Agenda item

Application Proposal: Application to vary Conditions 3 (opening hours) and remove condition 7 (obscure glazing on windows on the eastern elevation) of approval 17/03983/FUL.

The Specialist – Planning presented the application with the aid of a powerpoint presentation.  She explained that the application for the Former Sunday School Building was approved in February 2018 subject to a number of conditions.  The application was being made to vary condition 3 to allow the business to operate until 9pm on a Wednesday and 11pm on a Friday and Saturday and to remove condition 7 – obscure glazing on windows to the eastern elevation.  She advised that condition 7 was yet to be implemented.  Members were shown various photographs of the site including the eastern elevation and the windows which overlooked the graveyard and the views from inside the building.  She explained that the application was recommended for approval but subject to the permission being for 2 years to allow a review of the neighbour amenity and parking due to the extended opening hours.  She explained that conditions were being imposed to stop the use of loud speakers or amplifier equipment and to restrict use of the outside space.  She concluded that based on the proposed conditions it was felt that the impact on amenity and highway safety was satisfactorily addressed.

In response to a member question regarding other premises in the village, the Ward Member confirmed that there was a public house located further down the road which opened until 11pm and a social club on Lower Street which was open late on a Friday and Saturday.

The Committee was addressed by a representative from the Parish Council.  Points raised related to the following:

·         The Parish Council had supported the conversion of the building which was proving a benefit to the community and had a good working relationship with the owners however they did have similar reservations about the application.

·         The Parish Council still requested that the windows be obscured for the privacy of people visiting the churchyard.

·         With regard to late night opening, the Parish Council had no concerns with the current owners but there would be no control over any new owners in the future and therefore concerns were raised over the neighbour amenity.

·         There were some parking issues being experienced from people using the facility.

·         The Parish Council were unable to support either of the proposed changes.

The Committee was then addressed by the Applicant’s Agent.  Points raised related to the following:

·         Planning Policy EQ3 of the Local Plan concerned the Historic Environment and was in place to ensure that heritage assets were preserved and enhanced.  Obscuring the lower half of the windows would harm the character of the listed building and from the outside it would spoil the buildings appearance and would not promote a high standard of design.

·         The graveyard could clearly be seen from Church Street.  Users of the graveyard did not have any privacy and any number of passers-by could see into the area.

·         The windows on the eastern elevation were hinged and openable and could be used by the owners to allow fresh air into the café.  Obscuring the windows would have no affect if the windows were open.  The majority of people visiting the café were mostly sat down and could not see out of the windows.

·         There was policy support for community facilities and services in the Local Plan.

·         The Feedstation had been a success since it had opened and the variation of opening hours would allow the facility to branch out and be able to cater for evening events.

·         It was not intended to create a loud over-spilling public house but a classy low key facility that would enhance the village.

·         There had been no complaints from nearby residents in the first year of trading.

·         The SSDC Highway Consultant had confirmed that on road car parking was not likely to cause a problem.

Ward Member, Councillor Paul Maxwell commented that he had been supportive of the application in February 2018 as the facility was a good re-use of the former Sunday school and since its opening had been a positive addition to Merriott.  He referred to the graveyard being an active burial site and was of the opinion that the condition for obscuring the windows had been imposed for the privacy and dignity of people visiting graves and should therefore remain.  With regard to the opening hours, he noted that the facility was located within a residential area and felt that the current opening hours were reasonable and was unable to support the extended opening hours due to the location of the facility.

In response to a member question with regard to obscuring the windows, the Specialist – Planning advised that the condition would not require replacing the windows but a film being placed onto the bottom half of existing windows which she didn’t feel would enhance the character of the building.  She also confirmed that there had been no noise complaints received by the District Council.

During the discussion, varying views were expressed by members which included the following:

·         Obscuring the windows would not affect the character of the building.

·         Expressed support for the views of the Parish Council and Ward Member.

·         The proposed extended opening hours were considered excessice.

·         There would be no material loss of privacy – the churchyard was a public space and could be seen from the road.

·         Concerns expressed over the non-compliance of the condition to obscure the windows.

·         A two year trial for the extended opening hours was a sensible trial.

·         The churchyard could not been seen from the Tythe Barn opposite.

·         Obscuring the windows had been imposed in 2018 to ensure that the new business fitted in with the residential area and the church yard and the people visiting it.

·         Complaints had been received by the Ward Member over lack of privacy.

The Specialist – Planning highlighted that the building had always had a use and was previously a Sunday school building so there had always been some degree of overlooking.  She said that if members were minded to refuse the application they would need to identify the demonstrable harm.  She referred to the graveyard not being a private space and being open to view and members needing to be clear why it was unacceptable for patrons of the café to overlook that space.

The Lead Specialist – Planning confirmed that a decision was required on the whole application.

It was initially proposed and seconded to refuse the application on grounds that the proposal to vary condition 3 would cause additional noise and disturbance to adjacent residential properties and the proposal to remove condition 7 would impact upon the privacy and dignity of those visiting the adjacent graveyard.  On being put to the vote this was lost by 4 votes in favour and 7 against. 

The Lead Specialist – Planning referred to Conditions 2 and 3 and stated that there was an error in the report and that the policies should relate to EQ2 of the Local Plan.

It was proposed and seconded to approve the application as per the Specialist – Planning’s recommendation.  A vote was taken and the proposal was approved by 8 votes in favour, 2 against and 2 abstentions.