Agenda item

To receive and consider the attached report of the Chief Planning Officer regarding an application for external and internal alterations, single storey extension and addition of new air conditioning and condenser units

  Plans, drawings and photographs were displayed at the meeting.  A  Members site visit had taken place earlier in the day

  Officers presented the report which related to applications for full planning approval and Listed Building consent for alterations to the former Crown Hotel Public House at High Street, Boston Spa, which was located in a Conservation Area

  The planning history of the site was outlined to Members with it being stated that the premises could lawfully be used as a retail store without a Change of Use being required, with the lawful use as a Public House being established on appeal and the use as a retail store being permitted by government statute.  Accordingly the retail use of the property and factors relating to the retail use were not material to the consideration of the applications before Members

  The proposal before Panel related to the internal and external alterations of the ground floor of the property, with many original features to be retained following discussions with the Council’s Conservation Officer.  A small infill extension at the rear of the site was also proposed.  The front of the property would remain unchanged

  Members were informed that signage did not form part of the application before Panel and would be subject to a separate application for advertisement consent

  In terms of highways issues, these were not a consideration in this case as the site could be used for retail development without the need for planning permission

  A late representation which supported the proposals was reported

  The Panel heard from a local resident who had objected to the application, with the main issues being raised relating to:

·  noise nuisance due to the number of deliveries to the store each day and obstruction from parking on Church Street

·  impact of the proposals on highways safety and the free flow of traffic, particularly at peak times

·  the need for delivery times to be restricted

The Panel also heard from the applicant’s agent who provided

information to Members, which included:

·  that the size of vehicles and use of beepers could be controlled and that a surface yard and delivery strategy would be provided

·  the applicant’s willingness to accept informatives on a planning approval, to address issues relating to the impact of the proposals on residential amenity

·  that the applicant would be willing to fund a Traffic Regulation Order to address highway concerns

·  that the applicant would be willing to enter into a Unilateral Undertaking to address highway issues relating to the property being used as a retail store

The Panel discussed the application, with the main issues raised

 relating to:

·  the lack of consultation with Ward Members.  Concerns were expressed about the approach taken by the applicant/agent in this case, this being to secure planning permission first and then seek to discuss issues with the local community

·  signage.  Members were informed that in this location, a heritage sign would be used, with Members seeking further reassurances about the proposed signage

·  that further details on several issues were required before Panel could reach a decision on the application

The Panel’s Lead Officer advised Members that the situation was

unusual in that the grant of planning permission for retail use did not rest with the LPA in this case.  The application before Panel related to the alterations and the effect of these and whilst it was recognised that there were highway implications from the retail use, those matters could not be linked to the applications before Panel.  In respect of the Unilateral Undertaking which had been offered, this was not something the Panel could place weight upon in determining the applications

  Members considered how to proceed

  RESOLVED -  To defer determination of the application for one cycle and for a further report to be submitted to Panel which set out what matters could and could not be considered as part of both applications and to seek the submission from the applicant of a Unilateral Undertaking which should address the highways issues associated with the operation of the property as a retail store, with Ward Members being consulted on the Unilateral Undertaking prior to the next Panel meeting