Canterbury City Council Military Road Canterbury Kent CT1 1YW. Title: CA/17/00455/LB. Author: Planning and Regeneration.

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1 O Crown copyright and database rights 2017 Ordnance Survey Title: CA/17/00455/LB Author: Planning and Regeneration Scale 1:1,250 Map Dated: 10/05/2017 Canterbury City Council Military Road Canterbury Kent CT1 1YW

2 AGENDA ITEM NO 9 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//17/00455/LB 70 Oxford Street, Whitstable, CT5 1DA Application for listed building consent for internal and external alterations. LISTED BUILDING CONSENT DATE REGISTERED: 01 March 2017 TARGET DATE: 26 May 2017 LISTED BUILDING: GRADE 2 CONSERVATION AREA: WARD: APPLICANT: AGENT: CASE OFFICER: WEB LINK: RECOMMENDATION: WHITSTABLE TOWN Gorrell Truffle Tim LTD Truffle Tim LTD Mr Chris Pragnall =_CANTE_DCAPR_ Grant, subject to conditions SITE LOCATION AND DESCRIPTION 1. The application site comprises the ground floor of a Grade II-listed building within the town centre of Whitstable. The property is located on the corner of Oxford Street and Clifton Road. The doublefronted early 19 th century property was listed in the 1970s. The property is located within the Whitstable Town conservation area, and within Flood Zone 2. RELEVANT PLANNING HISTORY 2. CA/17/00454 change of use from shop to drinking establishment reported to planning committee alongside this application PROPOSED DEVELOPMENT

3 3. The applicant seeks listed building consent for internal and external alterations to the grade II listed building, including repainting the property blue from a white and turquoise, the removal of existing stud walls and. The bar/restaurant is to feature finishes to include brick tiles, wall paper and decorative cement. 4. The applicant also proposes an internal, wall-mounted extraction system in the kitchen and soundproofing between the application site and the adjoining residential property. CONSULTATIONS 5. CCC Heritage: - CCC s Heritage Officer raised no objection to the change of use in principle, or the proposed changes to the listed building. Concerns were initially raised in relation to the potential installation of an external extract system, however, it has since been confirmed that the extract system will be located internally. CCC Heritage has raised no objection to the means of extraction on this basis. Also no objection has been raised to the installation of sound proofing subject to a condition requiring further details being submitted to the LPA for its approval. REPRESENTATIONS 6. Letters were sent to nine neighbouring occupiers, a site notice was posted and a notice published in the local newspaper. No letters of representation were received solely related to the application for listed building consent but relate principally to the planning application for change of use from shop to drinking establishment, which are set out within the report to Planning Committee in relation to this application. DEVELOPMENT PLAN POLICIES 7. Canterbury District Local Plan First Review 2006 BE5 External/internal alterations to listed buildings and external alterations to locally-listed buildings BE6 Extensions or changes of use to listed buildings 8. Canterbury District Local Plan (Publication Draft) 2014 HE1 Support for protection, conservation and enhancement of historic environment HE4 Development of listed buildings and/or affecting setting of listed and locally-listed buildings HE5 External/internal alterations to listed buildings and external alterations to locally-listed buildings HE8 Presumption in favour of conservation of heritage assets 9. Supplementary Planning Documents ASSESSMENT Heritage, Archaeology & Conservation, adopted October This application is brought before the committee due to the number of objections received in relation to the full planning application for change of use contained within the agenda.

4 11. The main considerations in the assessment of this application are: Impact on the fabric of the listed building Impact on the setting of the listed building 12. Section 16 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that when considering whether to grant listed building consent for any works the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. 13. In respect of heritage assets paragraphs 128, 129, 131, 132, 133, 134 and 137 of the NPPF provide guidance on heritage assets, in this case the Grade ll Listed Building. Policy BE5 of the adopted Local Plan requires external and internal changes to a Listed Building to preserve the building and its setting or any features of architectural or historic interest it possesses. This requirement is reflected within policies HE4 and HE5 of the draft Local Plan. In addition to this the Draft Local Plan policy HE1 states, Development must conserve and where appropriate enhance, or reveal, the significance of heritage assets and their settings. Development will not be permitted where it is likely to cause harm to the significance of heritage assets or their setting. 14. The only exterior alteration is a change to the colour of the property. CCC s Heritage team have raised no objection to this aspect of the proposed works and Officers consider the impact of the proposal upon setting of the listed building to be acceptable. 15. In terms of the installation of the internal extraction system, the applicant has confirmed that the equipment will be wall mounted. As there will be no additional flue outlet, its installation will not result in the expansion of any opening within the building s wall or roof and therefore any impact upon the fabric of the listed building is considered to be acceptable. No objection has been raised by CCC s Heritage team on this basis. 16. In light of the associated planning application, sound insulation is required to safeguard the living conditions of the adjoining residential unit. As this could affect the fabric of the listed building, consent is required. CCC s Heritage team has raised no objection to this aspect of the proposed works subject to the product and it method of installation being suitable in the context of a listed building. Officers are satisfied that further details regarding these matters can be secured by planning condition. 17. It is also noted that the proposal involves removal of existing stud walls within the application site. Given these are not historic elements of the fabric of the listed building, Canterbury City Council s Heritage Officer raises no concern over their removal and the proposed works are considered to preserve the integrity of the listed building. 18. Initial concerns were raised in relation to a lack of information regarding a potential extract system if it was to be located externally. The applicant has since confirmed that any extract system will be located internally thus avoiding any impact upon the integrity of the grade ll listed building. 19. The proposal is therefore considered to have an acceptable impact upon the integrity and setting of the listed building. Officers are satisfied that the application accords with policies BE5 and BE6 of the adopted Local Plan and policies HE1, HE4, HE5 and HE8 of the emerging Local Plan. Other matters

5 20. An application for the change of use of the ground floor from shop to drinking establishment has been submitted and is included within the agenda for Planning Committee. Should planning permission be granted for the change of use it is recommended that the associated listed building consent should be granted subject to safeguarding conditions. However should planning permission not be granted for the change of use of the ground floor, the works proposed within this listed building consent application would be unnecessary and listed building consent would not be recommended for approval should the change of use application be refused. Conclusion 21. Taking the above into account the application is considered to have an acceptable impact upon the setting and fabric of the grade ll-listed building subject to suitable safeguarding conditions. It is recommended than listed building consent for the proposed works be granted should the associated application for change of use of the ground floor from shop to drinking establishment be approved.

6 DRAFT CONDITIONS/REASONS FOR DECISION NOTICE Application No: CA/17/00455/LB Proposal: Application for listed building consent for internal and external alterations. Location: 70 Oxford Street, Whitstable, CT5 1DA CONDITIONS/REASONS: 1 The works to which this consent relates shall be begun not later than the expiration date of three years beginning with the date on which this permission is granted. REASON: In pursuance of Section 18 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004) 2 The development hereby approved shall be carried out in accordance with the submitted drawings: Revised floor plan titled 'Proposed Plan Sheet No 3' (validated 11 May 2017) Revised elevation plan titled 'Proposed Elevations Sheet Nr 4 Rev A' (validated 11 May 2017) REASON: To secure the proper development of the area. 3 Notwithstanding the approved plans, no works to the floors, roof, or walls shall take place until details regarding the design and materials proposed to be used in the insulation (thermal, acoustic, and/or fire) have first been submitted to and approved in writing by the Local Planning Authority. The materials to be used shall be breathable to prevent harm to the historic fabric of the building, in accordance with Building Regulations Part L The development shall thereafter be carried out in accordance with the approved details. REASON: To safeguard the historic fabric and character of the listed building in accordance with Policies BE5 and BE6 of the Canterbury District Local Plan 2006, and Policies HE4 and HE5 of the Canterbury District Local Plan Publication Draft 2014.