Yorkshire Dales National Park Authority

Transcription

1 DUBB'S LANE DUBB'S LANE Lane Ends Barn Greystones Greystones Fairlawn Town Head Barn Cornerstones Hall Chestnut Dale Ivy Rose 3 Beck Whimsical Pike Barn Rosemary Yorkshire Dales National Authority Application Code: C/3/85C Committee Date: 08/08/07 Location: Village Tea Rooms, Waterfall (um) Path Weir Sluice Issues Beck St Michaels School Room School Room Car Caravan Site School PCs Sheepfold Fords Barn Wayside Ford Wharfe TCB Wharfe Rowan Dale Head Birks Pikefoot Firth Demesne s Heber Farm GP Romany Wood LB Moor West Winds Clifford Farm Studio Croft Path (um) River Wharfe Barndale Line of Posts Buck Inn Prospect Barn Old Barn Mill Old Smithy Hill Croft Step EASTSIDE EASTSIDE EASTSIDE EASTSIDE EASTSIDE ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD ROAD EASTSIDE EASTSIDE ROAD () Court Old Chapel Beck Mullions Pond Pond Dalegarth Play Area Brae Foot B B B B B B B 660 B B B B B B St Michaels School Room School Room Car Caravan Site School PCs Sheepfold Town Head Barn Fords DUBB'S LANE Lane Ends Barn Wharfe TCB Wayside C/3/85C Wharfe Rowan Dale Dale Head Barn 3 Ford Birks Cornerstones Chestnut Pikefoot Firth Demesne s Heber Farm Greystones Greystones Barndale Romany GP Wood Moor Fairlawn LB Line of Posts Hall Buck Inn Ivy West Winds Clifford Farm Prospect Barn Studio Old Barn Mill Beck Whimsical Old Smithy Hill Croft Step Croft EASTSIDE ROAD FOR REFERENCE PURPOSES ONLY. NO FURTHER COPIES TO BE MADE Crown copyright and database rights 07 Ordnance Survey Additional information: Yorkshire Dales National Authority

2 Application No: District: Parish: Applicant's Name: Grid Ref: C/3/85C Craven Mr RM Robinson, SD Received by YDNP: 6/05/07 Officer: Peter Eggleton PROPOSAL: LOCATION: full planning permission for change of use of Tea Rooms to dwellinghouse for local occupancy and/or holiday letting Village Tea Rooms, CONSULTEES PC Highways North Yorkshire PUBLIC RESPONSES councillors would like to fully support this application, however they strongly object to the use being that of a holiday letting property. If granted this would ill serve the community's desire for local housing needs re are no local highway authority objections to the proposed development. A traffic generation trade off is accepted. None received. RELEVANT PLANNING POLICIES C9(5) - Existing community facilities L(5) - Conversion of traditional building - acceptable uses L3(5) - Conversion of traditional buildings - building treatment W(5) - Biodiversity enhancement BE7(5) - Safeguarding employment uses SP(5) - Presumption in favour of Sustainable Development SP(5) - National Purposes SP4(5) - Development Quality OFFICER OBSERVATIONS REASON FOR COMMITTEE CONSIDERATION This application is reported to Committee as although the Parish Council recommendation is in accordance with the principle of allowing residential conversion, it objects to the inclusion of short term holiday let use in addition to a local occupancy restriction, which is contrary to the decision which the Head of Development Management proposes to take. C/3/85C 08 Aug 07 Page: 6

3 APPLICATION SITE site is a single storey building which has a café use. It also includes an outbuilding which is attached to the rear of the village store. It is of stone construction with a shallow pitched wide span roof. front elevation is white painted and there is a large opening comprising a Upvc glazed door and full height shop window. re is a seating area outside the front of the property. Car parking takes place to the front of the property although this land falls within the highway.. Whilst the building has a modern appearance, partly due to the altered frontage and shallow roof pitch, there is evidence that a building with a very similar footprint existed on this site in the late C9th (nd edition OS map). It is considered appropriate to regard the proposal as relating to a 'traditional building'. PROPOSAL proposal for is the change of use of the café and the attached outbuilding to a dwelling with a garden to the front. café use was permitted in 987 replacing a garage use. RELEVANT PLANNING HISTORY A similar change of use of the building was recently accepted under delegated powers, reference C/3/85B. This was made by a prospective purchaser and as the sale did not go to completion, the S06 agreement was not completed. Although the application was ultimately withdrawn, the principle of the loss of the café use had been accepted based on evidence demonstrating that the café was not saleable as an on going concern and the its loss would not undermine the provision of local facilities given the other facilities within the area. KEY ISSUES -Loss of employment and community facilities -Visual impact -Neighbour and occupiers amenity -Highway safety -Biodiversity LOSS OF EMPLOYMENT AND COMMUNITY FACILITIES previous application was considered under policies of the previous local plan but the current local plan was at an advanced stage and therefore the current policies were taken into account. Policy BE7 and C9 only allow for the loss of employment uses or existing community facilities, in certain circumstances. Of relevance in this case are that no harm would result to community vitality or employment objectives; the site is no longer commercially viable for sustaining the current level of employment activity; the current use is no longer needed for the current or another community use. previous application included details that the property was marketed for over four years. It was operating at a loss and the use had no commercial value. Three viewings were conducted with only one offer being received (the previous applicant). Evidence was provided that there are three other established A3 uses in plus two pub/restaurants within two miles (Hubberholme and Cray) along with four other pubs and numerous cafés in Starbotton and Kettlewell. conclusion was that given these other similar uses, the prospects of successfully marketing the cafe were remote. existing joint owners/operators would continue to be employed running the adjoining C/3/85C 08 Aug 07 Page: 7

4 shop. tearoom has never supported the equivalent of 5 full-time jobs and policy BE7 accepts that the loss of employment is not considered to be harmful to the economic vitality of the area if it relates to minor employment uses below 5 jobs. supporting text advises that the Authority will not normally intervene in the principle of the loss of employment, unless the use of the site is considered to be particularly difficult to replace or it offers valuable business diversity and there is some likelihood of the use being required again in the future. This was not considered to be the case and the closure was not considered to impact upon village/economic vitality given the other similar business uses in the locality. re would similarly be no harmful loss of community services given the number of established cafes/pubs in the vicinity. circumstances have not changed since the previous application and the policy position remains unaltered with regard to the principles involved. In the absence of any material change in circumstances, it would be inconsistent to reach an alternative view to that previously taken. In any event, given the information available, the loss of employment and the community facilities would not be contrary to the requirements of the current policies and would not harm the sustainability objectives set out in policy SP. site is within the settlement boundary for. Policy L allows for the conversion of traditional buildings to dwellings within settlements providing that the building has capacity for conversion and the dwelling would be restricted to local occupancy or short term holiday lets. applicant is primarily seeking a local occupancy use but also wishes to benefit from a short term holiday let use and is willing to enter into a S06 legal agreement. conversion works would be minor to facilitate the change of use and as such, the proposal is considered to be acceptable in principle in accordance with policies L and L3. Parish Council support the change of use but do not support a short term holiday let use. However, policy L is clear that both uses are acceptable. VISUAL IMPACT proposal would replace the existing Upvc shop front with timber windows and would similarly change the materials of other windows and doors. This would result in a positive benefit to the appearance of the building. attached outbuilding would have a modified roof form to allow the floor levels within it to run through from the main café area. This element would be set back from the frontage and would have a low pitched roof. This element would also offer benefits to the appearance of the building overall. seating area would be replaced with a small garden enclosed by low stone walls which would be in keeping with the setting of the building. works overall would enhance the appearance of this building and its setting and would gain support from the design requirements of policies L3 and SP4. NEIGHBOUR AND OCCUPIERS AMENITY re would be no negative impacts on the amenities of adjoining neighbours. Use as a single dwellinghouse would be less intensive than the former tearoom use. re would be no overlooking. building would be small but it would offer manageable accommodation, with a full range of facilities, over a single level. It is considered that the proposal would accord with the amenity requirements of policy SP4. HIGHWAY SAFETY proposal would make use of the existing roadside car parking. This is acceptable to the Highway Authority as it is considered to be a benefit compared to the existing use. C/3/85C 08 Aug 07 Page: 8

5 RECOMMENDATION Schedule No:4 proposal would accord with the highway safety and access requirements of policy SP4. BIODIVERSITY Policy W (biodiversity enhancement) of the Local Plan, requires that new development that would have an impact on biodiversity make a proportionate on-site contribution to wildlife enhancement. In this case, the enhancement measures would be in the form of the provision of bat or bird boxes. ANALYSIS AND MATERIAL CONSIDERATIONS proposal is considered to be acceptable, with regards to the principle of the loss of employment/community facility and the change of use to a dwelling subject to a local occupancy/holiday let S06 legal agreement. re are no neighbour amenity, visual impact or highway safety concerns and biodiversity enhancements would result. proposal is considered to accord with the requirements of policies SP, SP4, L, L3 and W and would follow the advice within the Design Guide. It would not conflict with the aspirations of the National Planning Policy Framework. It is recommended that permission be granted subject to a legal agreement restricting occupancy to local occupancy and short term holiday lets; and conditions including: Standard time limit Details of the plans Details of new stonework and roof of new link Doors and window frames details Landscaping details Biodiversity enhancements. C/3/85C 08 Aug 07 Page: 9