CA/15/01198/FUL. Canterbury City Council Military Road Canterbury Kent CT1 1YW. Crown copyright and database rights 2015 Ordnance Survey

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1 Scale 1:1,250 Map Dated: 28/10/2015 CA/15/01198/FUL Crown copyright and database rights 2015 Ordnance Survey Canterbury City Council Military Road Canterbury Kent CT1 1YW

2 AGENDA ITEM NO 13 PLANNING COMMITTEE 10 November 2015 APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//15/ Martyrs' Field Road, Canterbury, CT1 3PX Change of use of ground-floor from public house to two flats. Full application DATE REGISTERED: 29 May 2015 TARGET DATE: 13 November 2015 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: OFFICER CONTACT: WEB LINK: RECOMMENDATION: Not listed Canterbury Martyrs Field Wincheap Mr Woolley Mr J. Payne Blackrock Architecture Ltd. 3 Pollard Place Whitstable Kent CT5 4TZ Miss Louise Daniels Grant subject to conditions as set out at the end of the report. SITE LOCATION AND DESCRIPTION 1. The application building is two-storey, detached with the ground floor occupied as a public house and the first floor occupied by a flat. There is a rear garden to the site and a small side access for the parking of one car. The ground floor of the building, side access and rear garden are subject to this application. 1

3 2. Martyrs Field Road and the surrounding roads are largely residential, characterised by mostly terraced properties. The site is within a Conservation Area within the urban area of Canterbury. There is a public footpath/cycle route to the rear of the site which makes the rear of the site visible from the public domain. RELEVANT PLANNING HISTORY 3. Planning permission was previously refused at this site for a change of use of the ground floor from a public house to two flats and the erection of a twostorey side extension (CA/14/02703). 4. This application was refused on two grounds, firstly due to the loss of a community facility. The application had not sufficiently demonstrated that the building was incapable of continued usage as a community facility, that there was no demonstrable need for the use of the facilities within the locality, nor that there were no other alternative uses to serve the local community that could operate from the building or land. 5. The second ground for refusal was that the proposed two-storey side extension would unbalance the existing property, reduce the visual importance of the detached public house in the street scene, create a frontage out of character with the existing frontages on Martyrs Field Road and would result in an inappropriate overdevelopment of the site which would all result in the extension having a detrimental impact on the character and appearance of the Conservation Area PROPOSED DEVELOPMENT 6. The application seeks planning permission for the conversion of the ground floor public house to two flats. The application has been amended since the submission to omit the originally proposed two-storey side extension. 7. The ground floor of the unit currently provides a kitchen, dining room and hall to the rear of the building which serves a flat which also occupies the first floor with 3 bedrooms, this flat is not part of this application. The remaining areas of the ground floor are occupied by the public house use. 8. This application proposes to change the ground floor into two one-bedroom flats. Access into the flats would be through the existing, centrally positioned public house entrance from Martyr s Field Road. CONSULTATION RESPONSES 9. The following response have been received in respect of this application: Canterbury City Council Rubbish & Recycling No comments to make 2

4 Canterbury City Council Transportation Bicycle provision to be conditioned Canterbury City Council Conservation Officer No objection as there are now no external alterations. Kent Highways No comments to make. REPRESENTATIONS 10. The application was publicised within the local press, a site notice was posted within the vicinity of the site and neighbouring occupiers adjoining the site were notified in writing. 11. Three letters of representation have been received making the following comments: Parking pressures. Loss of the public house and community use. Additional refuse onto the street. HMO use with up to 10 bedrooms. Side extension out of character. Should be retained as a community use. 12. The Wincheap Society Objects on the following grounds: Side extension out of character. No side access, refuse concerns. HMO use potential. Loss of community facility. RELEVANT POLICY GUIDANCE 13. The following policies of the Canterbury District Local Plan First Review 2006 apply: H1 - Residential development BE1 - High quality design BE3 - Design statements/development briefs BE7 - Conservation Areas and their settings to be preserved or enhanced C9 - KCC Vehicle & Cycle Parking Standards with local variations. C13 - Buildings or uses for community purposes, 14. The following policies of the Canterbury District Local Plan (Publication Draft) 2014 apply: SP1 - Presumption in favour of sustainable development 3

5 SP4 - Development to be focused in Canterbury, Whitstable and Herne Bay. DBE1 - Sustainable design and construction measures. DBE3 - Development proposals to be of high quality design and layout. DBE7 - standard of accommodation in new housing DBE9 - Residential intensification only acceptable in existing residential areas and on allocated housing sites. HE1 - Historic environment. HE6 - Conservation areas and their settings to be preserved and enhanced. QL6 - Retention of community uses and buildings T9 - KCC Vehicle & Cycle Parking Standards with local variations. 15. The following Supplementary Planning Document applies: 'Sustainable Construction' adopted April 2007; Heritage, Archaeology and Conservation adopted October Guidelines for the Control of Residential Intensification ASSESSMENT 16. The application is brought before the Planning Committee due to the number of objections received. 17. The main considerations in the assessment of this application are: Principle loss of community facility and housing development Living conditions Impact upon the conservation area Other considerations Principle Loss of community facility 18. Since the submission of the application, the agent has provided the Council with marketing evidence, a brochure showing the property being advertised for sale with Fleurets Leisure Property Specialists Ltd and it has been confirmed by Fleurets that the property was marketed with them from November 2013 to May 2014 when the applicant took ownership. The property continued to be advertised from May 2014 to December 2014 by window displays, as well as referrals from Fleurets and local marketing. The applicant states that during this time there were only 3 interested parties but no offers were made. 19. The applicant provided a supporting document which listed several other similar establishments within the surrounding area and given the lack of interest following the marketing period it is considered that there is not a demonstrable need for the use of this site as a pub within this location. Given the residential location and lack of parking, it is considered that the site would neither easily lend itself to another community facility. Therefore, considering the above, the proposal is considered to accord with Policy C13 of the 4

6 Canterbury District Local Plan First Review 2006 and Policy QL6 of the emerging Local Plan (June 2014). 20. Therefore, although limited marketing information has been provided, it is considered that on balance given the location and other similar uses within the surrounding area, the proposed change of use to residential accommodation and loss of the public house is considered to be acceptable in this location. Housing development 21. I am satisfied that the principle of residential use is acceptable in this location in a residential street within the urban area in accordance with policy H01 of the Local Plan Living conditions 22. In terms of noise and disturbance the two flats would be likely to have less impact than the current public house use and therefore the proposed use would have a beneficial impact upon the amenity of surrounding residential properties. 23. I consider that the internal layout proposed is compliant with the national space standards and would provide a comfortable living space for the future inhabitants of the two flats. Character and appearance 24. No external changes are now proposed and the proposed change of use is considered to preserve the character of the conservation area. Other considerations 25. Although there is limited on street parking within the area, changing the use from a public house to two, one bedroom flats, is considered would create less parking demands within Martyrs Field Road than would currently exist with the property in use as a public house, in that the parking standard applicable would require less provision. 26. Concern has been raised through the consultation process that the building could be used for HMO (House in Multiple Occupation) use. The application as it stands is only proposing a change of use from a public house to two flats. Both these flats would each have a bathroom, kitchen, living room and bedroom with no shared facilities between. The application is not applying for HMO use and the Council has no grounds to consider any other use. 5

7 Conclusion 27. The proposal is considered to have addressed the previous grounds for refusal and the proposal is now considered to be policy compliant and as such is recommended for approval subject to conditions. 6

8 DRAFT CONDITIONS/REASONS FOR DECISION NOTICE Application No: CA/15/01198/FUL Proposal: Change of use of ground-floor from public house to two flats. Location: 48 Martyrs' Field Road, Canterbury, CT1 3PX CONDITIONS/REASONS: 1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act Unless otherwise agreed in writing by the local planning authority the development or work shall only be carried out in accordance with drawings C.DM/ ; C.CM/15/6.04; C.DM/14/21.02 and Site Location Plan received 29 May 2015 and drawing C.DM/15/6/03 received 15 September 2015 and C.DM/14/21.02 received 25 September REASON: To ensure the development or work is in accordance with the permission, consent or approval given. 3 Prior to first occupation of the dwelling hereby approved, provision of secure, covered cycle parking facilities shall be provided. Such facilities shall thereafter be permanently retained. REASON: In order to promote sustainable modes of transportation.