Agenda item

Planning Application 18/00984/FUL - Barn Owl Inn, Westport

Minutes:

Proposal: Alterations and the conversion of former Public House into 3 residential flats and 1 dwelling and the erection of 2 dwellings with car parking and ancillary works.

 

The Development Management Specialist presented the report as detailed in the agenda, and highlighted the key considerations.  He recommended that the application be refused as it was contrary to Policy EP15 as the proposed development by reason of the loss of a public house had not been satisfactorily marketed and would be a loss to the local community.  He advised that there were some issues raised by neighbouring properties including flooding concerns, precedent of further development, harm to residential amenity and local character, inadequate parking, highway and safety issues, insufficient infrastructure including school places and unsustainable location.  He concluded that the identified harm had not been outweighed by the benefits of the scheme.

 

The Committee was addressed by the Chairman of Hambridge and Westport Parish Council in support of the application.  He advised that the Parish Council had been kept constantly updated with proposals and changes and the applicant had taken into account concerns raised.  He gave a brief history of the public house and noted that since 2000 it had been in decline which was unfortunately the sign of the times.  It had not been a pub for many years and was looking derelict.  He informed members that the appearance of the building, although not listed, was an important part of the village heritage and that this had been taken into consideration by the applicant.  He referred to the development addressing the Village Plan which supported smaller developments which would allow local residents to stay in the community.

 

The Applicant’s Agent advised that the site had been marketed for fifteen months prior to the applicant purchasing the site at auction and that the public house had been closed since October 2015.   The public house had changed hands many times in the last fifteen years with many owners and that with changing habits and changing times was no longer viable.  He referred to there being no objections from the Parish Council or local residents against its closure and there was no demand for other community uses. 

 

The Applicant explained that following consultation with the Parish Council and local residents he had amended his original plans to provide a mix of smaller housing including flats which would be more affordable for first time buyers.  He corrected an error in the Planning Officer’s report and confirmed that he had taken up the Council’s pre-application service and had undertaken as much consultation as possible and amended the scheme accordingly.

 

Ward Member, Councillor Sue Steele commented that the public house was very well used in the past but over the years had slowly dwindled despite the best efforts of the various landlords.  She commented that no local residents had attended the Parish Council meeting to object to the application and the applicant had been very accommodating in addressing local concerns.  She referred to the site being within a sustainable location and noted the various local facilities in Hambridge and Westport including a vibrant school, shop, two public houses, restaurant, nursing home, business park and a joint village hall.

 

During the discussion on the application, members made the following comments:

 

·         It was felt that the property had been satisfactorily marketed over the last fifteen months as well as a significant period beforehand;

·         The absence of a bus route and pavement would not make the building appropriate for community use;

·         The community had not registered the property on the Community Asset Register;

·         There were no objections from the Parish Council and the local community;

·         The proposal was not harmful and would provide affordable housing;

·         There would be no significant loss to the community.

 

It was proposed and seconded to approve the application contrary to the Planning Officer’s recommendation for the following reasons:

 

·         Proposed development is of an acceptable design, scale and materials

·         Development within a sustainable location

·         Conversion of the public house would not result in a significant loss to the community

·         Appropriately marketed in accordance with Policy EP15

·         Development in accordance with SD1, SS1, SS2, EQ2, TA5 and TA6

 

Conditions suggested by the Area Planning Lead and agreed by members related to the following:

 

·         Time limit

·         Materials

·         Highways

·         Ecology

·         Approved Plans

·         Landscaping

 

A vote was taken and the planning application was unanimously supported.

 

RESOLVED:

That Planning Application No. 18/00984/FUL be APPROVED  contrary to the Planning Officer’s recommendation for the following reason:

 

01. The proposed development is of an acceptable design, scale and materials, and would provide three dwellings and 3 flats in a sustainable location. The conversion of the public house would not result in a significant loss to the community and has been satisfactorily marketed. The proposal therefore accords with Policies SD1, SS1, SS2, EQ2, TA5 and TA6 of the South Somerset Local Plan and the provisions of the NPPF.

 

SUBJECT TO THE FOLLOWING CONDITIONS:

 

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

 

Reason: To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

 

02. The development hereby permitted shall be carried out in accordance with the

following approved plans:

Drawing number B11960 LP, received 26 March 2018

Drawing number B11960 05D, received 06 July 2018

Drawing number B11960 10B, received 03 July 2018

Drawing number B11960 08B, received 03 July 2018

Drawing number B11960 13A, received 06 July 2018

Drawing number B11960 06B, received 03 July 2018

Drawing number B11960 07A, received 26 March 2018

Drawing number B11960 09B, received 26 April 2018

Drawing number B11960 12, received 26 April 2018

Drawing number B11960 11, received 26 March 2018

 

Reason: In the interests of proper planning and for the avoidance of doubt.

 

03. No development shall take place above the ground level until details (including samples where necessary) of the materials to be used for all external surfaces of the semi-detached dwellings and alterations to the public house hereby permitted have been submitted to and approved in writing by the local planning authority.

The development shall then be carried out in accordance with the approved details.

 

Reason: In the interests of visual amenity and to safeguard local character in accordance with policy EQ2 of the South Somerset Local Plan (2006-2028), and the provisions of the NPPF.

 

04. Before any development hereby permitted shall be commenced, details for the disposal of surface water so as to prevent its discharge outside of the application site shall be submitted to and approved in writing by the local planning authority, such details once approved shall be carried out prior to the occupation of the dwellings.

 

Reason: In the interests of proper surface water drainage and to avoid localised flooding issues, in accordance with policy EQ1 of the South Somerset Local Plan (2006-2028), and the provisions of the NPPF.

 

05. No development shall take place above ground level until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping and boundary treatments. All planting, seeding, turfing or earth moulding comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first use of the dwellings

hereby approved or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. The scheme of landscaping shall indicate native species. The boundary treatments shall be implemented as agreed before the occupation of any of the dwellings hereby permitted.

 

Reason: In the interests of visual amenity and landscape character and to accord with policy EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

 

06. Prior to the dwellings hereby permitted being first occupied, the proposed accesses, walkways, bin compound, cycle store, and parking spaces (including the garage) shall be fully provided as shown on the approved plan B11960 05D, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In the interest of highway safety and to ensure the necessary infrastructure is provided in a timely fashion, in accordance with policies TA5, TA6, and EQ2 of the South Somerset Local Plan (2006-2028) and the provisions of the NPPF.

 

07. Development shall not commence until details (locations, design, and timing) of alternative nest site provision for swallows has been submitted to and approved in writing by the local planning authority. The approved details shall be implemented in full unless otherwise agreed in writing by the local planning authority.

 

No removal of vegetation that may be used by nesting birds (trees, shrubs, hedges, bramble, ivy, or other climbing plants) nor works to nor demolition of buildings or structures that may be used by nesting birds, shall be carried out between 1st March and 31st August inclusive in any year, unless previously checked by a competent person for the presence of nesting birds. If nests are encountered, the nests and eggs or birds, must not be disturbed until all young have left the nest.

 

Reason: For compliance with the Wildlife and Countryside Act 1981, and for the conservation of biodiversity (swallows), in accordance with the NPPF and Policy EQ4 of the South Somerset Local Plan (2006-2028).

 

Informatives:

01. Please be advised that approval of this application by South Somerset District Council will attract a liability payment under the Community Infrastructure Levy.  CIL is a mandatory financial charge on development and you will be notified of the amount of CIL being charged on this development in a CIL Liability Notice.

 

(Voting: unanimous in favour)

 

Supporting documents: