Agenda item

Report of the Assistant Director – Planning.

Application ZA23/01973/LB – Listed Building application for works associated with change of use to first, second and third floors to a HMO providing staff accommodation in association with existing ground and basement floor restaurant use, with a communal kitchen and sanitary facilities (use Class C4).  Re-consultation and amended plans at Dragon Inn Chinese restaurant, 41 Market Place, Ripon, North Yorkshire HG4 1BZ on behalf of Mr Wang.

Considered:

The Assistant Director Planning – Community Development Services sought determination of a planning application for Listed Building consent for works associated with change of use to a HMO providing staff accommodation in association with existing ground and basement floor restaurant use, with a communal kitchen and sanitary facilities at 41 Market Place, Ripon. The application was on submitted for Committee decision due to raising significant material planning considerations.  

There were no public speakers in respect of the application for Listed Building consent.

The decision:

That contrary to officers’ recommendation Listed Building consent be GRANTED subject to conditions presented to the Committee:

Condition 1 Approved Plans

              The development hereby permitted shall be carried out in strict accordance with the following details and plans;

              Location Plan; received 09.01.2024.

              Proposed Site Plan, 2^nd and 3^rd Floor plan; drwg no. W28- 3D, received 09.01.2024.

              Proposed BF, GF and FF Plan; drwg no. W28, 2C, received 09.01.2024

              Proposed Elevations; drwg no. W28, 7A, received 09.01.2024

              Reason: For the avoidance of doubt and in the interests of proper planning.

              Condition 2 Window Details (discharge required)

              All necessary repairs to existing windows shall match the existing window. If windows are deemed to be beyond reasonable repair, details of replacement windows shall be submitted to and approved in writing prior to the removal of the existing windows. Thereafter the replacement windows shall be constructed and inserted into the window opening in accordance with the approved details. The following information will be required in such circumstances:

•             A means of identifying the location of the windows to be replaced (an elevation drawing or photo of the elevation, for example);

•             Scale drawings of the replacement windows – to include an elevation drawing, horizontal and vertical sections (at a scale of 1:10 or 1:5, as appropriate) and a glazing bar cross section (at a scale of 1:1). The drawings shall make clear the relationship of the window to the window opening (to show the proposed reveal).

•             Confirmation of materials and finishes;

•             If a change in window style is proposed, the proposed change should be clearly identified and justified;

•             A report on the condition of the existing windows by an adequately qualified professional experienced with the repair of traditional windows, pertaining to why it is not possible to repair them.

              Reason; In the interest of safeguarding the special character of the Grade II Listed Building in line with policy HP2 and the NPPF.

              Condition 3 Rear Path (discharge required)

              Prior to the occupation of the development hereby permitted, details of the improvements and alterations to the path within the amenity space of the development shall be submitted to and for the written approval of the Local Planning Authority.

              Reason; In the interest of upgrading the accommodation to the satisfaction of the Housing Department while safeguarding the special character of the Grade II Listed Building in line Local Plan Policy HP2 and the NPPF.

  Condition 4 Stair details (discharge required)

Prior to the installation of the internal staircase hereby approved, detailed elevation and section drawings, including its fixings and fittings to the existing structure, at a scale of 1:10 or 1:20 shall be submitted to and for written approval of the Local Planning Authority. Thereafter, the development shall be carried out in strict accordance with the approved plans.

Reason; In the interest of safeguarding the special character of the Grade II Listed Building in line with policy HP2 and the NPPF.

Condition 5 sprinkler and smoke alarm system (discharge required)

Prior to the installation of smoke alarm of sprinkler systems in relation to the development hereby approved, details of such systems shall be submitted to and for written approval of the Local Planning Authority. Thereafter, the development shall be carried out in strict accordance with the approved plans.

Reason; In the interest of safeguarding the special character of the Grade II Listed Building in line with policy HP2 and the NPPF.

A vote was taken and the vote was carried unanimously.

Reason: The Committee’s reason for granting the Listed Building consent was that public benefit outweighed the less than substantial harm.