Minutes:
Public Participation
Mr Paul Charity, Mr Peter Wicks and Mr Nick Sayer spoke in objection to the application.
Mr Steve Culverhouse (agent) and Mr Stevens spoke in support of the application.
Cllr Harrison of Downton Parish Council spoke in support of the application.
The planning officer presented his report to the Committee which recommended that planning permission be approved subject to conditions.
The officer raised issues including the impact on the character, setting and historic fabric of the listed building and the impact on amenity of neighbouring residents and uses. The application was recommended for approval subject to the applicant entering into an appropriate legal agreement with the Council to make financial provision towards recreational open space (in accordance with local plan policy R2) and subject to Conditions.
An additional correspondence was circulated at the meeting.
Members then had the opportunity to ask technical questions of the officer. These included questions on the viability of the development. Specific details were sought on the marketing of the property. The use of surrounding land within the boundary wall was raised. It was asked if the parish council had been engaged to discuss a potential community use; due to the condition of the building this was not found as viable.
Members of the public then had the opportunity to present their views to the Committee as detailed above.
The Local Member, Cllr Julian Johnson, spoke in favour of the application due to viability issues of the Kings Arms as a public house and the presence of three other pubs in Downton. Cllr Johnson stated that many of the representations against the application were from addresses outside of Downton and many others were duplicated from the same address.
A debate followed that included concern being raised by Members over the viability of the property as a public house. Members discussed the location of the property within the village and its appearance in Downton. The need to protect public houses in the county from closure was raised. The validity of the presented evidence and the proximity of the surrounding public houses were also discussed. The need to protect the appearance of this listed building was raised.
Debate continued and it was stated by some that having ten tenants in ten years showed a lack of viability and the national falling demand for public houses.
Resolved:
That subject to all parties entering into a S106 legal agreement which secures:
• Financial contributions towards the provision of public open space
to delegate to the Area Development Manager to Approve Planning
Permission, subject to the following Conditions:
1 The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
REASON: To comply with the provisions of Section 91 of the Town and
Country Planning Act 1990 as amended by the Planning and Compulsory
Purchase Act 2004.
2 The development hereby permitted shall be carried out in accordance with
the following approved plans:
Drawing number 11A dated 11/2013 as deposited with the local planning
authority on 22.01.14, and Drawing number 07H dated 12/2013 as deposited with the local planning authority on 23.01.14, and Drawing number 18 dated 12/2013 as deposited with the local planning authority on 23.01.14, and Drawing number 08D dated 11/2013 as deposited with the local planning authority on 23.01.14, and Drawing number 23 dated 01/2014 as deposited with the local planning authority on 28.01.14, and Drawing number 22 dated 01/2014 as deposited with the local planning authority on 30.01.14, and Drawing number 10C dated 10/2013 as deposited with the local planning authority on 30.01.14, and Drawing number 09B dated 10/2013 as deposited with the local planning authority on 16.01.14, and Drawing number 19 dated 12/2013 as deposited with the local planning authority on 16.01.14.
REASON: For the avoidance of doubt and in the interests of proper
planning.
3 No construction or demolition work shall take place on Sundays or Public
Holidays or outside the hours of 07:30 to 18:00 on weekdays and 08:00 to
13:00 on Saturdays. No burning of waste shall take place on the site during
the construction phase of the development.
REASON: In the interests of neighbouring amenities
4 Before the development hereby permitted commences a scheme for the
identification, safe removal, storage and disposal of asbestos materials
from the site shall be submitted to and approved by the local planning
authority. Development shall be carried out in accordance with the scheme
for the removal of asbestos thereby approved.
REASON: In the interests of neighbouring amenities
5 No development shall commence on site until details of the proposed
rooflight windows and the glazing for the proposed garden room extension
have been submitted to and approved in writing by the Local Planning
Authority. Development shall be carried out in accordance with the
approved details.
REASON: In the interests of visual amenity and the character and
appearance of the area.
6.No development shall commence on site until a sample wall panel of the
proposed new brickwork (and capping detail), not less than 1 metre square,
has been constructed on site, inspected and approved in writing by the
Local Planning Authority. The panel shall then be left in position for
comparison whilst the development is carried out. Development shall be
carried out in accordance with the approved sample.
REASON: In the interests of visual amenity and the character and
appearance of the area.
7. No development shall commence until a scheme for an archaeological
watching brief during construction shall be submitted to and approved in
writing by the Local Planning Authority. Such a scheme shall include the
submission of a written scheme of investigation and the submission of a
final report detailing the outcome of the watching brief, and include
measure to record and mitigate any archaeological finds. The scheme
shall be developed in accordance with the approved scheme.
REASON: In order to ensure that an archaeological watching brief is
carried out during construction, and that any works or finds are properly
recorded and protected.
INFORMATIVE FOR BATS
There is a low risk that bats may occur at the development site. Bats and
their roosts are protected at all times by the Conservation of Habitats and
Species Regulations 2010. Planning permission for development does not
provide a defence against prosecution under this legislation or substitute
for the need to obtain a bat licence if an offence is likely. If bats or evidence
of bats is found during the works, the applicant is advised to stop work and
follow advice from an independent ecologist or to contact Natural England.
Cllr Ian McLennan wished his vote against the motion be recorded.
Supporting documents: