APPLICATION NO

	APPLICATION NO.	P21/V3542/FUL
	SITE	3 Cornmarket Faringdon, SN7 7HG
	PARISH	GREAT FARINGDON
	PROPOSAL	Change of use of Red Lion Public House, to mixed use development of Use Class E on ground floor and Use Class C3 on first, plus associated minor external alterations to window / door positions and external landscaping. (Viability report received 03.02.22) (Amended plans received 22.06.22 and 29.06.22)
	WARD MEMBER(S)	David Grant Bethia Thomas
	APPLICANT	Swanee River Ltd
	OFFICER	Susannah Mangion

	RECOMMENDATION
	Planning permission subject to the following conditions: Standard: 1. Commencement 3 years - Full Planning Permission 2. Approved Plans Prior to commencement 3. Details of thermal and acoustic insultation 4. Schedule of interior repairs, alterations and materials 5. Landscaping submission of details Prior to use 6. Odour control 7. Plant and extraction 8. Bin store 9. Cycle parking Compliance 10. Joinery details 11. Works to match existing 12. Landscaping implementation
1.0		INTRODUCTION AND PROPOSAL
1.1		This application has been called to committee by the Planning Manager due to the presence of Council owned land at the rear (Southampton Street car park). The site of this application is the Red Lion public house, a grade II listed building dating from C17th and which is mentioned in the Thomas Hughes novel, ‘Tom Brown’s School Days’. The site lies in the Faringdon Conservation Area and occupies a corner location on Cornmarket and Brewery Passage. Part of the garden of the former Red Lion site is excluded from the current application and forms part of application for the former Budgens site (3-7 Marlborough Street) ref. P21/V3520/FUL which is currently under consideration. However, the current proposal would retain part of the external area.
1.2		The site lies within the historic core of Faringdon and there are a number of other listed buildings in the vicinity, including the Corn Exchange (Old Council Chambers) to the north west of the site and the Old Town Hall in the Market Place which is grade II* listed. To the east and north are a number of listed buildings on Cornmarket including 1,2 and 8-10 Cornmarket.
1.3		The Red Lion PH has been vacant since February 2020 when it last operated as a pub with three B&B letting bedrooms above.
1.4		This application seeks planning permission for a change of use of the premises to a mixed use development. The proposal involves the provision of two commercial units at ground floor comprising an office unit and a café/bakery with external seating space, and the creation of residential accommodation comprising two 2-bedroom flats at first floor level which would be served by a new external access. No off-road car parking provision is associated with the proposed development but cycle storage is proposed.
1.5		The location plan is below and the application plans are attached at Appendix 1.
1.6		The application has been subject to re-consultation on the viability assessment received on 3 February 2022 and further to amended plans to address Conservation concerns and to provide additional information in respect of bin and cycle storage.

2.0

SUMMARY OF CONSULTATIONS & REPRESENTATIONS

The full version of all comments received is on the planning application pages
of the council’s website, www.whitehorsedc.gov.uk

2.1

	Original	Amendment
Great Faringdon Town Council-	No objection.	No further comments.
Conservation Officer	An amendment should be secured to retain door to Brewery Passage. No objection in principle.	No objection, subject to conditions.
Countryside Officer	No observations.	Not consulted
Drainage Engineer	No objection.	Not consulted
County Highways Officer	Objection: insufficient information regarding waste storage and cycle storage.	No objection, subject to conditions.
Environmental Protection Officer	No objection subject to condition.	Not consulted
Waste Management Officer	Additional information required regarding proposed bin storage.	No objection.
County Archaeologist	No objection.	Not consulted
Local Residents	Three responses were received making the following points: · Faringdon has sufficient cafes – additional cafes may impact viability of the existing businesses. · The Red Lion was the only town centre pub with a secure garden suitable for families · Would like to see solar panels be considered and the refurbishment of the footway outside the site.	No comments received

3.0	RELEVANT PLANNING HISTORY
3.1	P07/V0407/A - Approved (21/09/2007) Display of new signage P06/V1191/LB - Approved (12/09/2006) Internal structural alterations, minor demolition and new walls, new steel external stairs. P06/V1190 - Approved (12/09/2006) Internal alterations, demolition of some internal walls, formation of new walls, new raised floor to ground floor, new steel stair access, new floor and doors to undercroft. Demolition and rebuilding of external walls to first floor area and formation of 3 new letting bedrooms. P05/V0890/LB - Approved (09/08/2005) Refurbishment of landlords accommodation involving replacement of existing light weight room partition with new timber partition, boarding over existing windows to central void, forming new opening in existing partition wall, replacement of several internal doors and boarding over existing door to a second floor roof space.
3.2	Pre-application History P21/V1702/PEM - Advice was provided on 26 July 2021 regarding the proposed change of use of the Red Lion Public House, to mixed use development of Use Class E on ground floor and Use Class C3 on first plus associated minor external alterations to window and door positions and landscaping. Details were available to view in association with the current planning application on the council’s website, www.whitehorsedc.gov.uk .
4.0	ENVIRONMENTAL IMPACT ASSESSMENT
4.1	The development is neither of sufficient scale, nor on the type of site, that would require an EIA.
5.0	MAIN ISSUES
5.1	Principle of the Proposal The site lies within the established built limits of Faringdon, which is defined as a Market Town under policy CP3 of LPP1. Faringdon has relatively good access to services, facilities and public transport links and in accordance with policy CP4 of LPP1, there is a presumption in favour of sustainable development within the existing built up areas of the Market Towns unless material considerations indicate otherwise. Paragraph 86 of the NPPF recognises the contribution that residential development can play in ensuring the vitality of town centres.
5.2	The proposed mixed scheme for two commercial units at ground floor and two residential units above, accords with principles for new housing.
5.3	Viability In accordance with policy 4.4E of Faringdon Neighbourhood Plan and policy DP9 of LPP2, the conversion of public houses will not be supported without evidence that it is not economically viable, that all efforts have been made to sell the property at a realistic price, that it is no longer required to meet community needs, and that there is no reasonable likelihood or a suitable alternative facility of benefit to the community making use of the building.
5.4	The application was accompanied by a viability report undertaken by a chartered surveyor. Officers are not aware of any information that would dispute the conclusions of the report. Having regard to all the information submitted, officers conclude that the public house is not viable having regard to local competition and a history of poor trading figures and that it was adequately marketed.
5.5	There are a number of other public houses and licensed competition within Faringdon to serve the general community need and the proposed scheme includes commercial units at ground floor which, when occupied, will provide benefit to the town centre in encouraging footfall to the area and support the vitality of the town.
5.6	Design and Impact on Heritage Assets Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires a local planning authority to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest which it possesses. Section 72(1) states that special attention should be paid to the desirability of preserving or enhancing the character or appearance of a conservation area.
5.7	Policy CP39 of LPP1 requires new development to preserve and where possible enhance designated heritage assets and their setting in accordance with national guidance and legislation. This includes ensuring that vacant historic buildings are re-used as soon as possible to prevent deterioration. Policy DP37 of LPP2 requires that development within a conservation area must demonstrate that it will conserve or enhance its special interest, character, setting and appearance. Policy DP38 requires that development which alters or extends a listed building must preserve or enhance its special architectural or historic interest and significance. Policy DP39 requires an application to demonstrate it will not be detrimental to the site or setting of Scheduled Monuments or to nationally important archaeological remains.
5.8	Paragraph 197 of the NPPF advises account should be taken of the desirability of putting heritage assets to viable use, consistent with their conservation and the positive contribution they can make to the community and its vitality.
5.9	Listed building and Conservation Area The Red Lion PH is of historical significance due to: • It is a good example of the 17th Century vernacular buildings within the town • It is an important part of the composition and compact street pattern that forms the character of the Conservation Area • It has important group value in its setting alongside immediate neighbouring listed properties and within the street scene, • It is constructed of traditional materials that are characteristic of the local historic vernacular. • It is mentioned in the 1857 novel by Thomas Hughes, ‘Tom Brown’s School Days’.
5.10	Some significance is attributed to the long-term use of the building as a public house. However, the conversion of the ground floor to a café/bakery business would retain an active commercial use that would maintain vitality and interest within the conservation area. The proposed office use would be neutral in impact but it would be located in the back-house area where little appreciable activity historically took place. The conversion would retain the primary layout and structural fabric but would remove modern partitions installed in 2006.
5.11	The residential conversion of the upper floors, from landlord accommodation with B&B units, which appears to have been under-utilised for some time, is considered acceptable by officers. The internal stair is not used as part of the application proposals but it would be boxed in to allow flexibility of reinstatement in future should it be required. The proposed layout predominantly follows the existing, with modern partitions dating from 2006 at the rear of the property being removed and a new partition added to form unit 2.
5.12	Externally, the existing unsightly fire escape stair would be replaced with a ‘juliette’ balcony. Access to the residential flats would be taken via a new external stair and landing from the private garden area to the south which would be less visible and beneficial in heritage terms.
5.13	In general, officers note the interest of the building has been compromised by previous alterations and accept it is in need of a viable use to secure the conservation of the building and therefore consider the change of use would better utilise available space.
5.14	An amended scheme was submitted to address concerns in respect of the removal of the plank door to the proposed office.
5.15	The Conservation Officer raised queries in respect of requirements for acoustic and thermal insulation and internal alterations. Further details are required to be submitted prior to commencement by condition.
5.16	Residential Amenity Policy DP23 of LPP2 seeks to ensure that the impact of any development proposal on the amenities of neighbours is acceptable. In the vicinity of the site, there are a mixture of uses. The proposal gives rise to limited external alterations, none of which would give rise to loss of light or visual dominance to nearby occupants. The first floor of the Red Lion was formerly used for ancillary and incidental residential accommodation and accordingly the alteration to independent residential units would not give rise to concerns in respect of loss of privacy or overlooking. No objections have been received from local residents regarding amenity impacts of the proposal.
5.17	With regard to potential noise and odour impacts from the café/bakery, the council’s Environmental Protection officer has recommended conditions requiring details of odour control and extraction plant equipment to be submitted for approval prior to first occupation.
5.18	Occupants of the residential units would not have access to private outdoor amenity space but the conversion, by making a viable use of the accommodation, would ensure the conservation of the listed building, and future occupants would have access to shared public amenity spaces in the locality.
5.19	Policy DP2 of LPP2 requires new 2-bedroom flats to accord with space standards to ensure adequate internal floor area. Proposed unit 1, which would be set across first floor and attic, would provide 118 square metres of floorspace. Proposed unit 2, which is set entirely at first floor level would provide 80 square metres of floorspace. Both units exceed minimum requirements of 79 and 70 square metres respectively and would therefore accord with policy requirements.
5.20	Traffic, parking and highway safety Policies CP35 and CP37 of LPP1 and policy DP16 of LPP2 require development to cause no harm to highway safety. Paragraphs 110 – 113 of the NPPF provide national guidance on the traffic implications of development. The County Highways Officer has carefully assessed the proposal. The site is in a highly sustainable location, within walking distance of public transport options and local car parks including Southampton Street car park to the rear of the site. In addition, there are parking controls on-street in the vicinity of the site.
5.21	Although no on-site car parking is provided as part of the proposal, this is consistent with the former Public House use and the development is suited to a car-free development. The amended scheme confirmed cycle parking would be provided to adopted standards ensuring the sustainability of the proposal with regard to transport.

5.22	Landscape Policy CP44 of LPP1 aims to ensure that important landscape features including trees are retained as part of any proposal. The site does not currently benefit from any trees. Officers consider the scheme provides general enhancements to the quality of the surroundings by rationalising and improving the available space. Details of the proposed of the landscaping will be required by condition. Part of the external area currently associated with the Red Lion site would be given over to the adjoining proposed development of the former Budgens site (P21/V3520/FUL). This would allow for the proposed re-development of the former Budgens site to be enlarged with a much more generous approach to landscaping.
5.23	Biodiversity Policy CP46 of LPP1 covers biodiversity, including protected species and biodiversity gain. The Countryside Officer has reviewed the submission and has no objection and officers consider the proposal to accord with the aims of policy CP46.
5.24	Archaeology The locality has a high potential for important archaeological remains but having regard to the small-scale proposal, there would be no archaeological constraints to the scheme.
5.25	Drainage Policy CP42 of LPP1 aims to minimise flood risk from new developments. The site lies within Flood Zone 1, at the lowest risk of flooding. The Drainage Officer has been consulted and had no objection to the proposal. As the proposal concerns only the re-use of the existing building, there are considered to be no drainage issues and no objections on drainage grounds.
5.26	Waste Management Policy DP28 of LPP2 requires acceptable measures are provided for waste management. Amended details satisfied the council’s Waste Management Officer that domestic waste from the properties would be kept separate from the commercial waste. Bin storage proposed would be adequate for the properties, and contained within an enclosed bin store with sufficient space.
5.27	CIL The proposal does not give rise to any increase in residential floorspace and, consequently, would not give rise to any CIL liability.

6.0	CONCLUSION
6.1	No.3 Cornmarket is a grade II listed building that lies within the Faringdon Conservation Area. The proposal involves alterations to the former public house to create a mixed use scheme comprising commercial uses at ground floor and residential flats above. The proposals would, on balance, have a positive impact on the heritage asset and will ensure viable uses for the currently empty listed building. The character and appearance of the conservation area would be preserved via the provision of an active commercial uses at ground floor and there is not anticipated to be any harm to archaeological remains.
6.2	There would be no harm to neighbour amenities, biodiversity or to highway safety and the quality of the surroundings would be improved by increased landscaping. Adequate waste storage provision would be made and there are no drainage implications.
6.3	The proposal is recommended for approval.

The following planning policies have been taken into account:

Vale of White Horse Local Plan 2031 Part 1 (LPP1)

A Regulation 10A review for Local Plan Part 1 (LPP1) was completed in December 2021, evaluating LPP1’s policies for their consistency with national policy, considering current evidence and any relevant changes in local circumstances. The review shows that five years on, LPP1 (together with LPP2) continues to provide a suitable framework for development in the Vale of White Horse that is in overall conformity with government policy.

CP01 - Presumption in Favour of Sustainable Development

CP03 - Settlement Hierarchy

CP04 - Meeting Our Housing Needs

CP20 - Spatial Strategy for Western Vale Sub-Area

CP32 - Retail Development and other Main Town Centre Uses

CP33 - Promoting Sustainable Transport and Accessibility

CP35 - Promoting Public Transport, Cycling and Walking

CP37 - Design and Local Distinctiveness

CP39 - The Historic Environment

CP40 - Sustainable Design and Construction

CP42 - Flood Risk

CP44 - Landscape

CP46 - Conservation and Improvement of Biodiversity

Vale of White Horse Local Plan 2031 Part 2 (LPP2)

DP02 - Space Standards

DP09 - Public Houses

DP16 - Access

DP23 - Impact of Development on Amenity

DP25 - Noise Pollution

DP28 - Waste Collection and Recycling

DP36 - Heritage Assets

DP37 - Conservation Areas

DP38 - Listed Buildings

DP39 - Archaeology and Scheduled Monuments

Faringdon Neighbourhood Plan 2016

4.4B Extending the Town Centre Retail Offer

4.4E Public Houses

4.6A Housing Balance

4.7A Materials and Roofscape

4.7B Resource Consumption

4.7C Housing Design

4.7D Secured by Design

4.7E Visual Impact

Joint South Oxfordshire and Vale of White Horse Design Guide 2022

Equality Act, 2010

The application has been assessed under Section 149 of the Equality Act. It is considered that no identified group will suffer discrimination as a result of the proposal.

Human Rights Act, 1998

The application has been assessed under the Human Rights Act, particularly Schedule 1, Part 1, Article 8 and Schedule 1, Part 2, Article 1. The objections of individuals have been weighed against the public interest and the recommendation made by officers is considered to be proportionate.