Meeting documents

SSDC Area North Committee
Wednesday, 13th December, 2017 2.00 pm

Minutes:

Proposal: Change of use of public house (Use Class A4) to 1 No. dwelling with associated parking

 

The Planning Officer reminded Members that they had previously considered the application in July 2017, however, it had been registered as an Asset of Community Value.  The 6 month period had now elapsed but sufficient funding to purchase the public house had not been raised.  Although the proposal would mean the loss of a community asset, the business had been marketed since 2011 and had only received 1 offer below the market price.  He recommended the change of use to a dwelling.

 

Cllr P Deacon of Huish Episcopi Parish Council said the Parish Council did not agree that Policy EP15 had been met or that the public house was unviable or robustly marketed.  He said the village population was rising and a public house contributed to its sustainability.  He questioned lack of a For Sale sign and the profitability of the business.

 

Mr C Miller, Agent for the applicant, said that the business had remained open and for sale during the previous 6 months but because of the lack of size or ability to expand there was not sufficient income to pay both staff and the mortgage.  He asked that Members support the officers recommendation.

 

Councillor Aparicio Paul read out a statement from the Ward Member, Tiffany Osborne, urging the Committee to reject the application.  She felt the selling price was inflated and with enthusiastic owners, the pub could return to profitability.

 

During a lengthy debate, varying views were expressed by Members.  Some felt if it was marketed at a sensible price then it would sell to new owners, whilst others expressed concern that the owners could close the pub and continue to live in the accommodation above. 

 

It was proposed and seconded to refuse permission as Members felt that the unviability of the business (Policy EP15) had not been demonstrated. However, on being put to the vote, the proposal was lost (voting: 5 in favour, 6 against, 0 abstentions).

 

It was then proposed to grant permission for change of use, in principle subject to the applicant entering into a S106 Obligation, requiring the change of use of the public house to be commenced prior to the implementation of planning permission for the erection of a dwelling on the car park of the public house should the application for housing on the car park site of the public house (application 17/00918/OUT) be approved.  On being put to the vote, the proposal was approved (voting: 6 in favour, 5 against, 0 abstentions).

 

RESOLVED:

That planning application 17/00917/COU be APPROVED, as per the officer recommendation, subject to the following:

 

Justification:

 

01.   The proposed change of use to a single dwellinghouse is considered to be appropriate in this location. It has also been satisfactorily demonstrated that there is no reasonable prospect of retention of the existing use and that appropriate efforts have been made to secure suitable alternative business or community re-use. The proposal also has no detrimental impact on visual amenity of the local area, residential amenity or highway safety. As such, the proposed development is considered to accord with the aims and objectives of policies SD1, SS1, SS2, TA5, TA6, EP15, EQ2 and EQ3 of the South Somerset Local Plan (2006-2028) and the provisions of chapters 1, 4, 7, 12 and the core planning principles of the National Planning Policy Framework.

 

Subject to the following conditions:

 

01.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

           

            Reason:  To accord with the provisions of section 91(1) of the Town and Country Planning Act 1990.

 

02.       The development hereby permitted shall be carried out in complete accordance with the following approved plan: '535 (00) 01', received 9th March 2017.

                                                           

            Reason: For the avoidance of doubt as to the development authorised and in the interests of proper planning.

           

03.       Prior to the change of use hereby permitted first taking place, a parking area shall be provided to accord with the layout of parking spaces, as indicated on submitted plan '535 (0) 01 A', received 16th May 2017. This area allocated for parking shall thereafter be kept clear of obstruction and shall not be used other than for the parking of vehicles in connection with the development hereby permitted.

                                                           

            Reason: In the interests of highway safety, in accordance with policies TA5 and TA6 of the South Somerset Local Plan (2006-2028) and the provisions of chapter 4 of the National Planning Policy Framework.

           

 

Informatives:

 

01.       Please be advised that approval of this application by South Somerset District Council will attract a liability payment under the Community Infrastructure Levy.  CIL is a mandatory financial charge on development and you will be notified of the amount of CIL being charged on this development in a CIL Liability Notice.

 

You are required to complete and return Form 1 Assumption of Liability as soon as possible and to avoid additional financial penalties it is important that you notify us of the date you plan to commence development before any work takes place.  Please complete and return Form 6 Commencement Notice.

 

You are advised to visit our website for further details https://www.southsomerset.gov.uk/cil or

email cil@southsomerset.gov.uk.

 

(Voting: 6 for, 5 against)

Supporting documents: