20/501029/FULL - RESTORATION OF LEN HOUSE AND ASSOCIATED NEW BUILD WORKS TO PROVIDE A MIXED-USE DEVELOPMENT COMPRISING: (I) RETENTION WITH ALTERATIONS AND CHANGE OF USE OF LEN HOUSE TO PROVIDE 3,612 SQM (GIA) FLEXIBLE COMMERCIAL FLOORSPACE (A1/A2/A3/A4/A5/B1A/D1/D2) AT GROUND FLOOR, 18 NO. RESIDENTIAL APARTMENTS (C3) AT FIRST FLOOR LEVEL, TOGETHER WITH ANCILLARY CAR PARKING. (II) ERECTION OF PART REAR FIRST FLOOR AND TWO STOREY ROOF EXTENSION TO PROVIDE 62 NO. NEW RESIDENTIAL APARTMENTS, WITH ROOFTOP AMENITY SPACE. (III) CONSTRUCTION OF TWO NEW BUILDINGS OF UP TO 5-STOREYS TO PROVIDE 79 NO. RESIDENTIAL APARTMENTS (C3) WITH AMENITY SPACE. (IV) PROVISION OF ASSOCIATED CAR PARKING, OPEN SPACE, EARTHWORKS INCLUDING DEMOLITION OF HARDSTANDING AND STRUCTURES, AND NEW BOARDWALK TO NORTH SIDE, AND RE-UTILISATION OF EXISTING VEHICULAR ACCESS POINTS FROM MILL STREET AND PALACE AVENUE

20/501030/LBC - LISTED BUILDING CONSENT FOR RESTORATION OF LEN HOUSE AND ASSOCIATED NEW BUILD WORKS TO PROVIDE A MIXED-USE DEVELOPMENT COMPRISING: (I) RETENTION WITH ALTERATIONS AND CHANGE OF USE OF LEN HOUSE TO PROVIDE 3,612 SQM (GIA) FLEXIBLE COMMERCIAL FLOORSPACE (A1/A2/A3/A4/A5/B1A/D1/D2) AT GROUND FLOOR, 18 NO. RESIDENTIAL APARTMENTS (C3) AT FIRST FLOOR LEVEL, TOGETHER WITH ANCILLARY CAR PARKING. (II) ERECTION OF PART REAR FIRST FLOOR AND TWO STOREY ROOF EXTENSION TO PROVIDE 62 NO. NEW RESIDENTIAL APARTMENTS, WITH ROOFTOP AMENITY SPACE. (III) NEW BOARDWALK TO NORTH SIDE

The Committee considered the report of the Head of Planning and Development.

In presenting the applications, the Major Projects Manager advised the Committee that:

·  With regard to application 20/501029/FULL, he wished to add two standard conditions (Time Limit and List of Approved Plans). 

·  He was seeking delegated powers to amend conditions 6 and 26 which referred to the uses that will be permitted in the commercial space to reflect changes to the Use Classes Order announced by the Government.  This would also necessitate changes to the descriptions of applications 20/501029/FULL and 20/501030/LBC.

·  With regard to the relationship of the development to the surrounding food and drink and entertainment venues, there was a planning principle known as the “Agent of Change” where, as established in the NPPF, the Planning Authority had to consider when introducing residential uses to commercial neighbours the potential to adequately mitigate the impact of those commercial uses in terms of potential noise and activity.

·  The neighbouring operators had raised a number of concerns regarding the potential for objections from new residents within the development itself about noise and the impact that might have on their operating licences, opening hours and viability of their businesses.

·  The Officers considered these uses to make an important contribution to the town centre economy and did not wish to see an adverse impact on their future trading.

·  Members had asked for clarification in terms of when the noise surveys had been carried out because most of the businesses had been in lockdown for much of the first half of the year.

·  Noise surveys were carried out in December 2019 in the two weeks running up to Christmas.  Whilst that had been a busy time for these establishments, a number of operators had emphasised that their open terraces were not necessarily open at that time of year but it was known that others were.

·  The Officers considered that having regard to the noise modelling that had been submitted to date, it would be possible to remodel the impact of the non-open uses using the data available from those that were open or alternatively as part of submissions pursuant to the condition, the Council could ask for further surveys to be carried out as part of the mitigation scheme because the venues were now open.

·  The Officers were recommending a pre-commencement condition that required a mitigation scheme which had to have regard to the late night entertainment venues and the condition would have to be discharged prior to works commencing.  The condition required that the works are completed before the units are occupied and that the sound attenuation is retained in perpetuity.

The Chairman read out a statement which had been submitted by Mr Wilson on behalf of Amelia Estates Ltd and Fusion Dining, the operators of The Brenchley/Harry’s Bar and Madisons respectively, who objected to application 20/501029/FULL.

In the absence of a representative of a residents’ association/amenity group, the Chairman also read out a statement which had been submitted by Mr Baker on behalf of local residents who objected to application 20/501029/FULL. 

Mr Brett-Chaponnel addressed the Committee by video link on behalf of the applicant.

Application 20/501029/FULL

RESOLVED:  That subject to:

A.  The applicant entering into a S106 unilateral undertaking in such terms as the Head of Legal Partnership may advise to secure (i) the transfer of the section of the culverted River Len to the Council in order for it to progress a daylighting scheme for the River and (ii) a contribution of £80,000 towards the cost of the implementation of the scheme; AND

B.  The conditions set out in the report, as amended/added to by the Major Projects Manager in his presentation, with:

  The amendment of original condition 27 (Boardwalk) to reflect Members’ concerns regarding the balustrade (design and materials including the floating element), lighting, ecological impact and uses;

  An additional condition requiring the submission of details of how matters such as litter and disturbance in relation to the Mill Pond will be managed;

  The amendment of original condition 29 (Lighting Strategy) to include reference to the “daylighted” section of the River Len;

  The amendment of original condition 15 (EV Charging) to set the minimum percentage of electric vehicle charging points at a high level;

  The amendment of original condition 6 (Commercial Uses) to reflect the type of food and drink uses that the Council would not consider appropriate;

  The amendment of original conditions 18 and 19 (Landscape Planting Schemes) to clarify that the landscape schemes shall comprise native species; and

  The amendment of original condition 21 (Ecological Enhancements) to reflect Members’ concerns regarding the need for additional aquatic planting,

the Head of Planning and Development be given delegated powers to grant permission and to be able to settle or amend any necessary Heads of Terms in line with the matters set out in the recommendation and as resolved by the Planning Committee and to finalise the wording of the amended and additional conditions in consultation with Councillors English and Harwood and amend any other conditions as a consequence.

Voting:  13 – For  0 – Against  0 – Abstentions

Application 20/501030/LBC

RESOLVED:

1.  That Listed Building Consent be granted subject to the conditions set out in the report with the amendment of condition 8 (Historic Archive) to clarify that English Heritage is now known as Historic England and to require a photographic record to be kept of the works during the restoration process.

2.  That the Head of Planning and Development be given delegated powers to finalise the wording of the amended condition.

Voting:  12 – For  0 – Against  0 – Abstentions

Note: Councillor Chappell-Tay did not participate in the voting on this item due to connectivity issues.