PARISH
Whitwell
__________________________________________________________________________
APPLICATION
Residential development including conversion of public house (with all
matters reserved)
LOCATION
4 High Street Whitwell Worksop S80 4QU
APPLICANT
Mr Mike Bryan 4 High Street Whitwell WorksopS80 4QU
APPLICATION NO. 14/00581/OUT
FILE NO.
CASE OFFICER
Mr Steve Phillipson
DATE RECEIVED 20th November 2014 Delegated
__________________________________________________________________________
SITE
Boot and Shoe Public House and outbuilding to rear are unlisted buildings of merit in the
conservation area. The main building makes a significant contribution to the character of the
conservation area and the High Street; much less so the outbuilding to the rear which is a
rather featureless 2 storey brick and slate building which is not readily visible from public
vantage points.
The Main PH is an attractive building fronted with render with brick pedestal bay windows and
red plain tile roof with an unusual turret design feature. The rear section is stone and pantile
which has been extended more recently with a single storey render and pantile section.
The small beer garden area and a car park to the rear is surrounded by high boundary walls
due to the change in levels.
PROPOSAL
Application for residential development including conversion of public house with all matters
reserved.
Indicative layout submitted showing possible parking layout and 2 new dwellings at the rear.
However the Agent has confirmed that the outbuilding to the rear could be converted or
extended into living accommodation to form 1 dwelling unit and envisages 3 new apartments
within the main building plus the existing one.
AMENDMENTS
HISTORY (if relevant)
98/00172/FUL Single storey extension to side approved.
CONSULTATIONS
DCC Highways:
Notes the dwellings will be served by the existing access to the pub which is 3.5m wide and
has restricted visibility on to High Street. Has concerns about potential increase in use of the
access. Seeks further information that the existing access is suitable to serve the proposed
dwellings. 15.01.15.
Parish Council:
No comments subject to conservation rules being adhered to.
Conservation Officer:
The Boot and Shoe public house (4 High St), dates from the early 18 th century and is located
within the Whitwell conservation area and is designated as an unlisted building of merit in the
Whitwell Conservation Area Appraisal and Management Plan (2008). The buildings to the
rear of the pub are also designated as unlisted buildings of merit.
It is difficult to comment on the potential impacts on the heritage assets affected as the details
submitted with the application are minimal. There is no detail with regard to how the building
would be subdivided or how many dwellings are proposed or the indicative layout of the
proposed new development. With regard to NPPF para:128, The level of detail submitted
should be proportionate to the assets’ importance and no more than is sufficient to
understand the potential impact of the proposal on their significance.
The Conservation Officer originally objected (05.02.15) as a result of these concerns.
However on 26.02.15. she confirmed that she has no objections in principle to the conversion
of the pub to residential as long as there is no significant alterations to the front and side
elevations. She requests a condition covering details affecting the exterior. With regard to
development within the car park of the pub, she advises that this is quite a small plot and she
does think that any development on this plot would potentially harm the character of the
conservation area.
DCC Archaeologist:
Has requested an archaeological evaluation. He advises that the application contains no
heritage information in line with NPPF para 128, either with regard to establishing significance
or assessing proposed impact on built heritage and below-ground archaeology.
Therefore possible to make an informed planning determination.
PUBLICITY
Advertised in the press and site notice posted. 11 properties consulted. No representations
received.
POLICY
Bolsover District Local Plan (BDLP)
GEN1 Minimum Requirements for development
GEN2 Impact of Development on the Environment
CLT1 Protection of Existing Buildings Which Serve the Community
SAC7 Local Centres and Shopping Frontages
CON1 Development in Conservation Areas
NPPF
Paragraph 131:
In determining planning applications, local planning authorities should take account of:


The desirability of sustaining and enhancing the significance of heritage assets and
putting them into viable uses consistent with their conservation
The positive contribution that conservation of heritage assets can make to sustainable
communities including their economic vitality; and
The desirability of new development making a positive contribution to local character
and distinctiveness
Paragraph 134: Where a development proposal will lead to less than substantial harm to the
significance of a designated heritage asset, this harm should be weighed against the public
benefits of the proposal, including securing its optimum viable use.
Other Material Considerations
Article 4 Direction Whitwell (25 May 1990)
Planning (Listed Buildings and Conservation Areas) Act 1990 – section 72 requires that
“special attention shall be paid to the desirability of preserving or enhancing the character
or appearance of a conservation area.”
Whitwell Conservation Area Appraisal and Management Plan (December 2008): States that
the Boot and Shoe Public House and building to rear are unlisted buildings of merit.
“The Boot and Shoe is the oldest public house in the conservation area. It has been altered
significantly since it was built in the eighteenth century and a section of the roof now has an
unusual turret design, though it resembles its earlier design in the use of bay windows.”
There is also an important view in the conservation area noted along High Street and this PH
features within in the important view.
The cast iron pump to the south of The Square dates to the nineteenth century and is Grade II
listed.
The War Memorial is an important landmark in the centre of the village.
The Historic Environment Supplementary Planning Document identifies Whitwell as a
settlement with significant potential for medieval archaeology.
ASSESSMENT
The main issues to consider with this application are principle of development and the
potential impacts on heritage assets as well as impacts on amenity and highway safety.
The Principle of Development
Policy CLT1 of the Local Plan aims to protect existing buildings which serve the community.
The policy will only allow the change of use of buildings which have a function serving the
community if either alternative provision is made or if the building is no longer required or no
longer economically viable.
Whist it might be desirable to retain the current use of this building to best preserve the
character of this central part of the village and the conservation area (see later), it is
considered that policy CLT1 does not prevent its conversion to residential use. It is
reasonable to conclude that alternative provision exists since there are still 2 other pubs, two
clubs and other buildings which can act as community meeting places within Whitwell. No
evidence has been provided to show that the existing pub use is no longer economically
viable but this is not necessary since criterion 1 of CLT 1 is satisfied.
The site is within the settlement framework and within the local shopping centre and policy
SAC7 allows residential use within this area.
Therefore provided that there are not other unacceptable impacts from the development it is
acceptable in principle.
Heritage Issues
The main building makes a significant contribution to the character of the conservation area
and the High Street and forms part of recognised important views within the conservation
area. It is also an unlisted building of merit. It is considered to be essential therefore that
planning permission is not granted for demolition of the pub. None is proposed as part of this
application. It is possible that the demolition of the modern extension to the rear (the rendered
section) would be acceptable if that were to be proposed at reserved matters stage.
The external appearance of the two main elevations (front and east side with the exception of
the newer extension to the rear) should also be protected from substantial alteration by
condition including retention of window style, barge boards, render tiles etc.
The Applicant has agreed that the proposal does not include the demolition of the outbuilding
to the rear since it also appears to be an unlisted building of merit.
Therefore provided the external appearance of the building remains substantially unchanged
it is considered that the proposal need not have a materially harmful effect on the character of
the conservation area.
Whilst the views of the Archaeologist are noted any disturbance of ground is likely to be
limited to the car park area and this has already been disturbed, levelled and surfaced in
tarmac. The potential for undisturbed below ground finds is therefore considered to be low
and further investigation can reasonably be dealt with in this case by condition.
Highway Safety
The views of the Highway Authority are noted and it is unclear what additional information
they require given that the access exists. Although detail is not submitted it is the one
currently available.
The existing access which is to be used serves a pub and it is considered that its use to
access perhaps 4 flats and one dwelling would not be a material intensification of use. In
addition the access would be used primarily by residents familiar with its shortcomings rather
than by customers to a pub. Therefore there would be no material harm to interests of
highway safety.
Off-street parking space will be required and the limited amount of space may restrict the
amount of dwelling units that can be accommodated on site.
Amenity
The conversion of the PH building is unlikely to result in any significant amenity impacts to
neighbours. If the outbuilding to the rear is converted, care will need to be taken to ensure
that there will not be any unacceptable overlooking or privacy issues arising given its elevated
position on the boundary of the site. A note to applicant can advise of this design constraint.
It may be possible to provide some shared amenity space for the flats subject to reserved
matters approval.
Other Matters
Listed Building: No significant impact on nearby listed buildings
Conservation Area: see above
Crime and Disorder: No significant impact
Equalities: No significant impact
Access for Disabled: No significant issues
Trees (Preservation and Planting): N/A
SSSI Impacts: N/A
Biodiversity: No significant issues
Human Rights: No significant issues
RECOMMENDATION
Approve
Approval of reserved matters
Start with 3 yrs or 2 yrs of RM approval
This permission does not allow the demolition of any building on site other than the single
storey modern extension to the rear (originally permitted under planning permission
98/00172/FUL) and only if demolition of this small part of the building has been authorised
under any application for approval of reserved matters.
The external appearance of the front, east side elevation and roof of the Boot and Shoe
building shall be substantially preserved as part of the conversion proposals. This shall
include retaining the type and style of windows, external wall materials, barge boards, facia
boards, lintels and cills and the colour of all external paintwork unless an alteration is
approved under any application for approval of reserved matters.
Before any works commence which involve external excavation or breaking out of the car
park a written scheme of archaeological investigation shall have been submitted to the Local
Planning Authority for approval and the approved scheme shall have been implemented and
its findings reported to the Local Planning Authority.
No new dwelling or flat shall be occupied unless and until the public house use has
permanently ceased.
Notes to Applicant
Application for approval of reserved matters will need to include adequate off-street parking
space for the proposed dwellings.
Application for approval of reserved matters will need to ensure that any proposals for the
outbuilding are designed to ensure that the amenity and privacy enjoyed at neighbouring
properties is not unacceptable harmed.
__________________________________________________________________________
Officer
S. Phillipson
Endorsing Officer
Peter Sawdon
Determining Officer
C Doy
Date
30/04/2015
Date 30/04/15
(refusals/objections/
referrals to 3rd officer)
Date 30/4/15