Agenda item

The Red Lion, Grantham Road, Bottesford

Applicant:     Mr M Mitchell

 

Location:      The Red Lion, Grantham Road, Bottesford, NG13 0DF

 

Proposal:      17/01042/FUL - Change of use and alterations (including demolition of rear extension and erection of new single storey rear extension) of existing public house building to form 2 dwellings, and erection of 1(No.) 3- bedroom dwelling.

 

                        17/01043/LBC - Alterations (including demolition of rear extension and erection of new single storey rear extension) of existing public house building to form 2 dwellings, and erection of 1(No.) 3- bedroom dwelling.

 

The Chair advised Members that the above applications would be voted on separately at the end of all speakers and debates.

 

(a)       The Planning Officer (JL) stated that: The Red Lion, Bottesford – 17/01042/FUL

The application is for the change of use for the existing public house and construction of one additional dwelling on the car park.

Bottesford is a sustainable village, with a wide variety of different services and facilities in the village. Whilst the proposed development would result in the loss of the community facility, there are two other pubs within the village (and other licensed premises). There is an Asset of Community Value listing on the property and it is for the committee to consider how much weight they give to this as a material planning consideration.

The property is also Grade II Listed and located within the Conservation Area. The Committee are reminded of their duty under Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and policy EN13 of the Melton Local Plan 2011-2036.

Late Representations

One late representation has been received for the application, which has been circulated round committee members. This raises concerns in relation to the applicant and their background. As stated in the report, the personal circumstances and background of the applicant is not a material planning consideration.

 

The Chair advised Members that more than one objector had requested to speak and asked if Members would suspend standing orders to allow this. Cllr Rhodes proposed to permit and Cllr Botterill seconded. A vote was taken and the Members voted unanimously to permit.

 

(b)       Cllrs Leigh Donger, on behalf of Bottesford Parish Council, was invited to speak and stated that:

·         Loss of an extremely important village asset.

·         Most important of the 3 pubs Bottesford due to its history.

·         Loss of heritage.

·         Support the efforts of the community to try and save it.

·         Most suited for families with a beer garden to front and rear along with a child’s play area.

·         Cramming more houses in to the centre of the village is unnecessary.

·         Suggestion to defer the decision for 6 months to enable the community to raise funds to buy it.

           

A Cllr noted that they had already had 6 months.

 

Cllr Donger responded that they had only just got team together so would like more time.

 

A Cllr asked why this was considered the more important of the 3 pubs.

 

Cllr Donger replied that it is due to its historical value.

 

A Cllr asked how much they would need to raise and how much the property would be to buy.

 

Cllr Donger responded that it is not for sale at present but that they were hoping that the owner, as a business man, would sell it to them. He was unsure of the figure required for funding and suggested one of the later speakers would be able to answer this.

 

(c)        Bernard Carey, on behalf of the objectors, was invited to speak and stated that:

·         Referenced page 41 of the report, where it stated there was no viability to run it as a public house.

·         When brewing was moved to the head quarters, the brewery slowly engineered the pubs demise.

·         Repeated promises of improvements but nothing happened.

·         Often ran out of beer due to non delivery.

·         Comprehensive list of objections. 

·         Loss of history.

·         Need to protect this resource as it will remove the heart of the community.

 

A Cllr asked if it was an opinion or fact that the brewery has engineered its demise.

 

Mr Carey stated that it was his opinion after reading articles and speaking to previous land lords.

 

A Cllr noted that they may not have delivered the beer due to the landlord not paying the bill rather than engineering its demise.

 

Mr Carey added that he was not aware of the circumstances for this.

 

(d)       John Shilton, on behalf the Friends of the Red Lion, was invited to speak and stated that:

·         There are 150 concerned residents in the Friends of the Red Lion group.

·         The report doesn’t fairly reflect the community position.

·         Want to see it continue as a pub as it has for the last 195 years.

·         A pub would serve the community more than 3 dwellings would.

·         Want to move forward as a constituted group but this requires seed funding and a period of stability.

·         The council’s decision to reject asset of community value. No 6 month moratorium. Need to be put on equal footing with other bidders.

·         A funding package would be an answer to the viability concerns.

 

A Cllr asked how much funding would be required to buy this asset and get it in to a viable condition.

 

Mr Shilton responded that they would need to raise £500,000 in total. No access to inside the pub at present to know how much needs spending inside and also they are aware that items that would have been useful and of value have been removed.

 

A Cllr noted that the figure to buy and renovate would be more in the region of £800,000.

 

Mr Shilton responded that they need more time.

 

A Cllr asked how much the community were offering and of the £50,000 already pledged how many people this had come from.

 

Mr Shilton responded that they had not asked the community yet but 6 had pledged the £50,000.

 

(e)       Mike Sibthorpe, agent on behalf of the applicant, was invited to speak and stated that:

·         The development satisfies C7 of the local plan and should be given significant weight.

·         It has met both tests with regards to loss of community use although it only needs to meet one.  1) Change of use will be supported if other facilities are available. There are another two pubs. 2) Demonstrate it is no longer viable. The costs would not be viable and this information has been provided.

·         Statement from Everard, the property was suffering from neglect and decline. Numerous viewings but no offers due to the expenditure required being unfeasible. Terminal decline from which it will not recover. There was an alarming decline in beer volumes. Unsuccessfully operating and losing money even though they weren’t paying rent. Kitchen too small to operate a food business. Necessary work to bring up to standard £800,000.

·         Renovations will be sympathetic to the listed buildings.

·         No highways objections.

·         No realistic prospect of it reopening as a public house.

 

A Cllr asked if it is the applicants intention to complete the development or sell it with the planning permission in place if granted today.

 

Mr Sibthorp confirmed it is the applicants intention to carry out the development.

 

A Cllr asked if there has been any meaningful development between the owner and the Friends of the Red Lion group with regards to selling it.

 

Mr Sibthorp was not aware of such dialogue. It is not for sale. The applicant wants to carry out the development and even in 6 months time it would not be for sale.

 

(f)        Cllr Chandler, Ward Cllr for Bottesford, was invited to speak and stated that:

·         No definite views on this.

·         Some residents want something done fairly quickly as it is deteriorating by the day.

·         There is nothing indicating it will be for sale and nothing on the table with regards to money. They’ve already had 18 months already.

·         Half the people want it retaining as a pub and half of the people are saying it looks a disgrace and want something doing quickly.

·         How much more will it deteriorate in another 6 months. Not sure of the state inside.

 

A Cllr stated that they noted the internal condition of the pub on their site visit.

 

A Cllr asked if it would it be viable as a pub.

 

Cllr Chandler responded that they are already well catered for with regards to licenced venues and eating establishments.

 

The Planning Officer (JL) advised that the pub is not for sale at present and there are no discussions regarding this.

 

Cllr Rhodes proposed to defer the application for 6 months to allow the Friends of the Red Lion to raise the funds. The building is an asset that’s been part of Bottesford life for nearly 200 years. It is derelict and would need a complete and total refurbishment to become a public house

 

The Chair asked for legal advice regarding the implications of a deferral.

 

The Solicitor to the Council advised the application has been outstanding for a considerable amount of time since 2017 and that the applicant is entitled to have a decision. It would be unreasonable and challengeable decision to take, which may prompt the applicant to put in an appeal or take it to judicial review. The applicant has already said that they are not going to sell.

 

The Chair asked if Cllr Rhodes wished to change his proposal after hearing the legal advice.

 

Cllr Rhodes declined to change his proposal.

 

A Cllr asked if Members can legally propose a deferment.

 

The Solicitor to the Council reminded Members of the risks of a possible appeal or judicial review. The ACV process would kick in if the owner put it on the market but there is no obligation on the owner to sell it.

 

Cllr Greenow seconded the proposal to defer and added that there is a lot of value in what Cllr Rhodes has said and a reasonable period would be 6 months.

 

A Cllr Commented that they couldn’t support the deferral as Bottesford already has facilities and community assets.

 

A Cllr asked for the date of ACV status as it could impact on the amount of time to raise funds.

 

The Planning Officer (JL) responded that it was July 2018 of this year but previous nominations had been rejected and that it was the third time.

 

A Cllr asked for clarification of the date in September.

 

The Planning Officer (JL) responded that September was the owner appealing against the ACV.

 

A Cllr echoed the comments the Solicitor to the Council and reminded Members to think very carefully and reinforced the fact that the pub is not for sale.

 

A Cllr added that they can’t support the deferral as the Council would be vulnerable to a non determination. On a positive note they could end up securing and enhancing the building just may be not in its previous state.

 

A vote regarding the deferral of the FUL application was taken. 2 Members voted in favour of deferral and 7 voted against deferral. There was 1 abstention.

 

The proposal to defer is lost.

 

Cllr Baguley proposed to permit the application and supported the Officers recommendation along with taking in to account Cllr Chandler’s comments. Perhaps the applicant might call it Red Lion Court.

 

Cllr Faulkner seconded the proposal.

 

A vote was taken. 7 Members voted to permit and 2 Members voted against. There was 1 abstention.

 

Determination: The FUL Application was permitted, in accordance with the recommendation in the report and subject to the conditions therein.

 

Reasons: Bottesford is considered to be a sustainable location for new housing development, with a wide range of facilities in the village including two public houses (not including the Red Lion), convenience store, take away facilities, licensed premises and other services. It is not considered that the loss of the building as a community facility would be detrimental to the vitality or sustainability of the local community, due to the other facilities which are in the village.  Whilst the pub is a registered Asset of Community Value, this does not require the current owner to sell the property to another party or to reuse the building as a public house.

 

It is considered that Local Plan Policy (C7) is in general conformity with the NPPF (2018), when considering the loss of a community facility. The information supplied with the application shows general compliance with these policies.

 

In addition to this, the Listed Building status of the Red Lion, which the NPPF advises should be afforded “great weight”. The Council have a duty under the Listed Building and Conservation Area Act 1990 to provide adequate protection to heritage assets. Should planning permission not be granted, there is a possibility that the Listed Building may fall into further disrepair, requiring action by the Local Planning Authority.

 

The Chair advised Members that they now needed to put forward a proposal for the LBC application and the scheme would be monitored very closely for the preservation of the building.

 

The Planning Officer (TE) advised that there would be strict conditions placed on the schedule of works to ensure the fabric of the building is preserved.

 

Cllr Baguley proposed to permit the application and noted that the applicant had renovated the Peacock in Redmile and everyone is happy with it and they had done a good job.

 

Cllr Faulkner seconded the proposal.

 

A vote was taken. 8 Members voted to permit and there were 2 abstentions.

 

 

Determination:  Determination: The application for listed building consent was permitted, in accordance with the recommendation in the report and subject to the conditions therein.

 

Reasons: the application provides a sensitive and proactive solution to the issue of a listed building that has been at risk to the weather, rising damp and continued brick spalling while vacant. The building has suffered considerable harm to its setting with a number of twentieth century accretions and the removal of these structures would bring the heritage asset back to life.

 

There is no viable future for the building as a public house and therefore the proposal is considered acceptable in accordance with paragraph 191 of the NPPF.

 

It is considered that the issue of new residential development in a sensitive location within the Bottesford Conservation Area requires good quality contemporary design, to ensure there is limited impact and harm to the character of the Conservation Area and the legibility of the listed building.

 

In conclusion it is considered that, on the balance of the issues, there benefits in the restoration of a heritage asset at risk outweighs the harm to the loss of historic fabric and the creation of new dwellings in this location.

 

Cllr Bains left the meeting at 7pm.