Decision details

2.2017.0385 - Hybrid application for full conversion of Ellenbank Hotel into 16 flats and outline permission for 5no. dwellings as detailed (access and layout) - Resubmission of 2/2016/0461. - Ellenbank Hotel, Birkby, Maryport,

Decision Maker: Development Panel

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Link to website: https://planning.allerdale.gov.uk/portal/servlets/ApplicationSearchServlet?PKID=161752

Decisions:

Representations

 

The agent Anthea Jones spoke in support of the application.

 

Application

 

The report recommended granting permission subject to conditions.

 

The report outlined the application and detailed the main issues within the report as follows:

 

  • Principle of development

 

There was policy support in principle for both the conversion of the existing building and enabling development, where it was demonstrated that this would be the most appropriate way to secure the future of a heritage asset and where the benefits of such would outweigh any adverse impacts in respect to sustainability.

 

The Ellenbank Hotel had both aesthetic and community value sufficient to be considered a non-designated heritage asset.

 

Sufficient marketing information had been put forward to justify that the existing hotel use could not be sustained.

 

Sufficient financial information had been put forward to demonstrate that the level of enabling development put forward (five dwellings) was the minimum necessary to make the development viable.

 

The benefits of securing a future use for this non-designated heritage asset were considered to outweigh any adverse impacts.

 

·  Sustainability, Access and Parking

 

Albeit the site had relatively good access to a regular bus route and cycle routes were accessible, pedestrians (and cyclists to some extent) were likely to be discouraged by the busy A596, the need to cross this busy road to gain access to the pedestrian footpath, a lack of street lighting for a stretch of 400m and the distance to most services and facilities approaching 2km (some of which are uphill). As such, it was considered that future residents of the development are likely to rely heavily on the use of the private car. As such, whilst the site was not considered to be entirely unsustainable, the development was unlikely to reduce the need to travel by private car, contrary to Policy S22.

 

The Local Highways Authority had raised no objections to the continued use of the existing access subject to conditions to ensure visibility splays, an extended footpath to the bus stop and a crossing island for the A596.

 

Parking provision within the scheme was acceptable. 

 

·  Impact on heritage assets

 

Historic England were satisfied that the proposal would not adversely impact on the Outstanding Universal Value of the Hadrian’s Wall World Heritage Site.

 

The site was not within close proximity to any listed building and was not within a Conservation Area.

 

The proposal would retain the architectural interest of the host building. There would be some further erosion of the setting of this non-designated heritage asset through the construction of the five dwellings within its grounds.

 

·  Loss of trees

 

The proposal would result in the loss of 13 trees, most of which were unclassified, one tree was category C. Whilst the number of trees was significant, the impact on the character of the area would be minimal given the extent of trees on site. At the site visit, it was clear that new tree planting had been undertaken and therefore no mitigation planting was considered necessary.

 

·  Protected Species

 

Survey information suggests that the main building had been used by bats as a small roost. The submitted survey suggests that the roost could be avoided during the conversion. The recommendations of the Bat Survey would be secured by condition.

 

·  Affordable Housing

 

Whilst the proposal exceeded the threshold for the provision of an element of affordable housing, such provision would impact on the viability of the scheme and would ultimately require further enabling development. The benefits of seeking affordable housing provision as part of the scheme were not considered to outweigh the harm of further enabling development, outside of the settlement within an unsustainable location. Therefore no affordable housing provision had been sought by Officers.

 

Members noted the representations received in respect of the application, the main grounds of which were set out in the report.

 

Following member discussion, and the questions raised to the speakers, having concurred with the weighting of policy and material considerations detailed in the report, Councillor M Grainger moved that the application be approved as per the officer’s recommendation. This was seconded by Councillor T Annison.

 

A vote was taken on the motion for approval as per the officer’s recommendation, 11 voted in favour. The motion was carried.

 

Resolution

 

Permission granted subject to conditions.

 

Conditions/Reasons

 

 

Time limit for the full planning permission for the conversion of the existing hotel to 16 flats:

 

1.  The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

 

 

Time limit/submission of reserved matters for the outline application for five dwellings:

 

2.  Before any development commences details of the landscaping of the site (hereinafter called 'reserved matters') shall be submitted to and approved by the Local Planning Authority.

Reason: The application has been submitted as an outline application, in accordance with the provisions of the details of the Town and Country Planning (Development Management Procedure) Order 2015.

 

3.  The submission of all reserved matters applications shall be made no later than the expiration of 3 years beginning with the date of this permission and the development shall begin no later than whichever is the later of the following dates:

(a) The expiration of 3 years from the date of the grant of this permission, or

(b) The expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: In order to comply with Sections 91 and 92 of the Town and Country Planning Act 1990.

 

 

Pre-commencement conditions

 

4.  No development shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include the following:

(a) Traffic Management Plan to include all traffic associated with the development, including site and staff traffic, off site parking, turning and compound areas;

(b) Procedure to monitor and mitigate noise and vibration from the construction and demolition and to monitor any properties at risk of damage from vibration, as well as taking into account noise from vehicles, deliveries. All measurements should make reference to BS7445.

(c) Mitigation measures to reduce adverse impacts on residential properties from construction compounds including visual impact, noise, and light pollution.

(d) A written procedure for dealing with complaints regarding the construction or demolition;

(e) Measures to control the emissions of dust and dirt during construction and demolition (including any wheel washing facilities);

(f) Programme of work for Demolition and Construction phase;

(g) Hours of working and deliveries;

(h) Details of lighting to be used on site.

(i) Highway signage / Haulage routes

The approved statement shall be adhered to throughout the duration of the development.

Reason: In the interests of safeguarding the amenity of the occupiers of neighbouring properties during the construction works of the development hereby approved, in compliance with the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and in the interests of highway safety.

 

5.  Prior to the commencement of works, details of the disposal of surface water drainage from the site (including attenuation measures), shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall set out arrangements for ongoing management and maintenance of the drainage system over the lifetime of the development. The approved surface water drainage scheme shall be fully implemented before any part of the development is brought into use and shall be managed and maintained thereafter in accordance with the approved details.

Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding, in compliance with the National Planning Policy Framework and Policy S29 of the Allerdale Local Plan, Part 1, 2014.

 

6.  No development shall commence until full details and cross sections demonstrating any re-profiling of ground levels and any retaining structures across the site (including details of the external finish to the retaining structures) have been submitted to and approved in writing by the Local Planning Authority. The development shall be completed only in accordance with the approved details.

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area, in compliance with the National Planning Policy Framework and Policy S4 of Allerdale Local Plan (Part 1) Adopted July 2014.

 

7.  No development shall commence until a phasing of works schedule has been submitted to the Local Planning Authority for approval in writing. Unless otherwise agreed in writing by the Local Planning Authority through submission of the schedule, the phasing of works schedule shall specify that all necessary works to convert the existing hotel to flats shall be completed before development commences on the construction of the third, fourth or fifth dwelling houses hereby approved above ground floor level. The development shall only be completed in accordance with the approved phasing of works schedule.

Reason: To ensure that the conversion of the existing hotel is secured before the completion of all enabling development in accordance with Policy S3 of the Allerdale Local Plan Part 1.

 

 

Accordance with approved details

 

8.  The development hereby permitted shall be carried out solely in accordance with the following plans:

Amended Dwg 04102 Rev 14 Proposed Site Plan 5 no detached units submitted 29-5-18

Amended Dwg 04203 Rev 06 Proposed Type A1A Dwelling submitted 29-5-18

Amended Dwg 04205 Rev 04 Proposed Type A2A Dwelling submitted 29-5-18

Amended Dwg 04206 Rev 06 Proposed Type A3 Dwelling submitted 29-5-18

Amended Dwg 05100 Rev 03 Sectional Elevation of Proposed New Houses submitted 29-5-18

Amended Drawing 34001 03 Balcony Details submitted 18.1.18

Amended Drawing 05002 04 Elevations submitted 2 18.1.18

Amended Drawing Window details submitted 18.1.18

Amended Drawing Railings submitted 18.1.18

Amended Drawing 05001 03 Elevations submitted 18.1.18

Amended Drawing 04012 03 Proposed ground floor hotel submitted 18.1.18

Amended Drawing 04011 03 Proposed ground floor annex submitted 18.1.18

Amended Drawing 04006 01 Basement plan submitted 18.1.18

Amended Drawing 04001 06 Proposed ground floor plans submitted 18.1.18

Dwg 04017 Rev 01 - Proposed third floor - function room

Dwg 04015 Rev 01 - Proposed second floor - function room

Dwg 04013 Rev 01 - Proposed first floor function room

Dwg 04003 Rev 04 - Proposed second floor

Dwg 04002 Rev 04 - Proposed first floor

Dwg 01005 Rev 02 - Location plan

Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

 

 

Post commencement/Pre – start conditions for certain elements:

 

9.  No part of the development hereby permitted shall be constructed above ground floor level until details and representative samples of all hard surfaces, external and roofing materials have been submitted to and approved by the Local Planning Authority. The development shall be constructed in accordance with the approved details.

Reason: To ensure a satisfactory standard of development for the external appearance of the approved scheme which is compatible with the character of the surrounding area, in compliance with the National Planning Policy Framework and Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

10. Before any part of the development hereby approved is constructed above ground floor level, a plan shall be submitted to the Local Planning Authority indicating details of all new door and window openings to the north east facing elevation of the existing building, including the basement flat within the former hotel. The details shall include cross sections of glazing bars, to a scale of not less than 1:20. The works shall be implemented solely in accordance with the approved door and window details.

Reason: To ensure that the external appearance of the building / structure is acceptable, in compliance with the National Planning Policy Framework and Policy DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

11.  Foul and surface water shall be drained on separate systems.

Reason: To secure proper drainage and to manage the risk of flooding and pollution in accordance with policies S29 and S36 of the Allerdale Local Plan Part 1.

 

12. No works for the installation of the private treatment plant for foul

drainage shall commence until the siting of the private treatment plant has been submitted to the Local Planning Authority for approval in writing. The development shall be completed only in accordance with the approved details.

Reason: To ensure that the development is completed in a manner that minimises damage to existing trees, in accordance with Policy DM17 of the Allerdale Local Plan Part 1.

 

13. Before any part of the conversion of the hotel commences, a

scheme of sound proofing showing measures to deal with sound insulation of floors and ceilings between the various floors of the building shall be submitted to and approved in writing by the local planning authority. The approved measures shall be implemented prior to the occupation of any part of the converted hotel.

Reason: To ensure an appropriate standard of residential amenity for future occupiers in accordance with Policy S32 of the Allerdale Local Plan Part 1.

 

14. All works to trees shall be undertaken in accordance with the recommendations contained within the submitted Tree Report prepared by Planning Branch Ltd, dated July 2017 (Revised) and shall include the submission to the Local Planning Authority of a method statement detailing any works proposed within or adjacent to the Root Protection Area of any retained tree for approval in writing. The method statement shall include the method of construction and types of materials to be used, and the location of protective fencing. All works to trees shall be undertaken in accordance with British Standard 5837, 2012: Trees in Relation to Construction.

Reason: To minimise any damage or disturbance to those trees to be retained, in accordance with Policy DM17 of the Allerdale Local Plan Part 1 2014.

 

15. The development shall be undertaken in accordance with the recommendations contained within the submitted Phase 1 Habitat Survey and the Updated Bat Survey received 22nd August 2018, prepared by Envirotech.

Reason: In order to ensure that protected species are adequately considered during the conversion of the buildings, in accordance with policy S35 of the Allerdale Local Plan.

 

 

Before Occupation conditions:

 

16. Notwithstanding the submitted plans, details of the siting, height and type of all means of enclosure (including boundary treatment and bin store) shall be submitted to and approved by the Local Planning Authority prior to the occupation of any flats/dwelling(s). Any such means of enclosure shall be constructed as approved prior to the development being brought into use. All means of enclosure so constructed shall be retained and no part thereof shall be removed without the prior consent of the Local Planning Authority.

Reason: To ensure a satisfactory standard of development which is compatible with the character of the surrounding area and safeguard the amenity of neighbouring properties.

 

17. Prior to the occupation of the development, a detailed lighting scheme shall be submitted to the Local Planning Authority for approval. The lighting scheme shall be accompanied by a lighting impact assessment undertaken by a suitably qualified engineer and shall include consideration of wildlife. The lighting scheme shall include for approval the hours of operation and levels of illumination. The approved lighting scheme shall be adhered to at all times during the operational phase of the development.

Reason: To safeguard the visual amenity of the locality and to ensure that ecological interests are appropriately protected, in compliance with the National Planning Policy Framework and Policies S32 and S35 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

18. Prior to the occupation of the dwellings (flats or houses) hereby approved, a 1.8m footway shall be provided extending from the existing access to the bus stop along the A596 heading towards Birkby.  The footway shall be constructed in accordance with details submitted to and approved in writing by the Local Planning Authority before construction of the footway commences.

Reason: To ensure satisfactory facilities for pedestrians in the interests of highway safety and in accordance with policies S5 and S22 of the Allerdale Local Plan 2014.

 

19. Prior to the occupation of the dwellings (flats or houses) hereby approved, a crossing point over the A596 to the bus stop on the opposite side of the road shall be provided in accordance with details that have been submitted to and approved in writing by the Local Planning Authority before construction of the crossing point commences. The location of the crossing point shall be informed by a Stage 1 Road Safety Audit.

Reason: To ensure satisfactory facilities for pedestrians in the interests of highway safety and in accordance with policies S5 and S22 of the Allerdale Local Plan 2014.

 

20. Flat 1 of the hotel conversion hereby approved shall not be occupied until the detail and extent of obscure glazing to bedroom 1 and bedroom 2 has been submitted to and approved in writing by the Local Planning Authority and the obscure glazing has been installed as approved.

Reason: To ensure an appropriate standard of residential amenity in accordance with Policy S32 of the Allerdale Local Plan Part 1.

 

21. A landscaping management plan including management responsibilities and maintenance schedules for all landscape areas, other than small privately owned domestic gardens, shall be submitted to and approved by the Local Planning Authority prior to the occupation of any flats or dwelling houses hereby approved.  The development shall thereafter be maintained at all times in accordance with the approved management plan.

Reason: To ensure the long term maintenance and management of public open space within the residential estate.

 

22. The development shall not be brought into use until visibility splays providing clear visibility of 2.4 metres x 215 metres towards Birkby and 2.4m x 160m towards Maryport measured down the centre of the access road and the nearside channel line of the major road have been provided at the junction of the access road with the county highway. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any Order revoking and re-enacting that Order) relating to permitted development, no structure, or object of any kind shall be erected or placed and no trees, bushes or other plants which exceed 1m in height shall be planted or be permitted to grow within the visibility splay which obstruct the visibility splays.

Reason: To ensure an acceptable standard of highway access during the construction and operational use of the site, in compliance with the National Planning Policy Framework and Policy S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

 

 

Post construction conditions:

 

23. All planting, seeding or turfing comprised within the subsequently approved landscaping scheme (reserved matter) shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

 

Report author: Sara Brook

Publication date: 17/10/2018

Date of decision: 16/10/2018

Decided at meeting: 16/10/2018 - Development Panel

Accompanying Documents: