Agenda item

Conversion of existing buildings (Sui Generis) to 5no residential aparenments (C3 dwelling Houses)

The Peacock, 10 High Street, Kirton, Boston PE20 1EG

Wellington Pub Company, C/O Agent

Conversion of existing buildings (Sui Generis) to 5no residential apartments (C3 dwelling houses)                                          

The Peacock, 10 High Street, Kirton, Boston PE20 1EG

Wellington Pub Company

Prior to inviting the Deputy Development Manager to present the report the Chairman noted that he had taken part in recent media coverage relating to public houses within another role.  He confirmed he had not discussed the application under consideration and would determine on the report and evidence to be presented.

Furtermore, at this point in the meeting, committee agreed to continue the meeting to conclusion after the 3 hour timed allowance with the constitution.

The Deputy Development Manager presented the report advising of update information to the report tabled within the agenda:

A further representation has been submitted from Kirton Parish Council raising concerns in relation to 1) overdevelopment of the building, with small rooms proposed and 2) lack of parking provision within the proposal along with a lack of on-street parking in the area and limited bus services and cycle routes between Kirton and Boston.  This additional representation received takes the total to 4 with two of those being from Kirton Parish Council.  The new issues raised were that the bus service only runs Monday to Saturday 8:00 – 18.34 and do not visit all areas of Boston and cycle routes are poor, with no direct connection to Boston.

Confirming the application has been called-in to Committee by a Councillor utilising the Scheme of Delegation mechanism due to concerns regarding the number of units and overdevelopment of the site leading to pressures in terms of quality of accommodation and amenity for future, and concerns regarding parking provision. The Deputy Development Manager advised that the site was a former public house known as The Peacock, located on High Street within the settlement boundary of Kirton. The building was a two-story terraced, located between Jhay Stores and Sylvias Beauty Salon. There was a coaching arch located to the side of the building that provided access to the small rear yard and an outbuilding. The public house was currently vacant and it was understood to have ceased trading as a public house in approximately 2012. The building was Grade II listed, located within Kirton Conservation Area and forms the setting of Grade I listed St Peter and Pauls Church. The site was also located within Flood Zone 3.  The area of the site on Kirton High Street was made up of a variety of residential and commercial uses including takeaways, healthcare, bakery, salon, bookmakers and several independent shops. There was on-street parking available with no off road parking on the site.  The proposal was for the conversion of the building and outbuilding from a public house to 5no self-contained flats with good separation. It was proposed to demolish the more modern (circa 1980’s) rear extension as part of the proposals. The front elevation would remain largely unchanged.

Representation was received from Mr James Sturgess the agent for the Wellington Pub Company which included:

There had been no objections from the statutory consultees with the objections from Kirton Parish Council noted previously.  The property had been closed for ten years and the applicant was pleased to bring it back into a long term sustainable and viable use. The alterations proposed were largely internal and to the rear of the building and would not be seen from the High Street nor impact on the frontage. The conversion scheme combined to use the existing building and all but one of the flats complied with and exceed nationally prescribed standards.  Private outdoor amenity had been provided for the 3 ground floor flats.  The lack of parking spaces on site was acknowledge, however parking had been scoped with Highways at Lincolnshire County Council ahead of the application being submitted and the final view of Highways had been that it was acceptable with the town of Kirton being one of the most sustainable in the area.  To have provided parking on site would have meant a significant reduction in the size of the site, with a reduction in units with the remainder being made large and accommodating more inhabitants, and it would have also resulted in a conflict in pedestrian access.   The existing use if reinstated would have no parking and would create significantly more car movement throughout the week with customers parking:  the function suite currently on site would increase vehicle movements considerably.

At this point in the proceedings the Chairman invited committee members to question the representatives

Referencing the 3 bedroom apartment a member questioned why it had been sited on the second and third floor with no access to the outside space, when in all likelihood it would be a family who would inhabit it.  Mr Sturgess confirmed that it was due to the existing layout and access to the second floor, with no other way to transition to there without significant works to the building.

Significant committee deliberation followed which included the following foremost points:

Comments in objection to the application included over development of the site with a preference for 2 apartments only.  Issues at the lack of parking on the site included comments in respect of restricted parking within the village and also at the assumption that future residents would not have their own vehicles.  Referencing the open space members questioned its actual size to accommodate the number of residents who would have access to it.  Seeking confirmation of the location of waste bins, members voiced concern that they needed to be sited within the development and not on the front of the building.  It was agreed a condition for the suitable storage of bins be included in any recommendation to grant.   Referencing the units on the ground floor facing inwards the issue of outlook and a lack of natural light were also tabled.  Reference to a much larger application of a similar nature on Lister Way was made which had been appealed and the Inspector had supported the Council's reasons for refusal which had included no on-site parking.

Comments in support of the application included support of the restoration of the building and appreciation that its historic elements would be preserved along with only a little change aesthetically, to the appearance of the building.  The development would be sustainable and members recognised that the site could reinstate its existing use and become a public house again, generating a residential flat on site and significant vehicle movements from customers.  There was a proven need for the type of accommodation and uptake of development of the site as a single size residence was questionable in the modern day living.  Kirton was a main service area with shops and transport links and options of off- site parking.  Recognising the comments in objection a number of members reiterated the application was compliant with policy and with the exception of the Parish Council, all statutory consultees, including Lincolnshire County Council Highways, had raised no objections to the application.

Addressing the comments made by members the Assistant Director advised that it would be possible to add a condition in respect of suitable on site storage of waste bins.   Referencing the comparison to the Lister Way appeal decision, members were cautioned against any correlation with the appeal. There were significant differences with the two applications including a lack of satisfactory parking around the heavily parked streets near Lister Way.  Members were further reminded that the Council had no control over where people parked and the applicant had no control on proposals for parking as Highways were the responsible authority.

It was moved by Councillor Tom Ashton and seconded by Councillor Jonathon Noble that the application be granted in line with officer recommendation subject to the reason and conditions therein and subject to an additional condition for the suitable storage on waste bins on the site.

Vote:    In Favour:  8       Against:  2.     Abstention:  0

RESOLVED:

That committee grant the application in line with officer recommendation subject to the following conditions and reasons and to the additional condition for suitable storage of the waste bins.

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

Reason: Required to be imposed pursuant to Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby permitted shall be carried out in strict accordance with the application form and in accordance with the associated plans as follows:

§          2067 09 Proposed Elevations and Sections

§          2067 08a Proposed Elevations

§          2067 07 Proposed First and Second Floor Plans

§          2067 06 Proposed Ground Floor Plans

Reason: To ensure the development is undertaken in accordance with the approved details, in accordance with Policies 2, 3 and 4 of the South East Lincolnshire Local Plan (2011-2036) and with the intentions of the National Planning Policy Framework (2021).

3. Prior to the commencement of any development a Historic Building Recording shall be submitted to and approved in writing by the Local Planning Authority, to be carried out by a suitably qualified person and in accordance with an agreed written brief and specification.  The results of the building recording shall be submitted to the Local Planning Authority prior to work commencing on the site.

Reason: To ensure any historic features are recorded in accordance with Policy 29 of the South East Lincolnshire Local Plan (2011-2036).

4. Prior to the commencement of any development, a scheme for the provision and implementation of foul water drainage shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include the location and full details of any external new waste water goods. The works/scheme shall be constructed and completed in accordance with the approved plans.

Reason: To address foul water provision and impacts on a heritage asset in accordance with Policies 2 and 4 of the South East Lincolnshire Local Plan (2011-2036).

5. The development hereby permitted shall be carried out in accordance with the Flood Risk Assessment (FRA) produced by RAB Consultants dated 10/09/2021 Version 0.1. All mitigation measures shall be fully implemented prior to occupation and subsequently remain in place.

Reason: To reduce the risk and impact of flooding in accordance with Policy 4 of the South East Lincolnshire Local Plan (2011-2036).

6.  Prior to any groundworks being undertaken a scheme of Archaeological recording shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include details of monitoring all groundworks with the ability to stop and fully record archaeological features.

Reason: To ensure any archaeological features are recorded in accordance with Policy 29 of the South East Lincolnshire Local Plan (2011-2036).

7. The development hereby permitted shall be undertaken in accordance with the Protected Species Survey Report produced by Windrush Ecology dated November 2021. Should any protected species be found during the development work shall cease immediately and details of bat protection measures shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the protection of protected species during the development, in accordance with Policy 28 of the South East Lincolnshire Local Plan (2011-2036).