and in such a position and manner so as to avoid nuisance.
7 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced and approved in writing by the Local Planning Authority.
Where remediation is necessary a remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required carrying out remediation, unless otherwise approved in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.
Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.
8 The glazed doors on the side elevation of the proposed extension which forms the public house shall be non-reflective. The details of the type of glazing or finish shall be submitted for the written approval of the local planning authority prior to the construction of the external wall of the extension and insertion of the glazing. Once approved the development shall be implemented in accordance with the approved details and retained for the life of the development.
9 A sample of the window frames within the extension hereby permitted shall be submitted for the written approval of the Local Planning Authority or shall be constructed timber with the details of the colour of the finish of the window frames to be submitted for written consent of the Local Planning Authority. Once details have been agreed the development shall be implemented in accordance with the approved details.
10 The rooflights hereby approved shall be conservation type rooflights only.
11 Prior to the commencement of the construction of the roof and rear steps, samples of the materials to be used in the construction of roof and the balustrading around the steps shall be submitted to and approved in writing by the local planning authority. Development shall be implemented in accordance with the approved details.
12 All new heads and cills shall be natural stone to match the existing stonework.
13 All new doors and windows shall be set back a minimum of 15mm from the external face of the walls to form reveals to the satisfaction of the Local Planning Authority.
14 A detailed scheme for landscaping, including the planting of trees and or shrubs and the use of surface materials shall be submitted to the Local Planning Authority and no development shall take place until the Local Planning Authority have approved a landscaping scheme; such scheme shall specify materials, species, tree and plant sizes, numbers and planting densities, and the timing of implementation of the scheme, including any earthworks required. The development shall be implemented in accordance with the agreed details.
15 In the event of failure of any trees or shrubs, planted in accordance with any scheme approved by the Local Planning Authority, to survive for a period of five years from the date of the completion of implementation of that scheme, such trees or shrubs shall be replaced by the developer with such live specimens of such species in such number as may be approved by the Local Planning Authority.
Reasons for Conditions:-
1 To ensure compliance with Sections 91-94 of the Town and Country Planning Act 1990. 2 In the interest of proper planning and for the avoidance of doubt. 3 The layout and provision of permanent residential units would not be provide a satisfactory level of amenity in this location in accordance with Core Strategy Policy SG4. 4 In order to protect the visual amenities of the surrounding area in view of the prominence of this site in accordance with Core Strategy Policy SG4. 5 In the interest of the character and appearance of the building and area in accordance with Core Strategy Policy SG4. 6 In the interests of the amenity of the development in accordance with Core Strategy Policy SG4. 7 In the interests of the amenity of the development in accordance with Core Strategy Policy SG4. 8 In the interest of the visual amenity of the area in accordance with Core Strategy Policy SG4. 9 In the interests of visual amenity. 10 In the interest of the character and appearance of the building and area in accordance with Core Strategy Policy SG4. 11 In the interests of visual amenity. 12 In the interests of visual amenity and in order to harmonise with the existing building. 13 In the interests of visual amenity. 14 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity. 15 To safeguard the rights of control by the Local Planning Authority in these respects and in the interests of amenity.
INFORMATIVES
1 This development is subject to a Planning Obligation made under Section 106 of the Town and Country Planning Act 1990.
2 All bats and their roosts are fully protected under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) and are further protected under Regulation 41 (1) of the Conservation of Habitats and Species Regulations 2010. Should any bats or evidence of bats be found prior to or during development, work must stop immediately and in the first instance contact the National Bat Helpline on 0845 1300 228. Developers/contractors may need to take further advice from Natural England on the need for a European Protected Species Licence in order to continue the development in an lawful manner. Natural England can be contacted at [email protected], or by calling 0300 060 3900, or Natural England, Consultation Service, Hornbeam House, Crewe Business Park, Electra Way, Crewe, Cheshire, CW1 6GJ.