Agenda item

DM/21/0041 - Humphreys Bakery, 65 High Street, Lindfield, West Sussex, RH16 2HN.

Minutes:

Hamish Evans, Planning Officer introduced the application for a change of use of the bakehouse to residential C3 use. He noted that the Highstreet to the east is a mixture of residential and commercial properties and the site is within the Lindfield built up area boundary, Lindfield Conservation Area and the setting of a Grade II* Listed Building to the east of site.

 

In discussing the proposal for a 2-bedroom single story unit the Planning Officer noted that it is within a sustainable location in the built-up area of Lindfield and with minimal external changes it is acceptable in terms of design and visible impact. It would not seek to convert the existing commercial unit at 65A High Street. It proposed no significant harm to neighbouring amenities, it would provide a good standard of accommodation for future occupiers and there has been no objection from the Highways Authority. It would also preserve the setting and special intertest of Lindfield Conservation Area and the setting of the Listed Building.

 

David MacMillan spoke against the application.

 

Roger Harris spoke in support of the application.

 

Councillor Ash-Edwards spoke as Ward Member acknowledging that the site has a lot of local affection based on the business that has been there for many years. He noted resident’s concerns that the bakehouse was of significant importance to the retail unit and that without that it may not be able to function, and that loss of commercial space is potentially detrimental to the economic vitality of the village. He also noted the recent change on permitted development brought in by the Government since this application had been called in.

 

The Chairman acknowledged the emotions involved but noted that this should not detract from the application. He noted that consideration should be made regarding the loss of a facility that may not come back.

 

The Planning Applications Team Leader clarified the definition of Grade II* listing  which accounts for roughly 6% of listed buildings and that the same test applies regarding the impact on the settings of listed buildings as set out in p102 of the report. He also noted that the site is now Class E, as established by the Government in September 2020 which is a significant change to the use class order as it has amalgamated a lot of uses into one class. It is a fundamental change as it means a property can swap between a number of previous use classes without the need for planning permission.

 

A Member sought clarification on what would occur from 1 August when new rules apply, should the committee decide to reject the application. The Team Leader confirmed that if the application was rejected, from 1 August permitted development rights to change the building from class E to residential use apply subject to a prior approval process where the Council looks at specific criteria such as transport impact, flooding, noise from commercial premises or the impact on the character and sustainability of conservation area. The Planning Applications Team Leader advised that in his view this was more directed at frontage properties to prevent the loss of retail floor space on a high-street but in this case as its not on the frontage it would be hard to say in a prior approval application that it has adverse impact on character and conservation area. 

 

A number of Members acknowledged the history of the site and concerns for the future but noted that the application has to be determined based on what is in front of the committee now.

 

A Member sought clarification on recent case law concerning listed buildings.  The Team Leader noted that the Courts have clarified that here there is some harm caused to the setting of a listed building, this should be given significant weight by the decision maker to reflect the fact that preservation of the setting of listed buildings is desirable as per the Listed Buildings Act. However in this application Officers do not consider there is harm to the setting of the listed building. It was also clarified that the bakehouse building itself isn’t listed, just those buildings to the east of the site referred to in the committee report.

 

The Chairman took Members to a recorded vote on the item. This was proposed by Councillor Coote and seconded by Councillor Dabell and agreed unanimously.

 

Councillor

For

Against

Abstain

P. Coote

y

 

J. Dabell

y

 

 

R. Eggleston

y

 

B. Forbes

y

 

 

G. Marsh

y

 

 

C. Phillips

y

 

 

M. Pulfer

y

 

 

D. Sweatman

y

 

 

N Walker

y

 

 

 

RESOLVED:

 

That permission be granted subject to the conditions as outlined at Appendix A.

Supporting documents: