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Agenda item
Caple Ne Ferne, 2 Albany Road (FA)
Minutes:
Proposal:
Variation of condition 10 of Planning Permission HS/FA/13/00344 (conversion to form 8 self-contained flats) - including internal alterations
Application No:
HS/FA/14/00645
Existing Use:
Previously a residential institution (C2)
- flats currently under construction
Hastings Local Plan 2004
H4, DG1, DG2, DG3, C1, C3, C7, C8
Conservation Area:
Yes - Markwick Terrace
National Planning Policy Framework
Various Sections
Hastings Planning Strategy
FA2, SC1, EN1, EN3, H1, H2, T3
Development Management Plan
Proposed Submission Version:
DM1, DM3, DM4, DM6, HC1, HN1,
HN2
Public Consultation:
No letters of objection received
Referred by Ward Councillor
The Development Manager reported on an application for variation of condition 10 of planning permission HS/FA/13/00344 (conversion to form 8 self-contained flats) – including internal alterations including the addition of more bedrooms at Caple Ne Ferne, 2 Albany Road, St. Leonards on Sea.
The corresponding listed building application has been submitted (HS/LB/14/00644). Minute 55.3.
The site consists of a large detached building and parking area set within a large garden area. The building ranges from mainly two to three storeys, but includes a central four storey section with a balcony at third floor level. The original portion of the building (southern section) was built in the late 1800s and the northern section is a three storey addition. The site occupies a corner plot screened by mature trees and hedges. Adjoining the site are residential properties, Nos 38-40 Pevensey Road to the north and north east, 8 Albany Road and four dwellings at Caple gardens to the north east. The wider area is predominantly residential, dominated by semi-detached dwellings some of which have been divided into flats. The area forms part of the Markwick Terrace Conservation Area.
In 2013 planning permission and listed building consent were obtained for the change of use of the north house to 8 self-contained flats (HS/LB/13/00343 & HS/FA/13/00344). Recently works commenced on the approved scheme and applications were made for alterations to the approved layout (HS/FA/14/00335 & HS/LB/14/00383). Following a site visit by the Case Officer and the Council’s conservation consultant they considered the proposed works were unacceptable and the applications were withdrawn. They also identified that a number of the works proposed had already been completed and that others had taken place without the grant of listed building consent or planning permission. The Planning Enforcement Team are investigating the unlawful breaches.
This application sought consent to regularize a number of the breaches and proposed a number of new alterations to the building.
The main considerations of this application were the intensification of use, the quality of the living environment and the impact of the proposal on the historic character and appearance of the Grade II listed building. The Development Manager recommended the application be refused because of the unacceptable harm on the historic character and appearance of the listed building. Furthermore, the scheme would erode the property’s significance as a heritage asset and was therefore contrary to the requirements of the NPPF.
The Human Rights considerations had been taken into account fully in balancing the planning issues.
A late statement had been received from the applicant since the publication of the agenda. This was circulated prior to the start of the meeting.
Councillor Dowlingproposed a motion to refuse planning permission as set out in the resolution below. This was seconded by Councillor Roberts.
RESOLVED – by(8 votes to 1, with 1 abstention) that planning permission be refused subject to the following reason:-
1.
The proposal will result in alterations to the layout of the building and the loss or obstruction of important architectural and historic features. The proposal would therefore cause substantial harm to the historic and architectural character of this Grade II Listed Building. The public benefit of the proposal is considered to be minimal and does not outweigh the level of harm caused by the proposal. The proposal is contrary to guidance in the NPPF with particular reference to paragraph 132; and to Policy C3 parts (a), (b), (c) & (d) of the Hastings Local Plan 2004, Policy EN1 of the Hastings Planning Strategy 2011-2028, and Policy HN1 of the Hastings Development Management Plan - Revised Proposed Submission Version 2014, which state:
NPPF Paragraph 132:
‘When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional.'
POLICY C3 - Development Involving Listed Buildings:
Planning permission for development involving proposals to extend or alter a listed building will only be granted if all the following criteria are met:-
(a) It is appropriate in design, scale, materials and colour to the form of the building;
(b) It will not detract from the special architectural or historic character and appearance of the building;
(c) It does not involve changing the use of a listed building to one which would adversely affect the special architectural or historic value, or its setting, unless the existing use can be proved to be no longer practicable;
(d) It does not involve externally or internally altering a listed building in a way which would adversely affect its special architectural or historic character;...
Planning permission will be refused for applications affecting listed buildings if sufficient information is not provided to allow a full assessment of a proposal to be made.
POLICY EN1: Built and Historic Environment:
To promote understanding and appreciation of the historic environment the Council will, within three years from the adoption of the Development Management Plan, develop a historic environment strategy for the conservation of the historic environment, including those heritage assets identified as being most at risk through neglect, decay or other threats. This will reinforce the historic environment record for the borough, a key information source in assessing the impact of future development on the historic environment.
Importance will be placed on new development making a positive contribution to the quality, character, local distinctiveness and sense of place of historic buildings and areas.
Particular care will be given to protecting the significance and setting of the following heritage assets:
a) Listed buildings;
b) Conservation areas;
c) locally listed heritage assets
d) historic parks and gardens;
e) scheduled monument sites; and
f) areas of archaeological potential and known archaeological find sites
There is a presumption in favour of the conservation of heritage assets and their settings. The more important the asset, the greater the weight that will be given to the need to conserve it. As heritage assets are irreplaceable, any harm or loss will require clear and convincing justification.
Development which sustains and enhances the significance of heritage assets and/or their setting will be encouraged. The Council will look for opportunities to enhance or better reveal the significance of the designated heritage assets, such as listed buildings and Conservation Areas, in the town. Investment in the appropriate repair and restoration of heritage assets, where works will enhance their significance, will be encouraged and supported by the Council.
There are many areas of the Borough where there is high archaeological potential, but where the extent of the likely finds is, as of yet, unknown. Great care needs to be taken to protect this archaeological resource through the planning process.
Detailed design policies to protect the town’s heritage assets will be set out in the Development Management Plan.
Policy HN1 – Development Affecting the Significance and Setting of Designated Heritage Assets (including Conservation Areas):
Applications that have the potential to impact upon the significance of designated heritage assets (including conservation areas) will be assessed against the following criteria, to ensure that the proposed development sustains and enhances the significance of the heritage asset:
a) The historic context, street patterns, plot layouts and boundary treatments, green space and landscaping, site levels, block sizes, siting, scale, height, massing, appearance, materials and finishes in relation to the heritage assets.
b) Good performance against nationally recognised best practice guidance on development in relation to heritage assets, including building in context, setting and views, architectural quality and local distinctiveness.
Permission will be given for those schemes that show a full understanding of the significance of the asset and convincingly demonstrate how their chosen design sustains and enhances the significance of any heritage assets affected (including conservation areas).
The topography of Hastings means that the Council will give consideration to the impact of development on the setting of heritage assets, including the impact upon more distant views and from across the other sides of the valleys. The Council encourages proposals that sustain or enhance the setting of heritage assets.
Consideration will also be given to the impact of new development on the setting of the Hastings and St. Leonards seafront, almost all of which is covered by conservation area designation. This area currently enjoys relatively unimpeded long views, which are a key element of area character.
This policy is written for designated assets. However, non-designated heritage assets of archaeological interest that are demonstrably of equivalent significance to scheduled monuments (given the results of a Historic Environment Record informed study), will be treated as having at least the same level of significance as other designated heritage assets.
Note to the Applicant
1.
Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework.
Supporting documents:
- Caple Ne Ferne, 2 Albany Road (FA), item 63e PDF 96 KB
- MAP - Caple Ne Ferne (FA), item 63e PDF 353 KB
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