2 - 6 High Street, Biggleswade - Planning Application

On the 25th April 2012 a planning application was registered with Central Bedfordshire Council, for a change of use - CB/12/1510 and Listed Building consents (alter/extend) - CB/12/1511.

Part demolition rear outbuilding, reconstruction of outbuilding including pitched roof, construction of external staircase within courtyard, change of use to part first floor and ground floor to holistic health centre, change of use part ground floor from residential to commercial cafe kitchen use, change of use from hairdressing salon to hot food cafe and refurbishment various elements of building.

The application was considered by Biggleswade Town Council at the Annual Statutory Meeting on the 8th May 2012.

The Minutes state:

It was resolved that the Town Council put a holding objection on this application subject to more information being received on the following concerns.

• More information is requested about the status of the rear outbuilding that is due for part demolition.
• Parking.
• Amount of footfall.
• Change of use of the building.
• Traffic.
• Size of the project.
• Inappropriate next to St Andrews Church.
• Hot food will need an extraction system.

Town Council request CBC PUT A HOLD on work that has already commenced.

The Biggleswade Chronicle of Friday 11th May reported:

Plans to convert an historic building into an holistic health centre and café have been rejected by a town council.

Members of the Biggleswade Town Council opposed the plans for St Andrews Place at the council's annual statutory meeting on Tuesday.

The Grade II listed High Street building - which is thought to be more than 400 years old - is under new ownership after being sold through chartered surveyors.

The new owner has applied to Central Bedfordshire for planning permission to open a hot food café and part demolish a rear outbuilding.

The outbuilding would be rebuilt with a pitched roof and external staircase would be put up in the courtyard.

Part of the first floor and ground floor would be used for the health centre, while another section would become the kitchen and café.

But councillors are wary about the impact of the changes could have on the building and surrounding area.

Councillor Bernard Briars said: "My concern is the situation with parking as there is very little available in the area outside the building."

Councillor Wendy Smith added: "There is a small car park at the side of the building but that actually belongs to St Andrews Church and the worry is that people using the new outlets could try to park there which obviously wouldn't be fair on the church."

The implications for the building itself also concern Councillor Ian Bond.

He said; "This is a listed building and I would be worried as there is a lot that could be happening in the terms of change. It is hard to imagine what it would be like looking at the application."

Councillors are also concerned about report that renovation work may already have started at the site even though planning permission has not yet been granted.

They agreed to oppose the application as it stands and ask Central Beds Council to verify renovation work has not yet begun.

On the 13th May 2012, the former owner was moved to write to Central Beds Council:

I am writing as the previous owner of 2-6 High Street, Biggleswade and in response to the comments in the Biggleswade Chronicle relating to the decision of Biggleswade Town Council to oppose the above application.

I am 65 years old and have lived in Biggleswade all my life. My family have lived at 2-6 High Street for over a century and on the death of my mother in September 2009 I was determined to sell the property to a new owner who would restore the building sympathetically and put it to a use that benefits the whole community. I believe the new owner - Ms Dianne Kenny - fits that profile.

To the best of my knowledge she has worked in close co-operation with both your department and the local Conservation Officer in the submission of her plans. It is disappointing that Biggleswade Town Council did not avail themselves of more information before making their decision to oppose the application. The comments attributed them in the Biggleswade Chronicle are incorrect on two counts:

1. As you are probably aware, renovation work has not started. However, exploratory work has been undertaken with the knowledge and consent of both your own department and the Conservation Officer.
2. The parking spaces alongside the building do not belong to St Andrews Church. The Land Registry is unable to define ownership.

The arguments put forward regarding the lack of parking would prohibit the approval of planning consent for almost any new retail operation in Biggleswade. Indeed, the daily throughput of people in the proposed development is likely to be significantly lower than at many retail outlets in the town.

On balance, the views of Biggleswade Town Council are at best ill informed or at worst show a degree of negligence in their consideration of this planning application.

Prior to selling the property to Ms Kenny I spoke to many local people concerning the plan for an holistic centre and they all voiced positive reactions to the idea. My own belief is that the proposed usage will be an enormous benefit to Biggleswade as a community and I would urge you to approve the application.

The following comments to CBC Planning were made by St Andrews Church:

• Pedestrians using the north access door would disrupt church activities.
• There could be safety problems because cars associated with the church turn in the area to the north of the building.
• The two parking spaces in front of the church would not be available for customers at the site.
• Noise from yoga and exercise rooms could disturb people using the church grounds.
• There would be a lack of privacy for disturb people using the church grounds.
• There could be problems with smells and steam.
• Consideration needs to be given the wildlife and trees within the church grounds.
• No agreement has been reached with the church in respect of site levels.
• Construction would be difficult because of the confined site.

At the Biggleswade Town Council Planning Committee on the 12th June 2012, at which the listed building consent was being considered, Ms D Kenny gave the following information, according to the minutes:

I have been involved in Yoga for Health and would like to establish a Yoga / Meditation / Pilates centre in Biggleswade in the old Whiteman building, to include ground floor access for the less able bodied.

In consultation with Robin Uff Conservation Officer a CBC works are being carried out to stop the building falling down as the building is in a precarious state and needs essential repairs. Traditional materials are being used for the repairs.

The hairdressers will stay and the plans will be amended to suit, the café will come later, this will be a vegan and vegetarian café to promote healthy eating.

People want more facilities and the plans are to run  evening classes, classes for mothers and babies and I ask for Councils support.

There are two car parks in Shortmead Street, perhaps a 3 hours limit could be imposed on both car parks.

It was resolved that the Town Council put a holding objection on this application subject to more information being received on the following concerns.

• More information is requested about the status of the rear outbuilding that is due for part demolition.
• Parking.
• Amount of footfall.
• Change of use of the building.
• Logistics of partitioning the building.
• Traffic.
• Size of the project.
• Inappropriate next to St Andrews Church.
• Hot food will need an extraction system.

Town Council request CBC PUT A HOLD on work that has already commenced.

The application was called in (rather than let the Planning Officer decide), to the Planning Committee at the request of Councillor Jane Lawrence, because of the site's location, heritage status and because of local interest.

At the Development Control Meeting of 27th June 2012:

• The application for change of use was granted with the following conditions:

1) The development shall begin not later than three years from the date of this permission.

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

2) No extraction vents shall be installed in to any external wall unless otherwise agreed in writing beforehand by the Local Planning Authority.

Reason: To protect the appearance of the site and to control noise and odours.

3) The bin storage area shown on drawing number 12-752-P-05 shall be provided before the commencement of the A3 use at the site and shall be permanently retained thereafter.

Reason: To ensure that waste and recycling is properly stored and collected.

4) The uses hereby approved shall not operate except between the hours of 0730 to 2100 on Mondays to Saturdays and

0830 to 1800 on Sundays and Bank Holidays.

Reason: To safeguard the amenities of neighbouring buildings and uses.

5) No development shall take place until the applicant or developer has secured the implementation of a Written Scheme of Archaeological Investigation which has been submitted to and approved in writing by the Local Planning Authority. The said development shall only be implemented in accordance with the scheme thereby approved.

Reason: To record and advance understanding of the significance of the heritage assets with archaeological interest in accordance with Policy 141 of the National Planning Policy Framework.

6) A scheme for sound insulation shall be submitted to and approved by the Local Planning Authority to ensure that noise & vibration from the hereby permitted commercial uses is not to the detriment of future occupiers of the residential units in the building. The scheme approved by the Local Planning Authority in writing shall be fully implemented in accordance with the approved details before the uses, the subject of this consent, commence. The works and scheme shall thereafter be maintained in accordance with the approved details.

Reason: To protect the amenity of future occupiers of the development.

7) Noise resulting from the use of the plant, machinery or equipment shall not exceed a level of 5dBA below the existing background level (or 10dBA below if there is a tonal quality) when measured or calculated according to BS4142:1997, at a point one metre external to the nearest noise sensitive building.

Reason: To protect neighbouring amenity.

8) Equipment shall be installed to effectively suppress and disperse fumes and/or odours produced by cooking and food preparation, and the equipment shall be effectively operated for so long as the commercial food use continues. Full details of the method of odour abatement and all odour abatement equipment to be used, including predicted noise levels of the equipment in operation, shall be submitted to and approved by the Local Planning Authority prior to the installation of the equipment. The approved equipment shall be installed as approved prior to the use hereby permitted commencing.

Reason: In order to prevent the adverse impact of odours arising from cooking activities on the amenity of residents.

9) The kitchen ventilation system approved in accordance with condition 8 above, shall be so enclosed, operated and/or attenuated that noise arising from such plant shall not exceed a level of 5dBA below the existing background level (or 10dBA below if it has distinguishable characteristics or there is a tonal quality) when measured or calculated according to BS4142:1997, at the boundary of any neighbouring residential dwelling.

 
Reason: To protect residents from any adverse impact from noise arising from the kitchen extract ventilation system.

10) Notwithstanding the provisions of the Town and Country Planning Act (Use Classes Order) the building shall not be used in any other way than as:

A holistic health/yoga centre;

A hot food cafe;

A hairdressing salon; and/or Residential units

in accordance with the approved floor plans without the prior written consent of the local planning authority.

Reason: To protect amenity at neighbouring sites.

11) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers [12-752-P-01, 02, 03, 04, 15, 06, 07 and 12-752-BR-10].

Reason: For the avoidance of doubt.

• The application for listed building consent was also granted with the following conditions:

1) The works shall begin not later than three years from the date of this consent.

Reason: To comply with 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) Prior to any building works being first commenced, detailed drawings of all proposed new &/ or replacement doors & windows, together with a detailed specification of the materials, construction & finishes, shall be submitted to & approved in writing by the Local Planning Authority. Details shall be provided which clearly show (as appropriate)- a section of the glazing bars, frame mouldings, door panels, the position of the door or window frame in relation to the face of the wall, depth of reveal, arch & sill detail.

Reason: To ensure that the special architectural or historic interest of the building or structure, its character & appearance is properly preserved, maintained & enhanced, in accordance with standard conservation good practice.

3) Following the carrying out or completion of the building operations or alterations for which consent is hereby granted, all making good of the existing building shall be carried out in materials & finishes which closely match, like-for-like, those historic materials & finishing details used in the existing building or structure- to accord with usual conservation good practice & to the satisfaction of the Local Planning Authority. If there is any doubt regarding the approach to any proposed making good, or any alternative materials are proposed, a precise specification of the materials & finishes should be submitted to & agreed in writing by the LPA.

Reason: To ensure that the special architectural & historic interest, character & appearance of the building is properly maintained, in accordance with standard conservation good practice.

4) None of the components, members or elements comprising the structural timber frame & fabric including the infill panel material, stave or wattle & daub or brick, stone & plaster- of the building shall be cut, damaged, altered or otherwise detrimentally changed- other than those parts specifically identified within the submitted detailed annotated working drawings & precise schedule of works relating to the timber frame. All such alteration works shall be in accordance with usual conservation good practice & forming part of the agreed specification, method statement & approach stated in the listed building consent. Sandblasting or any other abrasive cleaning is not acceptable.

Reason: To ensure that the special architectural or historic interest of the building or structure, its character & appearance is properly preserved, maintained & enhanced, in accordance with standard conservation good practice.

5) All rainwater goods shall be cast iron. As an alternative, cast aluminium may be acceptable, in certain circumstances, though this is to be specifically justified & agreed in writing by the Local Planning Authority if it is proposed to specify cast aluminium. Plastic or uPVC rainwater goods are not acceptable.

Reason: To ensure that the special architectural & historic interest, character, appearance & integrity of the listed building or other historic building is properly maintained & to accord with standard conservation good practice.

6) The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans, numbers [12-752-P-01, 02, 03, 04, 15, 06, 07 and 12-752-BR-10].

Reason: For the avoidance of doubt.

There was an informative note added :

The applicant is advised to make contact with representatives of St Andrew's Church to explore methods of ensuring that the site operates in such a way as is sensitive to the needs of the Church and its visitors.

Parking seems to be an issue concerning Biggleswade Town Council and others even after the permission has been granted. It is interesting to note this section in the Planning Officers report:

There is currently no parking provided at the site and none would be provided to accompany this development. It is not likely that there would be a notable difference in visitor numbers between the existing uses at the site if they were fully occupied and the proposed uses.

There is nearby public parking and there are public transport links serving the town centre. National policy objectives promote sustainable modes of travel and the provision of on-site parking would discourage the use of local public transport services.

In the context of the location and the character of the uses proposed, it would not be necessary or appropriate to provide off-street car parking and the lack of provision is acceptable here.