APPLICATION:       MA/14/0133    Date: 27 January 2014    Received: 27 January 2014

The recommendation for this application is being reported to Committee for decision because:

·         The Council owns the building to which the application relates.

1.           POLICIES

• Maidstone Borough-Wide Local Plan 2000: T13, CF3
• Government Policy: National Planning Policy Framework 2012, National Planning Policy Guidance 2014, PPS5 Planning and the Historic Environment – Practice Guide
• Other: Kent Design Guide 2009

2.      HISTORY

●  MA/14/0134          - An application for listed building consent for internal alterations to facilitate the change of use of the building to 4No. flats – CURRENTLY UNDER CONSIDERATION, REPORTED ON THE PAPERS

●  MA/93/1271          - Change of use of existing building from a mixed use for museum/offices/workshops/residential purposes to a sole use for museum purposes and internal alterations to improve means of escape - APPROVED WITH CONDITIONS

2.1    The building forms part of a complex of buildings associated with the Grade II* listed Chillington House, which houses the Maidstone Museum and Art Gallery. It is considered to be listed itself by virtue of this close relationship. Chillington House was listed in 1951. Chillington House dates from the Elizabethan period, although it has been much modified and added to, and has been open as a museum since 1858, and for much of this period as a college of art and sciences. The building to which the current application relates is believed to have been constructed in the period between 1896 and 1908 as a residence for the Principal of the college.

2.2    The building has most recently been in use for purposes associated with Maidstone Museum and Art Gallery.

2.3    The current proposal is the subject of a concurrent application for listed building consent under application reference MA/14/0134, the details of which are set out above.

3.      CONSULTATIONS

3.1    Maidstone Borough Council Conservation Officer: raises no objection to the proposed works subject to conditions requiring the submission, written approval and implementation of details of joinery. The officer makes the following detailed comments:

3.1.1 “Chillington House comprises a major 16^th Century town house which was significantly extended in various campaigns in the latter half of the 19^th Century after the museum was opened in it in 1858. It is the museum part of the building which attracts the Grade II* listing, mainly because of the 16^th century fabric.

3.1.2 In the 1890s further extensions were made to the western side of the museum to form new premises for the School of Science and Art which were opened in 1894; these are now used by the Adult Education Centre. These buildings were designed by the architects Ruck and Smith of Maidstone (Ruck had been a former pupil of the Art School); they are in the Flemish Renaissance style popular in the 1890s and together with the museum buildings form a highly attractive group of huge significance to the character and interest of the Chillington House Conservation Area, not only for their architectural merit but also for their social historical interest as representations of civic pride in the late 19^th century.

3.1.3 The building which is the subject of the current application did not form part of the first phase of building connected with the School of Science and Art, but from old Ordnance Survey map evidence was erected between 1896 and 1908. Although somewhat simpler in design, stylistically it relates well to the rest of the School of Science and Art and museum buildings. It is likely that it is also a design by Ruck and Smith (who later designed County Hall and the Police Station and Court buildings in Palace Avenue). It makes a positive contribution to the character of the Conservation Area, particularly given its projection towards the street so that it forms one side of an entrance courtyard to the Adult Education Centre.

3.1.4 The building is thought to originally have been built to provide a house for the principal of the School of Art and Design, and later it was used as a residence for the curator of the museum. Latterly it has been used as offices for museum staff. Its original residential nature is evidenced by the domestic scale of its rooms, which contain some fine fireplaces. The original staircase is also a fine feature which adds significance to the building.

3.1.5  The proposal to return the building to residential use, albeit in the form of four flats, is considered to be appropriate in listed building terms. The scheme has been designed so as to interfere as little as possible with the original room layout and retains the staircase and other notable interior features. No external changes are proposed.”

3.2    English Heritage: did not wish to comment on the application.

3.3    Kent County Council Highway Services Engineer: Raises no objection to the proposal.

3.4    A site notice was displayed at the site, and a notice published in a local newspaper.

4.      REPRESENTATIONS

4.1    No representations were received.

5.      CONSIDERATIONS

5.1    Site Description

5.1.1  The application site is located to the north of St Faith’s Street, an unclassified public highway, in the town centre of Maidstone. As set out above, the building is part of a complex of Victorian and earlier buildings associated with Chilllington House, a Grade II* listed building which houses the Maidstone Museum and Art Gallery. The complex of buildings forms the core of the Chillington House Conservation Area, together with St Faith’s Church to the north east, and the gardens themselves which are located to the north. Also within the conservation area are the mid twentieth century Kent County Council library located to the south west of the site, and the Albion Inn, a Grade II listed building located on the opposite side of the highway. The Fremlins shopping centre is located beyond the public house, further to the south east.

5.1.2  The site is located in the south west of the complex of buildings associated with Chillington House. It comprises one of the later Victorian additions to the complex, and adjoins the earlier School of Science and Art located to the rear which is currently in use by Kent County Council Adult Education Services. These two buildings share a pedestrian access from St Faiths, which is via a small courtyard area formed by the two buildings and the western elevation of Chillington House itself.

5.1.3  The building is a substantial four storey building (including basement accommodation) formed of red brick with ashlar window surrounds in keeping with the older parts of the Chillington House complex. Despite these visual cues between the various elements of the complex, the architectural style of the proposal site differs from that of the other, older buildings in being simpler and cleaner of line, omitting elements such as the stone mullions and Dutch gables which are characteristic of the older buildings. The building is externally little changed, and has retained some its most interesting internal features.

5.1.4  The building is prominent in the streetscape by virtue of its scale and proximity to the public highway, but remains subservient to the main form of Chillington House by virtue of its set back from the front boundary to the public highway, its lesser vertical proportions in respect of the room heights, and the relative grandeur of the architectural design of the different elements of the buildings.

5.2    Proposal

5.2.1  The application seeks planning permission for the conversion of the existing building from accommodation serving the museum to four self contained residential properties, one on each floor. The lower ground floor flat would have its own entrance, however the other three would be served by a shared lobby, landing and staircase area located in the north west corner of the building. The proposal would result in the creation of two 2 bed flats and two 1 bed flats.

5.2.2  The proposal has been designed in order that original internal features are retained, and largely preserves the original layout of the building with limited interventions which are clearly identified on the drawings submitted.

5.2.3  No works, other than the replacement of joinery on a like for like basis where necessary, are proposed to the exterior of the building, however the change of use requires the benefit of planning permission. The works to the interior of the existing buildings, which do not require planning permission, are assessed under the scope of a separate application for listed building consent (MA/14/0134).

5.3    Principle of Development

5.3.1  The proposal site is located well within the defined centre of Maidstone in a sustainable location in close proximity to the town’s bus station and three railway stations and well served by local facilities and amenities. The site has formerly been in use for purposes associated with the Maidstone Museum and Art Gallery, and as such falls within the definition of previously developed land, and the proposed residential units would be provided through the conversion of an existing building. For these reasons the principle of residential use in this location is considered to be acceptable, being in accordance with central government planning policy as set out in the National Planning Policy Framework, which states in paragraph 51 that Local Authorities should, in suitable locations, “normally approve planning applications for change to residential use from commercial” where there is no strong economic case for the proposed development being inappropriate.

5.3.2  The National Planning Policy Framework 2012 (NPPF) also sets out a presumption in favour of sustainable development, which in the context of decision making is defined as approving development proposals that accord with the Development Plan without delay, and where the Development Plan is silent, granting planning permission unless any adverse impact of doing so would significantly and demonstrably outweigh the benefits.

5.3.3  For the reasons set out above, it is considered that the principle of the change of use is acceptable in the context of local, regional and national planning policy and guidance, subject to all other material considerations.

5.3.4  To my mind, in the circumstances of this case the key issues in the assessment of the application are the design of the proposed development and its impact upon the surrounding heritage assets.

5.4    Design and impact upon the surrounding heritage assets

5.4.1  The NPPF recognises that heritage assets are an irreplaceable resource, and requires Local Planning Authorities, in determining applications for development, to protect, enhance and conserve the historic environment, recognising that they should be conserved in a manner appropriate to their significance, taking into account the desirability of putting them to viable uses consistent with their conservation, providing support for proposals which bring underused heritage assets into appropriate use.

5.4.2  In this case, the proposal site comprises a Victorian building with Grade II* listed status by virtue of its relationship to Chillington House and its status as one of a number of buildings contributing towards the Chillington House complex. In addition, there are other listed buildings in close proximity to the site including the Albion Inn and the Sir John Banks Almshouses, and it is located within the Chillington House Conservation Area. As such, the impact of the proposed development on the designated heritage assets is of utmost importance in the determination of the application.

5.4.3  In this case, the change of use would not result in any physical alterations to the exterior of the building, and whilst the nature of the proposed development would inevitably have some impact upon the manner in which the building would be used, this would be in keeping with the original function of the building and not harmful to its character or appearance. It is not considered that the change of use would result in any detriment to the setting of other listed buildings or the conservation area.

5.4.4  For these reasons it is considered that the proposal is acceptable in respect of its impact upon on or neighbouring the site.

5.5    Other

5.5.1  The proposed development does not include the provision of on site car parking, however as Members are aware, Maidstone Borough Council does not have any adopted parking standards for new development, and as set out above, the Kent County Council Highway Services Engineer raises no objection to the proposal on these grounds, given the highly sustainable location of the proposal site.

5.5.2  The proposal site is not located in close proximity to any residential properties other than the Sir John Banks Almshouses, which are located approximately 70m to the east of the site, and the McKenzie Court development to the north west which is screened from the proposal site by existing buildings. The proposal would therefore not result in harm to the residential amenity of occupiers of existing dwellings.

5.5.3  Policy CF3 requires proposals which would result in the loss of “community facilities”, to demonstrate that an acceptable replacement facility is provided. In this case, alternative equivalent office space has been provided through the refurbishment of former storage areas within the main Chillington House building, and the staff formerly housed in the proposal site have been relocated to the replacement facility. The proposal therefore satisfies the requirements of the policy.

5.5.4  Conversions of existing buildings are exempt from requiring compliance with the Code for Sustainable Homes, and the scale of the proposed development is such that it falls below the thresholds triggering contributions towards healthcare, education and social services, and parks and open spaces. As such, none are sought in the circumstances of this case.

5.5.5  The proposal is not located in an area recorded by the Environment Agency as being prone to flood by virtue of its elevation, and the proposal would not result in any harm to landscape assets. It is noted that the proposal does not include the provision of on site private amenity space, however this is true of many proposals for flatted accommodation, and the proximity of the site to Brenchley Gardens and other public open spaces and the constraints of the site in respect of provision of landscaping, are considered to be such that in the circumstances of this case, this absence is acceptable.

5.5.6  Although no details are provided of waste and recycling bin storage area, there is adequate space within the courtyard for such purposes and to introduce a bin shed would be detrimental to the openness of this feature; as such no details are sought.

6.      CONCLUSION

6.1     For the reasons set out above, it is considered that the principle of residential development in this location is acceptable, and that the design and scale of the proposal are such that the character of the listed buildings on and adjacent to the site would be preserved, as would that of the Chillington House Conservation Area. The proposal would not result in any harm to residential amenity and is otherwise acceptable in regard to highway issues and in all other material considerations.

6.2     It is therefore concluded that planning permission be granted subject to conditions.

7.      RECOMMENDATION

PLANNING PERMISSION BE GRANTED, subject to the following condition:

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

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2.           The development shall not commence until full details of all new internal and external joinery in the form of large scale drawings have been submitted to and approved in writing by the Local Planning Authority, and the development shall be carried out in accordance with the approved details;

Reason: To ensure safeguard the quality of the development and the character, appearance and historic and architectural integrity of the listed building  in accordance with central government planning policy as set out in the National Planning Policy Framework 2012 and PPS5 Planning and the Historic Environment - Practice Guide.

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

drawing numbers 14.627.01, 14.627.02, 14.627.03, 14.627.04, 14.627.05, 14.627.06 and  14.627.07, supported by a Planning Statement (incorporating Heritage and Design and Access Statements), all received 27th January 2014;

Reason: To ensure safeguard the quality of the development and the character, appearance and historic and architectural integrity of the listed building  in accordance with central government planning policy as set out in the National Planning Policy Framework 2012 and PPS5 Planning and the Historic Environment - Practice Guide.

The proposed development, subject to the conditions stated, is considered to comply with the policies of the Development Plan (Maidstone Borough-Wide Local Plan 2000) and there are no overriding material considerations to indicate a refusal of planning consent.