Agenda item

Ivy House Hotel, 43 High Street, Marlborough, SN8 1HJ - Change of use from Hotel (C1) to Boarding House (C2).  Internal and external alterations.

Ivy House Hotel, 43 High Street, Marlborough, SN8 1HJ – Change of use from Hotel (C1) to Boarding House (C2). Internal and external alterations.

The following people spoke in objection to the proposal:

Mr G Olson, a local businessman

Miss Julia Peel, on behalf of residents of River Park, Marlborough

Lady Julia Hiscox, the wife of, and on behalf of, the High Sheriff of Wiltshire

Mr Richard Pitts, of Marlborough Town Council

The following people spoke in support of the proposal:

Mr Michael Douch, the hotel owner

Miss Suzie Willis, the agent

The Committee received a presentation from the Area Development Manager (South Wiltshire) which set out the main issues in respect of the application. He explained the background to the application and clarified that the Committee could not determine the application, which was subject to appeal to the Planning Inspectorate, but could express whether it supported or objected to the proposal. He introduced the report, which recommended that the Committee support the application’s approval by the Inspector, subject to conditions, and drew Members’ attention to the late items.

Members of the Committee then had the opportunity to ask technical questions, after which the Committee received statements from members of the public detailed above, expressing their views regarding this planning application.

The Chairman invited advice from the Wiltshire Council Solicitor, who submitted that:

·         The value in planning terms of an existing use of land is clearly a material consideration in determining a planning application unless there is no possibility that a refusal would result in its retention. The test is to ask whether there is a fair chance that if permission were refused, the existing use would continue rather than stand empty.  But that test should be applied while balancing the planning significance of the existing use.

·         PPS4 policy EC7 deals more with the way in which local planning authorities should prepare their development plans, than individual planning applications. However the guidance overall may be relevant.

·         Policy ED18 is relevant - the criteria to apply are whether the application (so far as relates to the part of the building that is within the primary shopping frontage):

a)    makes a positive contribution to the vitality and viability of the centre or

b)    is necessary to secure the future of a Listed Building at Risk or other building is important to the street scene; and that

·         It is also of some relevance and a factor to weigh in the balance, that the existing use is a town centre use recognised as such for the purposes of PPS4 while the proposed use appears not to be such a recognised use, and one not made explicit in the officer’s report.

After lengthy discussion regarding:

·         The principle of change of use from hotel to boarding house;

·         The impact on the character of the area (including its status as a conservation area);

·         The impact on the listed building;

·         The impact on highway safety; and

·         The impact on residential amenity.

And upon hearing the views of the local Member, Cllr Nick Fogg, it was,

Resolved:

That the Council advise the Planning Inspectorate that is objects to the proposal, for the following reason:

The proposal would result in the loss of an important tourist facility within the Marlborough area.  This would be detrimental to the vitality and viability of the area as a consequence of lost local employment and tourism related spend, and so is contrary to the broad principles of Planning Policy Statement no. 4 (Planning for Sustainable Economic Growth) and Policy ED18 of the Kennet Local Plan 2011.