Agenda item

Proposal:	Change of Use and conversion of the main Grade ll Listed pub building and two outbuildings into 4 new residential units. Demolition of rear extension to main building, garage/store and toilet blocks, extension linking main building to function suite and boundary wall adjacent to Derby Road. Hard and soft landscaping and provision of 3 car park spaces.
Location:	Wellington Arms, 4 Andover Road, Newbury, Berkshire, RG14 6LR.
Applicant:	Vokins Construction.
Recommendation:	To DELEGATE to the Head of Planning and Countryside to GRANT Planning Permission subject to the schedule of conditions (section 8.2) and the completion of a Section 106 legal agreement within two months of the date of Committee. OR If the s106 Legal Agreement is not completed within two months of the date of this Committee, DELEGATE to the Head of Planning and Countryside to REFUSE PERMISSION, given the failure of the application to mitigate the impact of the development on the local Infrastructure as set out in section 8.4, where expedient.

 

(Councillor David Allen declared a personal interest in all the Agenda items by virtue of the fact that he was a Member of Newbury Town Council and the Planning and Highways Committee. He had been present when the application was discussed, but would consider the application afresh. As his interest was personal and not a prejudicial or a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

(Councillors Jeff Beck and Ieuan Tuck declared a personal interest in all the Agenda items by virtue of the fact that they were Members of Newbury Town Council. Councillor Tuck had not been present during discussions, however Councillor Beck had been present at the committee when the application was discussed. He would consider the application afresh. As their interest was personal and not a prejudicial or a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

(Councillor Swift-Hook declared a personal interest in all the Agenda items by virtue of the fact that he was a member of Greenham Parish Council and Newbury Town Council who had previously considered the application, but reported that he would view the application afresh on its own merit. Councillor Swift-Hook also reported that his use of a computer during the meeting was in order to access information on the application before him. As his interest was personal and not a prejudicial or a disclosable pecuniary interest he determined to take part in the debate and vote on the matter).

The Committee considered a report (Agenda Item 4(4)) concerning Planning Application 13/01848/FULD in respect of a change of use and conversion of the main Grade ll Listed pub building and two outbuildings into four new residential units. Demolition of rear extension to main building, garage/store and toilet blocks, extension linking main building to function suite and boundary wall adjacent to Derby Road. Hard and soft landscaping and provision of three car park spaces at Wellington Arms, 4 Andover Road, Newbury.

In accordance with the Council’s Constitution, Mr Phil Barnet, Parish Council representative, and Mr Ian Blake, applicant/agent, addressed the Committee on this application.

Councillor Adrian Edwards had mistakenly considered this site to be in his ward as it was on the border and had called in the application. The Committee agreed to allow Councillor Edwards to speak as Ward Member, as it was a material planning consideration that the vitality and viability of a community facility would affect the adjacent Ward.

Jake Brown introduced the report to Members, which took account of all the relevant policy considerations and other material considerations. In conclusion he stated that the Officer recommendation was finely balanced.

·                    Phil Barnet in addressing the Committee raised the following points:

·                    He stated that local people valued these premises and hoped that the pub could be retained as a viable business.

·                    It was hoped that the main staircase could either be kept or given to the museum.

Councillor Anthony Stansfeld queried the notion that a pub was not viable in this locality as there was a considerable amount of new houses being built in the surrounding area. He conjectured that the building had been allowed to become derelict through neglect. Mr Barnet advised that he had spoken to local publicans and that they too were struggling.

Ian Blake gave the following answers when questioned by the Committee:

·                    In his opinion the staircase was not worth keeping and was not original to the house.

·                    He thought that the fireplace would be retained.

Councillor Edwards, speaking as adjacent Ward Member, raised the following points:

·                    He described the history and interesting architecture of the building.

·                    He noted that four years ago it had been a viable business and had been in use by the community and believed that it could be again.

Councillor Garth Simpson asked if the pub had been privately owned. Councillor Edwards advised the Committee that it had been owned by Enterprise Inns, but it was thought locally that the company had been reluctant to invest in the property.

Councillor Ieuan Tuck, speaking as Ward Member, raised the following points:

·                    He was fascinated by history of the building, but noted that he had not been contacted by one member of the public with an objection to the scheme.

·                    He concluded that if it were a viable venture, it would not have an application against it.

Councillor Jeff Beck considered that the sign should be retained, but the Committee agreed this was not necessary.

Councillor Roger Hunneman was concerned that the viability reports were funded by the applicant and might therefore be biased. Jake Brown explained that the report was independently assessed.

Councillor Stansfeld drew to the Committees attention that support for public houses was soon to be discussed at another meeting. He expressed the view that companies obtained ‘planning by dereliction’. He understood that pubs in the countryside were struggling, however this pub was surrounded by a substantial amount of new housing. It was quite clear that it had been run down by the brewery.

Councillor Beck concluded that there was a large number of pubs in the area and the cost of refurbishment was prohibitive. The pub was very small and so the quantity of wet and food sales that could be made was limited.

Councillor Virginia von Celsing appreciated the history of the pub and concluded that the listed building would maintain a modern use, thereby retaining the building.

Councillor von Celsing proposed the application be accepted in line with Officers’ recommendation. This proposal was seconded by Councillor Simpson.

Councillor Hilary Cole suggested that if people valued the pub, they should use it. She found little of merit on the site visit and noted that people visited pubs for more than drinking.

Councillor George Chandler noted that in the report it stated there were eighteen pubs within a one mile radius.

RESOLVED to delegate to the Head of Planning and Countryside to GRANT Planning Permission subject to the schedule of conditions (section 8.2) and the completion of a Section 106 legal agreement within two months of the date of Committee.

OR

If the Section 106 Legal Agreement is not completed within two months of the date of this Committee, DELEGATE to the Head of Planning and Countryside to REFUSE PERMISSION, given the failure of the application to mitigate the impact of the development on the local Infrastructure as set out in section 8.4, where expedient.

CONDITIONS:

Time limit

1.                  The development shall be started within three years from the date of this permission and implemented strictly in accordance with the approved plans.

Reason: To enable the Local Planning Authority to review the desirability of the development against Policies CS14 and CS19 of the West Berkshire Core Strategy 2006 - 2026 and the National Planning Policy Framework should it not be started within a reasonable time.

Approved plans

2.                  The development hereby approved shall be carried out in accordance with drawing title numbers 3805 PL06 E, 3805 PL07 C, 3805 PL08 D, 3805 PL10 D, 3805 PL11 D and 3805 PL13 C received on 22nd November 2013 and drawing title number PL01 received on 19th August 2013.

Reason: To ensure that the development is carried out in accordance with the submitted details assessed against National, Regional and Local Planning Policy.

Samples of materials

3.                  No development shall commence on site until samples of the materials to be used in the development hereby permitted have been approved in writing by the Local Planning Authority. Samples shall be made available to be viewed at the site. This condition shall apply irrespective of any indications as to the details that may have been submitted with the application, and shall where necessary include the submission of samples of glass, plastic and mortar materials. Thereafter the materials used in the development shall be in accordance with the approved samples.

Reason: In the interests of visual amenity in accordance with Policies CS14 and CS19 of the West Berkshire Core Strategy 2006 - 2026.

Fencing and enclosures

4.                  No development or other operations shall commence on site until a scheme of fencing and other means of enclosure to be erected on the site has been submitted to and approved in writing by the Local Planning Authority and no buildings shall be occupied before the fencing and other means of enclosure have been erected to the satisfaction of the Local Planning Authority. 

Reason: The fencing and other means of enclosure are essential elements in the detailed design of this development and the application is not accompanied by sufficient details to enable the Local Planning Authority to give proper consideration to these matters in accordance with Policies CS14 and CS19 of the West Berkshire Core Strategy 2006 - 2026.

Hard surfaces

5.                  No development shall commence on site until a scheme for the means of treatment of the hard surfaced areas of the site has been submitted to and approved in writing by the Local Planning Authority.  No building shall be occupied before the hard surfaced areas have been constructed in accordance with the approved scheme.

Reason: In the interests of visual amenity, in accordance with Policies CS14 and CS19 of the West Berkshire Core Strategy 2006 - 2026.

Landscaping

6.                  No development or other operations shall commence on site until a detailed scheme of landscaping for the site has been submitted to and approved in writing by the Local Planning Authority. The details shall include 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 landscape scheme within the first planting season following completion of development.

b)         Any trees shrubs or plants that die or become seriously damaged within five years of this development shall be replaced in the following year by plants of the same size and species.

The landscaping shall be carried out in accordance with the approved scheme.

Reason: To ensure the implementation of a satisfactory scheme of landscaping in accordance with the objectives of Policies CS14 and CS19 of the West Berkshire Core Strategy 2006 – 2026.

Temporary Parking Area

7.                  No development shall take place until details of a temporary parking and turning area to be provided and maintained concurrently with the development of the site have been submitted to and approved in writing by the Local Planning Authority.  The approved parking and turning area shall be provided at the commencement of development and thereafter maintained in accordance with the approved details until the development has been completed.  During this time, the approved parking and turning area shall be kept available for parking and used by employees, contractors, operatives, visitors, and other persons working on the site during all periods that they are working at or visiting the site.

Reason: To ensure that the development is provided with adequate parking and turning facilities during the construction period.  This condition is imposed in order to minimise the incidences of off site parking in the locality which could cause danger to other road users, and long terms inconvenience to local residents. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policies CS13 and CS14 of the West Berkshire Core Strategy 2006-2026.

Parking in accord with plans

8.                  No dwelling hereby permitted shall be occupied until the vehicle parking spaces have been surfaced and properly provided in accordance with the approved plans.  The parking spaces shall thereafter be kept available for parking (of private motor vehicles 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 that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with Policy CS13 of the West Berkshire Core Strategy 2006 - 2026.

Cycle parking and bin storage

9.                  No dwelling hereby permitted shall be occupied until the cycle parking and bin storage has been provided in accordance with the approved drawings and this area shall thereafter be kept available for the parking of cycles and storage of bins at all times.

Reason: To ensure the development reduces reliance on private motor vehicles and assists with the parking, storage and security of cycles as well as suitable provision of bin storage in accordance with Policies CS13 and CS14 of the West Berkshire Core Strategy 2006 - 2026.

Hours of work

10.             The hours of work for all contractors for the duration of the site development shall, unless otherwise agreed by the Local Planning Authority in writing, be limited to:

7.30am to 6.00pm on Mondays to Fridays 8.30am to 1.00pm on Saturdays and NO

work shall be carried out on Sundays or Bank Holidays.

Reason: In the interests of the amenities of neighbouring occupiers in accordance with Policy CS14 of the West Berkshire Core Strategy 2006 - 2026.

Ecological mitigation

11.             The mitigation measures detailed in the Biodiversity Survey Assessment Report produced by Louise Lowans, dated 7 August 2013 and received on 19th August 2013 shall be implemented in full.  The four Swift boxes erected shall be made of woodcrete.

Reason: To ensure the protection of species protected by law in accordance with the National Planning Policy Framework and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

Ecological Review

12.             No dwelling shall be occupied until a report from a qualified ecologist which confirms that the approved mitigation measures have been implemented in full has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the protection of species protected by law in accordance with the National Planning Policy Framework and Policy CS17 of the West Berkshire Core Strategy 2006-2026.

Relocation of BT Cabinet, Street Name Plate and ‘No Loading’ sign

13.             No development within the application site shall commence until the BT cabinet and ‘no loading’ sign has been relocated at the expense of the owner of the site in accordance with details submitted to and approved in writing by the Local Planning Authority.

Reason: The relocation of the BT cabinet and highway sign is necessary to enable access into the site for construction purposes and for future occupants of the development hereby permitted.  This condition is imposed in accordance with Policy CS13 of the West Berkshire Core Strategy 2006 - 2026.

8.3       Informatives

1.                  This Decision Notice must be read in conjunction with the terms of a Legal Agreement of the (date to be inserted upon completion). You are advised to ensure that you have all the necessary documents before development starts on site.

2.                  The Highways (Planning) Manager, West Berkshire District Council, Highways and Transport, Council Offices, Market Street, Newbury RG14 5LD, telephone 01635 519169, should be contacted to agree the access construction details and to grant a licence before any work is carried out within the highway.  A formal application should be made, allowing at least four (4) weeks notice, to obtain details of underground services on the applicants’ behalf.

3.                  The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

4.                  The attention of the applicant is drawn to the Highways Act 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

5.                  In order to protect the stability of the highway it is advised that no excavation is carried out within 15 metres of a public highway without the written approval of the Highway Authority.

6.                  Any temporary signing required as part of this development is to be agreed in writing with the Highway Authority, West Berkshire Council, Highways and Transport, Council Offices, Market Street, Newbury, RG14 5LD.

7.                  The decision to grant planning permission has been taken because the development is in accordance with the development plan and would have no significant impact on the character and appearance of the area or the residential amenities of the occupants of the adjacent dwellings. This informative is only intended as a summary of the reason for the grant of planning permission. For further details on the decision please see the application report which is available from the Planning Service or the Council website.

8.                  All bats are protected by The Wildlife and Countryside Act 1981 (WCA) (as amended) & The Conservation of Habitats and Species Regulations 2010. Should you find bats during development, all work must stop until advice has been sought from Natural England. Their local contact number is 0300 060 3886.

9.                  This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development.  In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

OR

8.4       If the legal agreement is not completed within two months of the date of Committee to DELEGATE to the Head of Planning & Countryside to REFUSE PLANNING PERMISSION for the following reason:

The development fails to provide an appropriate scheme of works or off site mitigation measures to accommodate the impact of the development on local infrastructure, services or amenities or provide an appropriate mitigation measure such as a planning obligation. The proposal is therefore contrary to the National Planning Policy Framework and Policy CS5 of the West Berkshire Core Strategy 2006-2026 as well as the West Berkshire District Council's adopted SPG4/04 - Delivering Investment from Sustainable Development.