Agenda item

Proposal:	Change of use and conversion of public house into 1 and 2 bedroom flats.
Location:	The Malt Shovel, Upper Lambourn, Hungerford, Berkshire
Applicant:	Mr R. McCabe
Recommendation:	The Head of Development and Planning be authorised to grant planning permission

 

 (Councillor Dennis Benneyworth declared a personal interest in Agenda Item 4(2) by virtue of the fact that he owned a property which neighboured one of the objectors. As his interest was personal and not prejudicial or a disclosable pecuniary interest, he determined to remain to take part in the debate and vote on the matter.)

1.         The Committee considered a report (Agenda Item 4(2)) concerning Planning Applications 17/00597/FULD and 17/00598/LBC2 in respect of the change of use and conversion of public house into 1 and 2 bedroom flats at The Malt Shovel, Upper Lambourn, Hungerford, Berkshire.

2.         In accordance with the Council’s Constitution, Mr Robert Ballin and Ms Vivian Griffith, objectors, and Mr Chris Parker and Mr Dennis Alston, applicant/agent, addressed the Committee on this application.

3.         Derek Carnegie introduced the report to Members, which took account of all the relevant policy considerations and other material considerations. In conclusion the report detailed that the proposal was acceptable and a conditional approval was justifiable. Officers consequently recommended the Committee grant planning permission.

4.         Mrs Griffith and Mr Ballin in addressing the Committee raised the following points:

·                     The Malt Shovel was formerly a popular business which attracted a variety of customers.

·                     The business had only been open 11 months in the past 3 years and might be viable if opened more regularly.

·                     The previous owner had been making a profit until he sold the pub to the current owner for £600k. The current owner made a loss in his first month of trading and put the pub back on the market.

·                     Loss of the pub would have a detrimental impact, included the loss of a local employer. It would also be contrary to the National Planning Policy Framework to allow the pub to close.

·                     There were a number of people willing to invest time and money into a rescue plan to keep the Malt Shovel operating as a pub.

·                     The viability study had been commissioned by the applicant and was flawed.

·                     The Malt Shovel was a focal point for the local area and no other pub was in walking distance for residents of Upper Lambourn.

·                     The marketing was flawed and was at too high a price. Requests for viewings had been declined.

5.         Councillor Bryant asked whether the objectors had considered registering the pub as an asset of community value. Mr Ballin advised that the leader of the project was in hospital but would be interested in doing so.

6.         Councillor Pick enquired upon the population of Upper Lambourn; Mr Ballin advised that approximately 300 people lived in the village.

7.         Mr Parker and Mr Alston in addressing the Committee raised the following points:

·         Pub closures were an emotional issue and the owner, Mr McCabe, had invested a lot of effort and £140k in capital into trying to run the pub successfully, which he had intended to do until retirement.

·         The price had been set by the agents, a national company, and while no offers had been received the agent was confident that the pub was not overpriced.

·         The pub was tenanted for a time by people from the local community but there had not been enough footfall to keep the pub going. It needed £3k per week in turnover.

·         The demographics of the racing industry had changed with jockeys now working seven day weeks, being more athletic and more health conscious.

·         The development would offer smaller units of accommodation which were needed in the area.

·         The oldest part of the building, the original bakery, would have minimal alterations. External alterations would also be kept to a minimum.

8.         Councillor Pick raised a query regarding the potential flooding risk. Mr Alston responded that it would no longer be necessary to raise the floor height as other measures were available to mitigate the flooding risk.

9.         Councillor Beck asked whether the marketing agents had denied viewings. Mr Parker advised that the only viewings that were refused were to inquirers who refused to leave their name. Of those who did view the property, there were none who intended to continue its use as a pub.

10.      Councillor Beck asked whether the owner intended to sell the flats, if approved. Mr Parker advised that the owner intended to rent out the properties to recover income as there was a high demand for single accommodation in the area.

11.      Councillor Bryant asked for clarification regarding the information that the pub was run for a month before being put back on the market for sale. Mr Parker advised that the owner invested a lot of money into refurbishing the pub and when it was reopened in December it did not attract sufficient business.

12.      Councillor Benneyworth advised that when he was a jockey he frequented the Malt Shovel and recalled that the popularity of the main pubs in the Lambourn Valley always fluctuated. Mr Parker responded that he agreed the popularity of the business fluctuated but the demographics of the village were changing and there were external factors effecting the Malt Shovel’s prospects of being run as a viable business. The marketing agent was confident that the right price was being sought. The tenant, in his resignation notice, cited the low footfall as a reason the pub failed.

13.      Councillor Clive Hooker expressed the view that a pub was usually worth a year’s turnover and did not believe that £600k was a realistic price.

14.      In commencing the debate, Councillor Edwards declared that as the council’s heritage champion the closure of a historic pub gave him some concern however he was satisfied that the application would preserve the Grade II listed building and proposed that the committee accepted the officer’s recommendation.

15.      In seconding the proposal, Councillor Bryant recalled similar applications that the Committee had considered for the White Hart in Hamstead Marshall and the Ibex Inn in Chaddleworth. He suggested that the objectors investigate registering the pub as a community asset as he feared that if the committee refused planning permission, the Council might lose any appeal that was brought tot he Planning Inspectorate.

16.      Sharon Armour clarified that registering a pub as a community asset would give the local community the first option to put in a bid to buy the pubic the owner decided to dispose of it.

17.      The Chairman invited the Committee to vote on the proposal of Councillor Edwards, as seconded by Councillor Bryant to accept officer’s recommendation to grant planning permission. At the vote the motion was carried.

18.      Councillor Edwards proposed that the Committee accept officer’s recommendation to grant Listed Building Consent and this was seconded by Councillor Bryant. At the vote this motion was carried.

RESOLVED that The Head of Development and Planning be authorised to grant Listed Building Consent to application number 17/00598/LBC2 and to grant Planning Permission to application number 17/00597/FULD subject to the completion, within 2 months of the date of committee, of a Section 106 agreement to secure the provision of a unit of affordable housing on site in accordance with Policy CS 6 of the West Berkshire Core Strategy 2006-2026 and Supplementary Planning Document: Planning Obligations. The respective permission to be subject to the following conditions:

Conditions

LISTED BUILDING CONSENT CONDITIONS:17/00598/LBC2

 

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this consent.

 

Reason:   To comply with the requirements of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2.         This listed building consent relates only to work described on the drawings/and/or/in the documents identified below:

 

Drawing number RM/12 received on 3 March 2017,

Drawing numbers RM/09, RM/N/01, RM/10, RM/N/02, RM/11 received on 10 April 2017,

Drawing number RM/02 received on 12 June 2017,

Heritage Statements received on 10 April 2017.

 

No work shall be carried out other than in accordance with the above drawings and documents.

 

Reason: To clarify what has been approved under this consent in order to protect the special architectural or historic interest of the building. This condition is imposed in accordance with Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026, and the National Planning Policy Framework 2012.

 

3.         All works of making good and repair to the retained fabric, whether internal or external, shall be finished to match original/adjacent work with regard to the methods used and to materials, colours, textures and profiles.  

 

Reason: To protect the special architectural or historic interest of the building.  This condition is imposed in accordance with the National Planning Policy Framework 2012 and Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026.

 

4.         The development hereby permitted shall be carried out in a proper workmanlike manner appropriate to the age and character of the building and using traditional materials and techniques except where the use of modern materials and techniques has specifically been approved by the Local Planning Authority.

 

Reason: To protect the special architectural or historic interest of the building.  This condition is imposed in accordance with the National Planning Policy Framework 2012 and Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026.

 

5.         Unless such work is clearly and specifically referred to on drawings or other documents hereby approved, no existing features of architectural or historic interest such as doors, linings, shutters, panelling, cornicing, decorative plasterwork, floorboards, skirting, fireplaces, lath and plaster ceilings, wattle and daub panels shall be altered, replaced or removed until a written description of the steps to be taken has been submitted to and approved by the Local Planning Authority. Thereafter the development shall incorporate and be undertaken in accordance with the approved details.

 

Reason: To protect the special architectural or historic interest of the building.  This  condition is imposed in accordance with the National Planning Policy Framework 2012 and Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026.

 

6.         No development shall take place until details of all new windows and/or external doors have been submitted to and approved in writing by the Local Planning Authority.  The details shall include materials and finishes, at a minimum scale of 1:20 and 1:2.  The windows//doors shall be installed in accordance with the approved details.

 

Reason: To protect the special architectural or historic interest of the building.  This condition is imposed in accordance with the National Planning Policy Framework 2012 and Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026.

 

FULL PERMISSION:17/00597/FULD

 

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason:   To comply with Section 91 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

 

2.         The development hereby permitted shall be carried out in accordance with the approved drawings and other documents listed below:

 

(i)    RM/12 received on 3 March 2017;

(ii)  RM/11, RM/N/01, RM/N/01, RM/09, RM/10 received on 10 April 2017;

(iii) RM/02 received on 12 June 2017

(iv) Heritage statement received on 10 April 2017.

 

Reason:   For the avoidance of doubt and in the interest of proper planning.

 

3.         No dwelling shall be occupied until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority.  The details shall include the treatment of hard surfacing (to incorporate the use of a porous material to any hard surfaced areas), and boundary treatments, and materials to be used, a schedules of plants (noting species, plant sizes and proposed numbers/densities), an implementation programme, and details of written specifications including cultivation and other operations involving tree, shrub and grass establishment.  The scheme shall ensure:

 

a)    completion of the approved landscaping scheme within the first planting season following the first occupation of one or more of the dwellings or in accordance with a programme submitted to and approved in writing by the Local Planning Authority as part of the details submitted for this condition; and

 

b)    any trees, shrubs or plants that die or become seriously damaged within five years of the completion of the development/of the completion of the approved landscaping scheme shall be replaced in the next planting season by plants of the same size and species; and

 

Thereafter the approved scheme shall be implemented in full.

 

Reason:   To ensure the implementation of a satisfactory scheme of landscaping.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

 

4.         No dwelling shall be occupied until details of the external lighting to be used in the areas around the building and on site have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the external lighting has been installed in accordance with the approved scheme.No external lighting shall be installed except for that expressly authorised by the approval of details as part of this condition.  The approved external lighting shall thereafter be retained.

 

Reason: The Local Planning Authority wish to be satisfied that these details are satisfactory, having regard to the setting of the development and the character of the area.  The area is unlit at night and benefits from dark night skies.  Inappropriate external lighting would harm the special rural character of the locality.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

 

5.         No development shall take place until details of the internal floor levels of the change of use hereby permitted in relation to existing and proposed internal floor levels have been submitted to and approved in writing by the Local Planning Authority.  The details shall demonstrate the proposed internal floor levels will be raised above the 1% annual probability flood level (with at least a 35% allowance for climate change level). Where it is justified this cannot be achieved the floor levels shall be raised as high as possible and incorporate flood resilience and resistant measures to account for the shortfall. No dwelling shall be occupied until the development has been completed in accordance with the approved internal floor levels and flood mitigation measures.

 

Reason:  To reduce the risk of flooding to people and property on a site located within flood zone three. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 14 and CS 16 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

 

6.         No dwelling shall be occupied until details of the vehicle parking and turning space/areas have been submitted to and approved in writing by the Local Planning Authority.  Such details shall show how the parking spaces are to be surfaced and marked out.  No dwelling shall be occupied until the vehicle parking and turning spaces/areas, and bin stores, have been provided in accordance with the approved details.  The parking and/or turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

 

Reason: To ensure the development is provided with adequate parking facilities in order to reduce the likelihood of roadside parking which would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policy CS13 of the West Berkshire Core Strategy 2006-2026 and Policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

 

7.         No dwelling shall be occupied until details of the cycle parking and storage space have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the cycle parking and storage space has been provided in accordance with the approved details and retained for this purpose at all times.

 

Reason: To ensure that there is adequate and safe cycle storage space within the site.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policy CS13 of the West Berkshire Core Strategy 2006-2026 and Policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

 

8.         No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.  The statement shall provide for:

 

(a)       The parking of vehicles of site operatives and visitors

(b)       Loading and unloading of plant and materials

(c)        Storage of plant and materials used in constructing the development

(d)       The erection and maintenance of security hoarding including decorative displays and facilities for public viewing

(e)       Wheel washing facilities

(f)        Measures to control the emission of dust and dirt during construction

(g)       A scheme for recycling/disposing of waste resulting from demolition and construction works

 

Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS5 and CS13 of the West Berkshire Core Strategy 2006-2026, Policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.