Agenda item

Report of the Assistant Director – Planning – Community Development Services.

The Assistant Director Planning – Community Development Services sought determination of an application for the retrospective change of use of a public house (sui generis use) to a bed and breakfast and mixed-use events venue (sui generis use) at The Kings Arms, Marsh Lane, Beal, DN14 0SL.

The Senior Planning Officer highlighted that the application had been before Members in January 2024, when the item had been deferred due to Members concerns in relation to potential noise disturbance and the use of the building.

Members heard that additional information on the residential writer’s retreat events had been provided by the applicant, and the Council’s Environmental Health team had confirmed that no complaints had been received for the premises.  The Licensing Team had given advice in relation to the details of the applicants current Premises Licence and the specified opening hours contained therein and confirmed that the site would be controlled through the existing licence.

The Officer explained that the majority of written objections which had been received by the planning authority in response to the planning application, related specifically to the public right of way (PROW) and the unauthorised closure of the footpath which runs through the site, however this was not a material consideration for this planning application.

Bernard McGuinn spoke on behalf of the Beal Resident’s Group objecting to the

application.

The Democratic Services Officer read out a submission on behalf of the applicant in support of the application.

During consideration of the above application, the Committee discussed the

following issues:-

·        Members queried if the separate application for the extinguishment of the PROW under section 257 of the Town and Country Planning Act had been submitted.  The Officer confirmed that the formal order to make a diversion to the footpath, rather than extinguish the footpath across the car park, had been made and published, with a period of consultation to be undertaken by the PROW team.

·        It was queried if an application for the fence had been submitted, and if so, would the application come to Committee for consideration.  It was confirmed that a valid application had not been received to date and that the application would not, by the nature of it, come to committee unless a request for referral was received from the Division Councillor.

·        As the change of use of the premises had already taken place, and events had been held at the premises, Members asked for confirmation that the Environmental Health team had not received any form of complaint from local residents.

·        Members expressed frustration regarding the application but appreciated that they, as a Planning Committee, could only deal with the planning application in front of them and therefore, had no material reason to refuse.  There was an expectation from Members that Officers would scrutinise the applications for the fence and the PROW prior to granting the applications. 

The decision:-

That planning permission be GRANTED subject to the conditions listed in section 12 of the Committee report.

Voting record:-

A vote was taken, and the motion was carried with 6 votes for, and I abstention.

As per their earlier declaration, Councillor’s Packham and Jordan left the meeting at this point and did not return.