Agenda item

131732/F The Slip Tavern, Much Marcle, Ledbury, HR8 2NG

Change of use from public house on ground floor and residential unit on first floor to a single 6 bedroom detached dwelling.

Decision:

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

Minutes:

The Principal Planning Officer gave a presentation on the application, and noted that a statement of positive and proactive working needed to be added to the recommendation as an informative.

In accordance with the criteria for public speaking Mr R Page, a resident, and Mr S Crowther, of CAMRA, spoke in objection to the application and Mr Ranford, the applicant’s agent, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor BA Durkin, the local ward member, spoke on the application. 

He commented on a number of issues including:

·         There was local concern over the loss of an amenity.  There were other premises in the vicinity but the Slip Tavern offered something different.

·         The report set out the drop in turnover over the past five years.  However, there was an offer to purchase and run the premises as a public house.  He considered that the local people wanted the local amenity to remain and planning policy supported this approach in principle. He therefore supported the officer recommendation that the application should be refused.

The debate opened and the following principal points were made:

·         A Member suggested that the Committee should concern itself solely with whether a public house in that location was sustainable.    An offer had been made and the application should be refused, providing an opportunity for the viability of the premises to be put to the test.

·         It was noted that the applicant was requesting more time to market the property.  However, it was suggested that the site should have been thoroughly marketed before a planning application had been submitted and there should therefore be no further deferral.

·         The Development Manger commented that the price at which the property was marketed was a relevant consideration and considered that the application should be determined.

The local ward member was given the opportunity to close the debate and reiterated his view that the application should be refused.

RESOLVED: That planning permission be refused for the following reasons:

1.

The Central Government advice contained within paragraphs 28 and 70 of the National Planning Policy Framework, Policies S11, CF6 and TCR14 of the Herefordshire Unitary Development Plan 2007 and policies SC1 and RA6 of the Core Strategy effectively seek to retain public houses as their value to rural communities unless it can be demonstrated that they are no longer viable. In this instance it is considered that:-

• the length of the marketing period, being less than twelve months, has been inadequate;

• the marketing strategy has been somewhat lacking due to the failure to market through the national industry media / trade journals;

• the original marketing price of £350,000, recently reduced to £335,000 does not reflect the true market value of the premises taking account of its recent turnover. In this regard it is considered that the true market value is best ascertained by comparing the sold prices of similar public houses not the asking prices;

• there is no reason to suggest that the ‘Slip Tavern’ does not have the potential to be viable given its location and physical characteristics; and

• a reasonable offer for the ‘Slip Tavern’ has been rejected.

As such, the proposal is considered to be contrary to the Central Government advice contained within paragraphs 28 and 70 of the National Planning Policy Framework, Policies S11, CF6 and TCR14 of the Herefordshire Unitary Development Plan 2007 and Policies SC1 and RA6 of the Core Strategy.

INFORMATIVE

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against the provisions of the Development Plan (i.e. the Herefordshire Unitary Development Plan 2007) and other material considerations (including the Central Government advice contained within the National Planning Policy Framework and the emerging Core Strategy), clearly setting out the reason for refusal. The reason for refusal allows the applicant to consider whether or not to lodge an appeal. Similariy the reason for refusal allows the applicant to consider whether to submit a fresh application for the same development at a future date.

 

The Local Planning Authority would not encourage the submission of a fresh application for the same development unless the 'Slip Tavern' has been marketed appropriately (including through the national industry / media such as Morning Advertiser and Dalton's Weekly) for a period of at least 12 months at a price no higher than £275,000 with no reasonable offers having been received.

(The Committee adjourned between 11.30 and 11.36 am)

Supporting documents: