Demolition and clearance of the existing public house ('the volunteer inn') and erection of new family public house with rooms (uco class a3/a4), customer car park and relocated vehicular and pedestrian access.

The application was approved in accordance with the Case Officer’s recommendation.

(Demolition and clearance of the existing public house ('the volunteer inn') and erection of new family public house with rooms (uco class a3/a4), customer car park and relocated vehicular and pedestrian access.)

 

(Councillor Guthrie fulfilled the role of local ward member and accordingly had no vote on this application.  Councillor TM James had not been present during part of the presentation and accordingly had no vote on the application.)

 

The Principal Planning Officer gave a presentation on the application.

 

In accordance with the criteria for public speaking, Mr R Brook of Marden Parish Council spoke in opposition to the Scheme.  Colonel J Roberts, a local resident, spoke in objection.  Mr T Gregory, a Director of S & A Produce UK Ltd, spoke in support.

 

In accordance with the Council’s Constitution, the local ward member, Councillor KS Guthrie, spoke on the application.

 

She made the following principal comments:

 

·        The inn was a valued community facility.

·        The applicant had not consulted the local community or the Parish Council.  This was disappointing and a missed opportunity that had probably contributed to the number of objections to the application.

·        The new building would be larger, with an emphasis on the restaurant and the provision of guest bedrooms.  The scale and nature of the proposal was inappropriate for a small village like Marden.

·        The Volunteer Inn had a C18 core and was of heritage value.  She referred to the comments of the Service Manager Built and Natural Environment (Historic Buildings Officer) noting that he did not support the proposal.

·        Part of the development would be outside the settlement boundary and in the open countryside.

·        The parking provision would be insufficient leading to traffic problems.

·        The access was on a narrow section of road opposite a bus stop.  There were problems with speeding on the road and concern that increased traffic would create difficulties.

·        The proposal was contrary to the principles of the National Planning Policy Framework (NPPF) in that it did not support the social role of development because the community had not been consulted and was contrary to the environmental role because it involved the demolition of the existing building. Weight should also be given to the Marden Neighbourhood Development Plan (NDP).

·        The application should be refused because it was contrary to policies M5, M1 and M3 of the NDP, Core Strategy Policies RA6, RA3 and SS1 and the principles of the NPPF.

In the Committee’s discussion of the application the following principal points were made:

·        Mindful of the difficulties public house businesses faced, the proposal appeared to be the best way to secure the future of such a business in that location.

·        It was regrettable that the local community and Parish Council were so opposed to the application.  The applicant could do more to engage with the local community.  It was requested that the applicant should give consideration to how the building could be used as a community facility meeting local needs as well as those of others.

·        The Historic Buildings Officer was opposed to the demolition of the existing building.  The proposal was therefore in conflict with policy LD4.

·        The Economic Development Manager objected to the proposed design, questioning the extent to which the proposal met local community needs.

·        It was requested that the proposal to change the name of the public house should be reconsidered so retaining some historical connection.

In response to requests for clarification of the proposal’s compatibility with the NDP the Acting Development Manager commented that the designation of a settlement boundary within an NDP related to new housing development (M1).  The provision in relation to the provision of a community facility was referred to at M5.  This stated that any new or expanded facilities should be, wherever possible, located in or adjacent to the settlement boundary.  The proposal did not therefore appear to be in conflict with the NDP.

 

The local ward member was given the opportunity to close the debate.  She again highlighted the comments of the Historic Buildings Officer that the existing heritage assets had a level of significance for which retention should be considered a priority, and the weight of objections made by the local community.

 

Councillor Greenow proposed and Councillor Edwards seconded a motion that the application be approved in accordance with the printed recommendation.  The motion was carried with 7 votes in favour, 4 against and 1 abstention.

 

RESOLVED: That planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.         A01 Commencement of Development

           

2.         B01 Development in accordance with the approved plans

 

3.         C01 Samples of external materials and joinery

 

4.         G10 Landscaping scheme

 

5.         G11 Landscaping scheme – implementation

 

6.         The recommendations (mitigation and enhancements) as identified in section 5 of the ecological report by DLA Ltd (dated August 2016); and in addition as stated in, the approved Natural England EPS Development Licence (Bats) shall be fully implemented unless otherwise agreed in writing by the planning authority.

 

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. NERC Act 2006.

 

7.         Prior to commencement of the development, a habitat enhancement scheme integrated with the detailed landscape scheme should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.

 

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework, NERC 2006

 

8.         Prior to any materials or plant being brought on to site or any construction work commencing a  detailed Construction Ecological Management Plan with appropriate risk assessments, mitigation and avoidance measures should be submitted for approval by the planning authority. This plan shall be implemented as approved unless otherwise agreed in writing by the planning authority.

 

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. NERC Act 2006.

 

9.         No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

 

            Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

 

10.       I16 Restriction of hours during construction

 

11.       F01 Restriction on hours of working and deliveries (Brewhouse)

 

12.       F06 Restriction on Use

 

13.       F30 Use as holiday accommodation

 

14.       H06 Vehicular access construction

 

15.       I41 Scheme of refuse storage (commercial)

 

16.       I33 External lighting

 

17.       CE7 Efficient use of water

 

18.       D13 – signing of contract before demolition

19.       Prior to the demolition of the building a detailed photographic record (including  notes and surveys) shall be undertaken and then submitted to and approved in writing by the local planning authority.

 

            Reason: To enable a record to be made of this building of historical and/or architectural interest and to comply with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy [and theNational Planning Policy Framework

 

20        H17 Off Site works (footways)

 

21.       H27 Parking for site operatives

 

22.       H29 Cycle Parking Provision

 

23.       H16 Parking / Unloading provision (prior to occupation)

 

24.       H03 Visibility Splays

 

INFORMATIVES:

 

1.         Positive and Proactive

 

2.         Licence requirements

 

3.         Ecologist Advice about CEMP

 

4.         The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com

 

            The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

 

5.         H10 No drainage to discharge to highway

 

6.         HN07 Section 278 agreement

 

7.         HN04 Private apparatus in highway

 

8.         HN01 Mud on highway

 

(The meeting adjourned.)