Agenda item

Proposal: Proposed change of use of outbuildings to short term holiday accommodation

Location: Fortescue Arms, 27 High Street, Billingborough, NG34 0QB

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions

Proposal: Proposed change of use of outbuildings to short term holiday accommodation

Location: Fortescue Arms, 27 High Street, Billingborough, NG34 0QB

Recommendation: To authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions

 

Noting comments in the public speaking session by:

 

Fortescue Arms Community Committee                   Ari Volanakis

Applicant’s Agent                                                      Statement read out

 

Together with:

 

·       Provisions within SKDC Local Plan 2011-2036 and National Planning Policy Framework (NPPF).

·       Comments received from Environmental Protection.

·       Comments received from SKDC Conservation Team.

 

During questions to Public Speakers, Members commented on the following:

 

It was confirmed that Councillor Murray Turner was the Chairman of the Fortescue Arms Community Committee.

 

·     Whether the community were content with the changes of use.

 

It was confirmed the Community Group had undertaken a survey. There had been no investment into the main building of the pub for the past 10 years and other issues with the pubs roof, electricity, health and safety. The survey found a high amount of dissatisfaction from residents with the condition of the site.

 

·     Whether the loss of outside seating area had a positive or negative impact on tourism capacity.

 

The Public Speaker confirmed the use of outside seating area was positive for improving tourism capacity of the village and wider area. It was felt the pub would receive better business during the summer months.

 

·        Whether stakeholders were contacted on the application.

 

The Public Speaker confirmed the Parish Council, the Fortescue Arms Community Committee and landlord were not consulted by the Applicant upon the application being submitted. Moreover, the Applicant was not legally required to consult with local communities.

 

The Chairman clarified a condition was in place that the letting of the short-term holiday accommodation was tied to the operation of the pub.

 

During questions to officers and debate, Members commented on the following:

 

The Principal Development Management Planner updated the Committee with comments received from Billingborough Parish Council:

 

‘Members of Billingborough Parish Council wish to inform the Planning Committee with the following information.

 

The beer garden borders the outbuildings in question, The proposed development details windows and doors leading out onto the beer garden area which would necessitate losing a large proportion of this amenity.

 

This social space which enables families to take children with them without having to go into the pub environment currently forms a very popular area of the premises, especially in the summer months. This space not only helps to support the pub economically but is valued as an area which facilitates social cohesion within the village.

 

The Parish Council supports the development of the site that would help secure the future of the public house, however, it is aware that a planning application to develop a residential property within the same site has been submitted previously, although refused.

 

The Parish Council questions the logic of investing in the development of a new property on the site whilst the pub itself is in great need of repair and refurbishment and would question why the Applicant requests planning permission for short-term renting, potentially limiting its income rather than a C1 application.

 

If the Parish Council is correctly informed, recent changes have taken place that enable this type of application, if successful to be classed as a C5 property. It is believed this classification attracts permitted development rights, enabling it to be changed to a residential C3 property without planning permission needing to be sought, unless local authorities remove these permitted development rights by making an Article 4 direction.

 

The Parish Council can therefore not support this application for the reasons described above, but should the application be successful, it urges the District Council to use its authority to make an Article 4 direction to ensure that any future change would also require planning permission’.

 

·     Clarification was sought around objector’s concern on loss of outdoor space.

 

The Officer clarified that the proposal did not include any proposals to close the outdoor space or minimise it. Some outdoor seating may be moved for the holiday-lets to have a clear access route.

 

Condition 13 strictly tied the occupation of the dwelling as a holiday let to the continued operation of the pub.

 

Condition 14 specifically ties the dwelling to occupation for holiday purposes only. This meant that any changes of use would need to be submitted as a new application.

 

·     A query was raised on whether the Listed Building Consent Application had been submitted as advised by the Conservation Officer.

 

The Applicant’s had been advised they required Listed Building Consent and could not proceed with any change of use works until this was obtained and submitted.

 

·       Whether the development, if approved would comply with fire regulations.

 

It was confirmed several aspects, including fire regulations would be dealt with under building regulations.

 

·       Concern was raised that several paragraphs within the report referred to a ‘lack of information’. Clarification was sought on whether the concerns had been dealt with.

 

The Officer confirmed all ‘lack of information’ stated within the report had been addressed and the information had been received.

 

·       One Member felt the development would improve the business plan for the pub and further investment.

·       It was noted that plan did not show a kitchenette facility and whether this was a concern.

 

It was clarified that facilities provided are for a short-term accommodation linked to the operation of the pub and it was hoped any visitors would utilise the pubs amenities.

 

·       Whether a condition could be implemented to bring the external view of the holiday lets to a high standard, alongside sufficient insulation.

 

The Applicant’s proposed to alter the windows in the holiday lets, subject to condition whereby the details would be submitted prior to works taking place. The Planning Authority only had powers to condition urgent works or repairs notices to listed buildings and the responsibility lied with the owners of the building.

 

·       One Member commented on the entertainment space and flexible outdoor seating area which could support the long-term viability of the public house.

 

Final Decision:

 

It was proposed, seconded and AGREED to authorise the Assistant Director – Planning & Growth to GRANT planning permission, subject to conditions:

 

Time Limit for Commencement

 

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

 

Reason: In order that the development is commenced in a timely manner, as set out in Section 91 of the Town and Country Planning Act 1990 (as amended).

 

Approved Plans

 

2)    The development hereby permitted shall be carried out in accordance with the following list of approved plans:

 

i.      Site Location Plan received 30 May 2025

ii.     Proposed Floor Plans re. 22.2820.25B received 11 July 2025

 

Unless otherwise required by another condition of this permission.

 

Reason: To define the permission and for the avoidance of doubt.

 

Before the development is commenced

 

3)    No works shall commence until a programme of building recording at Level 2 as defined by Historic England in Understanding Historic Buildings: A Guide to Good Recording Practice is produced, submitted to and approved by the Local Authority.

 

The Building Recording will be undertaken in accordance with the approved scheme of work prior to development commencing.

 

Reason: To ensure the development is in accordance with Paragraph 218 of the NPPF and Policy EN6: The Historic Environment of South Kesteven District Council's Local Plan.

 

4)    Before the development hereby permitted is commenced, a construction management plan detailing the controlling of construction noise and dust during the development of the site shall have been submitted to and approved by the Local Planning Authority.

 

Reason: To protect neighbouring properties the working methods will need to be carefully considered in accordance with Policies EN4 and DE1 of the SKDC Local Plan.

 

During Building Works

 

5)    During building works, any historic flooring identified during the historic building recording shall be retained and preserved through the installation of a false floor unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To ensure the satisfactory preservation of this listed building and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

 

6)    Before any of the works on the external elevations for the building(s) hereby permitted are begun, samples of the materials (including colour of any render, paintwork or colourwash) to be used in the construction of the external surfaces shall have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

7)    Before the installation of any of the new external windows and/or doors hereby consented, full details of all proposed joinery works for those windows/doors, including 1:20 sample elevations and 1:1 joinery profiles, shall have been submitted to and approved in writing by the Local Planning Authority.

 

Reason: To ensure the satisfactory preservation of this listed building and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

 

8)    Prior to any internal works hereby permitted, a method statement for the insultation of the property, including the material details and specification for installation, shall have been submitted to and approved by the Local Planning Authority. The insulation shall be installed in accordance with the approved details prior to the building first being brought into use.

 

Reason: To ensure the satisfactory preservation of this listed building and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

 

Before the development is occupied

 

9)    Before any part of the development hereby permitted is brought into use, the external surfaces shall have been completed in accordance with the approved details.

 

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy DE1 of the adopted South Kesteven Local Plan.

 

10)Before the part of the building being altered is first brought into use, the joinery works shall have been completed in accordance with the approved joinery details.

 

Reason: To ensure the satisfactory preservation of the building and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

 

11)Before any part of the development hereby approved is brought into use, the rooflights indicated to the south elevation; shall have been installed and be of a conservation type, fitted flush with the adjoining roof surface so as not to project above the plane of the roof and shall be retained as such thereafter.

 

Reason: To ensure a satisfactory appearance to the development and in accordance with Policy EN6 of the adopted South Kesteven Local Plan.

 

12)Before any part of the development hereby approved is brought into use, 2 bird boxes and 2 bat boxes shall have been installed on site.

 

Reason: To support biodiversity provision on site in line with Policy EN2 of the SKDC Local Plan.

 

Ongoing Conditions

 

13)The holiday accommodation hereby permitted shall solely be used in connection with the operation of the public house ‘Fortescue Arms, 27 High Street, Billingborough’.

 

Reason: To define the permission and protect the community facility in accordance with Policy SP6 of the adopted South Kesteven Local Plan.

 

14)The accommodation hereby approved shall be occupied only in strict accordance with the following requirements:

 

i. The accommodation shall be occupied for holiday purposes only.

ii. The accommodation shall not be occupied as a person's sole, or main place of residence.

iii.  A register of occupancy of the accommodation, to include the details of motor vehicle registration numbers, the names and addresses of all occupants and their arrival and departure dates, shall be kept by the site manager and shall be made available at all reasonable times for inspection by officers of the local planning authority.

 

Reason: To ensure that the permitted accommodation is not occupied for permanent residential use having regard to the retention of the community facility and noise amenity of occupiers in accordance with Policies SP6 and DE1 of the adopted South Kesteven Local Plan.

 

15) The development hereby permitted shall be carried out in accordance with Section 3 of the Acoustic Survey and Assessment Prepared by MES Ltd dated August 2024.

 

Reason: To prevent disturbance to the amenities of the occupants of the site and in accordance with Policies EN4 and DE1 of the adopted South Kesteven Local Plan.