Agenda item

DA/2020/1051 BADBY - Change of use of Public House (Sui Generis) to single dwelling (Class C3) and other alteration to the grounds to form associated parking and garden areas - Windmill Inn, Main Street

The Area Planning Officer outlined the application for the change of use of a public house to a single dwelling. Members’ attention was drawn to the list of late representations and advised that another late representation of objection had been submitted following its publication which had not raised any new issues. The Officer noted that this representation had been copied to Cllr Smith who would no doubt make reference to it in his address to committee.

The public house had been on the market for 2 years. A market assessment had been carried out during the course of the application and it was considered that sufficient efforts had been made to market the property.  The Windmill Inn Public House was identified as a ‘Community Facility’ in the Badby Neighbourhood Plan and policy CW3 of the Part 2 Local Plan sought to protect local retail services and public houses. Policy B4 of the NDP stated that satisfactory evidence had to be demonstrated that the site had been marketed for 12 months or more or that the proposal included alternative provision on a site with the locality with similar facilities. There was another public house in the village which was deemed capable of servicing the needs of the village and there were other local hostelries in neighbouring villages

Mr Morris, spoke against the application, Mr Snell spoke on behalf of the Parish Council and Mr Warr, the Agent, addressed the Committee.

Councillor David Smith, one of the local ward Members, reported that he had received a letter from Whittaker Bros to advise that they were putting an offer on the property as they considered the pub to be a viable business. It was a valued pub in the locality with 250 years of history. Councillor Smith did not consider that all avenues with regard to marketing the property had been investigated.

Councillor Jo Gilford, one of the local ward Members, referred to the survey carried out by the parish council and the considerable support for the pub to remain open. Councillor Gilford considered that if it was managed well, the pub would be a viable business, as it had been in the past.

Councillor Cecile Irving-Swift enquired as to whether the offer letter referred to by Councillor Smith could be taken into account in the decision. The Council’s Solicitor advised that no prices had been discussed and the offer could be derisory, therefore not much weight should be attached to it. The applicant had submitted a professional marketing report with their application and Officers had considered this when making their recommendation.

Councillor Cecile Irving-Swift suggested that the application be deferred as the industry had suffered and the parish wanted to retain the facility.

Councillor Wendy Randall considered that both pubs in the village were very different and agreed that if The Windmill was run correctly, it could be a thriving business again.

Councillor Peter Matten queried whether the pub had been for sale as it seemed to be to lease. The Area Planning Officer advised that the policy stipulated that it had to have been actively marketed and this part of the policy had been satisfied. Members needed to consider if the marketing exercise was sufficient and what other similar facilities were nearby. If permission was granted for the pub to be turned into a house it did not mean that it would become a house.

Councillor Daniel Lister queried whether Officers had received a copy of the offer letter and highlighted that there would have been difficulty in marketing the property due to the pandemic. The Area Planning Officer advised that the letter had been received too late to be considered for the meeting.

The Council’s Solicitor considered that if the application were refused it could provide evidence for an appeal. Members needed to think several steps ahead in this instance. The pub could still re-open even if planning permission were granted for the property to become a house; however if the application were refused it did not mean that the property would become a pub again.

Councillor Daniel Lister proposed that the application be refused as it had not been marketed adequately and because it would result in the loss of a community asset to the village. The proposition was seconded by Councillor Wendy Randall and on being put to the meeting was declared carried with 6 voting in favour and 1 against.

RESOLVED:

That the application be refused for the following reasons:

The Council considers that the proposed development would conflict with the provisions of Policy B4 (1) of the Badby Parish Neighbourhood Plan 2018-2029 Made 2019, Policy CW3 A) of the Settlements and Countryside Local Plan (Part 2) for Daventry District 2011-2029 Adopted 2020, and Paragraph 84 d) of the National Planning Policy Framework 2021, which seek to retain local services and community facilities such as public houses, where the loss will only be permitted in certain circumstances. The Council considers that insufficient evidence has been produced to demonstrate that the premises have been actively marketed for a prolonged period of 12 months or more without securing a viable community use for the facility and to demonstrate it is no longer attractive to the market for its existing permitted use. Furthermore the Council considers that the loss of this facility would adversely impact on the village as there are insufficient alternatives within the village that would compensate for its loss.