Agenda, decisions and minutes

The Economic Development Portfolio Holder declared an interest in respect of Item 3 on the agenda as he was a Director of the White Swan Public House at Conington.

The Portfolio Holder is asked to sign the minutes of the meeting held on 10 December 2014 as a correct record.

The minutes of the meeting held on 10 December 2014 were agreed as a correct record.

The Economic Development Portfolio Holder:

(a)  AGREED to make a recommendation to the Planning Committee that this Council adopts in principal the use of Article 4 Directions to restrict the development rights of pubs with respect to demolition and change of use on the basis of the results of the public consultation;

(b)  AGREED the commissioning of the requisite research to substantiate the nominations resulting from the public consultation (see paragraph 29 of the covering report) and that an assessment is made of the potential claims for compensation which could arise;

(c)  REQUESTED a process to be put in place via which subsequent nominations for Article 4 Directions may be received and assessed.

Other Options Considered:

(a)  To take no further action with regard to the use of Article 4 Direction;

(b)  To take no further action with regard to use of Article 4 Direction, accepting that ACV listing provides an acceptable safeguard and to intensify efforts to promote the Community Right to Bid to communities where pubs have been nominated;

(c)  To agree that further detailed work should be undertaken to determine whether or not a positive recommendation to the Planning Committee is justified and to identify the pubs to which this might apply.

Reason for Recommendations:

(a)    The public consultation has provided evidence of support for the use of article 4 directions among parish councils and the general public. The consultation revealed support for the principal of the removal of permitted development rights in respect of both demolition and change of use, irrespective of whether the pub was the last to remain in the village.

(b)    The Cambridge and District branch of the Campaign for Real Ale (CAMRA) made representation on behalf of its almost 4,000 branch members. They urged the council to adopt the use of article 4 directions with respect to demolition and change of use and believed this should not be limited to the sole remaining pub to serve a village.

(c)    Since responsibility for determining whether this council should adopt the use of article 4 directions lies with the Planning Committee, the results of the consultation help provide the Economic Development Portfolio with the necessary information to present to the Planning Committee for their further consideration.

(d)    The recent experience of Islington Borough Council (see paragraph 25 of the covering report) suggests the Department for Communities and Local Government (DCLG) is prepared to accept the use of article 4 directions to address pressures towards a change of use where the local authority can demonstrate evidence that the exercise of permitted developments rights would harm local amenity.

(e)       The consultation results indicate the public values the contribution of pubs in terms of visual amenity and their contribution to the range of local amenities available to them and suggest the quality of village life would be greatly diminished without them. The consultation identifies numerous pubs where the public believes this applies.

(f)        There were 519 individual nominations made identifying a total of 132 pubs across the  ...  view the full decision text for item 3.

At his meeting held on 10 December 2014, the Economic Development Portfolio Holder agreed a programme of public consultation relating to Article 4 Directions in respect of Public Houses that would require planning permission prior to demolition and/or change of use.

The Development Officer informed the Portfolio Holder that as a result of the consultation, 256 responses had been received, with 132 public houses from across the District named. It was also reported that the Government had announced that from 6 April 2015 all pubs listed as an Asset of Community Value (ACV) would have their permitted development rights curtailed and be unable to demolish or change the use of the building.

As a result of queries raised by those Members in attendance at the meeting, the following was confirmed:

·         Pubs not included as a result of the consultation process could be added at a future date

·         Pubs would have to fulfil a prescribed criteria before an Article 4 Direction was made

·         Evidence was required that pubs were worthy of becoming a community asset

·         It would benefit pubs to be nominated as an AVC

·         Some pub owners had responded to the consultation process in the strongest of terms; however, a balance on the needs of the community was also required

The Economic Development Portfolio Holder:

(a)  AGREED to make a recommendation to the Planning Committee that this Council adopts in principal the use of Article 4 Directions to restrict the development rights of pubs with respect to demolition and change of use on the basis of the results of the public consultation;

(b)  AGREED the commissioning of the requisite research to substantiate the nominations resulting from the public consultation (see paragraph 29 of the covering report) and that an assessment is made of the potential claims for compensation which could arise; and

(c)  REQUESTED a process to be put in place via which subsequent nominations for Article 4 Directions may be received and assessed.

The Economic Development Portfolio Holder gave, in principle, APPROVAL for:

(a)  The Tithe Barn Trust to take on responsibility for the Landbeach Tithe Barn, subject to acceptable terms and conditions;

(b)  A partnership agreement to fund and manage the repairs programme, subject to acceptable terms and conditions;

(c)  Urgent works to safeguard the barn from further deterioration, including tarpaulin covers, subject to the Portfolio Holder agreeing the costs of the works to be undertaken; and

(d)  NOTED the progress on the transfer of St Denis Church, East Hatley to the Friends of Friendless Churches

Other Options Considered:

(a)  The Tithe Barn Trust to take on responsibility for the Landbeach Tithe Barn, subject to acceptable terms and conditions;

(b)  A partnership agreement to fund and manage the repairs programme, subject to acceptable terms and conditions;

(c)  Urgent works to safeguard the barn from further deterioration, including tarpaulin covers.

(d)   

Reason for Recommendations

Further work has been undertaken locally to develop proposals for a new local trust to take on responsibility for Landbeach Tithe Barn, and a conditions survey has been completed. The Portfolio Holder is asked to endorse further work on the trust and measures to protect the barn. Progress has been made regarding disposal of St Denis Church.

Landbeach Tithe Barn

Councillor James Hockney and 4 members of the public were in attendance for this item.

Councillor Hockney reported that:

·         A bank account had been set up

·         6 trustees had been appointed

·         2 people were on board in respect of finance and business management; 2 more were required

·         The estimated expenditure required as a result of the survey was higher than anticipated

·         A family fun day was planned together with the launch of a `Friends’ membership scheme

·         2 donors who wished to remain anonymous had pledged £5k and £50,000

The Portfolio Holder invited members of the public to address the meeting and they reported that:

·         It was hoped that charitable status could be obtained to enable an application to process gift aid donations

·         Initial objectives were to prioritise the surveyors report by protecting the building and keeping the roof water-tight

·         A cleaning session was planned

·         No evidence of bats had been found, however damage caused by various vermin was evident

·         The barn would be promoted for hiring purposes

·         Grants would be applied for and projects phased accordingly

·         Ongoing negotiations were taking place with the owner of the adjacent rectory to gain access to erect scaffolding to repair the barn roof

The Portfolio Holder stressed the need to provide an adequate access and toilet facilities in order to attract the public to the building. He added that he would like to know the approximate cost of repairing the roof of the barn.

The Planning and New Communities Director advised the Portfolio Holder that there were discrepancies at paragraphs 14 and 15 of the report and the appendix relating to estimated costs of works; the figure quoted in the appendix included the costs of the survey.

The Economic Development Portfolio Holder gave, in principle, APPROVAL for:

(a)  The Tithe Barn Trust to take on responsibility for the Landbeach Tithe Barn, subject to acceptable terms and conditions;

(b)  A partnership agreement to fund and manage the repairs programme, subject to acceptable terms and conditions; and

(c)  Urgent works to safeguard the barn from further deterioration, including tarpaulin covers, subject to the Portfolio Holder agreeing the costs of the works to be undertaken.

St Denis Church, East Hatley

The Economic Development Portfolio Holder NOTED the progress on the transfer of St Denis Church, East Hatley to the Friends of Friendless Churches.

To consider any items for inclusion in the Portfolio Holder’s Work Programme.

The Economic and Development Portfolio Holder REQUESTED the following items for consideration at his next meeting:

·         A representative of the Destination Digital project to clarify progress and timescales

·         Right to Bid update

·         Economic Development update, including Gamlingay

·         Gypsies and Travellers update

It was confirmed that Neighbourhood Plans were led by the Director of Health and Environmental Services.

Thursday, 11 June 2015 at 10am in the Monkfield Room. (Please note this date is a departure from that previously agreed)