Planning Committee Report 25 March 2015 REPORT SUMMARY REFERENCE NO – N/A ADDRESS Former Cranbrook Engineering Works / Hospice in the Weald, Stone Street, Cranbrook, Kent. TN17 3HB REPORT FOR INFORMATION: To note the service of a Building Preservation Notice SUMMARY - An Interim Report by Canterbury Archaeological Trust Ltd as part of application to discharge condition 21 on permission 09/03349/FULMJ has identified the existence of: - A. a mid to late C16 building almost completely intact - B. an attached early C19 (1835 Regency) Assembly Hall - C. remains of a probable C18th outbuilding - D. c1873 a billiard room - E. an apparent early C19 stable block attached to the C16th building. - (See site location plan at Appendix 4 for building identification) - The buildings enjoyed little protection under planning legislation. Conservation Area Consent was granted in 12/05/2010 to demolish them and replace them with a mixed use development. At the time consent was granted the Local Planning Authority (LPA) was not aware of the historic significance of the buildings on the site, hence the requirement for the submission of details. - On the basis of the recently received information it appears to the Council that the buildings, are currently not listed, are nevertheless of special architectural or historic interest, and are in danger of being demolished or altered in such a way as to affect its character as buildings of special architectural or historic interest. - Conservation Area Consent application 10/01073/CAC remains live until 04.05.2015. The submission of applications to discharge the conditions on this extant permission show an intent to implement demolition - Whilst the buildings could have been demolished without the discharge of conditions this would have been in breach of planning control, but not a criminal offence. Had this occurred an enforcement notice could be served although this would not be practicable given 1) much of the potentially irreplaceable historic fabric would have been lost and 2) the materials may potentially have been removed from the site. There would ultimately be little the LPA could do to require their restoration. - In two separate conversations between officers and the site agents it became clear that the intent was to demolish at the earliest possible occasion. - Phone conversation between Ruth Chambers and Site Agent week of 02/03/2015: Site agent stated that a date of demolition planned to be the 9th March but that he was willing to delay the start date until 23 March. Also mentioned in the conversation was the fact that the Agents were taking further legal advice regarding the implications of commencing demolition in breach of outstanding conditions on the 2010 CAC and the 2010 Planning Permission. - Conversation between Mark Stephenson and Site Agent on site on 10/03/2015: Site agent indicated that he was only waiting for a bat license from English Nature before commencing the demolition and that could be through in the next week or two Planning Committee Report 25 March 2015 REASON FOR REFERRAL TO COMMITTEE The issuance of a Building Preservation Notice (BPN) is not a matter that is specifically delegated to the Head of Planning Services under the officer scheme of delegation in the Council’s Constitution. Never the less , given the current extant conservation area consent, and the indicated imminent desire to demolish it was considered necessary to seek to immediately protect the building to allow for further investigation into its historic significance and thus a BPN has been served. The Head of Planning Services as a defined Chief Officer has power to take urgent action under general provisions included within the scheme of delegation, provided the matter is reported to the next planning committee for information. This report is therefore for information purposes in accordance with the requirements of the constitution. WARD Benenden and PARISH/TOWN COUNCIL Cranbrook Cranbrook RELEVANT PLANNING HISTORY App No Proposal Decision Date 09/01437/FULMJ Redevelopment to create mixed use Residential / Retail and Office space Approved Determined 13.08.2009 09/01439/CAC Demolition of existing buildings Approved Determined 30.06.2009 09/03349/FULMJ Redevelopment to create mixed use Residential / Retail and Office space Approved Determined 28.01.2010 10/01073/CAC Demolition of existing buildings Approved Determined 12.05.2010 14/504852/FULL Extension of Time 09/03349/FULMJ 10/01073/CAC Pending Various applications Discharge of Conditions related to 09/03349/FULMJ 10/01073/CAC Pending Various MAIN REPORT 1.0 DESCRIPTION OF SITE 1.01 The former Cranbrook Engineering Works/Hospice in the Weald outlet is located on Stone Street, Cranbrook, Kent. The site occupies a composite plot of irregular outline, comprising about 0.22ha south of the junction between High Street and Stone Street in Cranbrook town centre. 1.02 Located within the site are a range of standing buildings. Of particular interest for the purpose of this report are the buildings that were associated with the White Horse Inn, later the Bull, whose principle buildings were demolished in 1937. The extent of these buildings is shown on the attached map. 2.0 BUILDING PRESERVATION NOTICES 2.01 Local Planning Authorities (LPAs) may serve a BPN on the owner and occupier of a building which is not listed, but which they consider is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest (S.3 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended). Planning Committee Report 25 March 2015 2.02 At the time a BPN is served, an application to list the building must be made to English Heritage. (This has been done – see section 5.01 below). 2.03 A BPN takes effect immediately when it is served on the owner and occupier. 2.04 A BPN protects the building for a maximum of 6 months until either the Secretary of State for Culture, Olympics, Media and Sport lists the building or informs the LPA that he does not intend to do so. Whilst the BPN is in place, the building is subject to the same protection as a listed building and any works to the building will require listed building consent. If works are carried out without listed building consent the LPA can take enforcement action or institute criminal proceedings. 2.05 If the decision is taken not to list the building, the LPA may not serve another BPN in respect of that building within 12 months of the decision. This does not apply if the Secretary of State takes no action in the six-month period, in which case the LPA can issue a further BPN. 2.06 If the service of the BPN is not followed by the building being listed the LPA is potentially liable to pay compensation. A claim for compensation must be submitted within 6 month of service of the BPN. This issue is explored further in section 7 of this report. 2.07 There is no statutory right of appeal against a BPN or a decision to list a building, but an informal review can be sought from the Secretary of within 28 days of the date of the BPN/decision. If an application for a listed building consent is refused or a Listed Building Enforcement Notice is served by the LPA, the appellant can include as a ground of appeal a claim that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Secretary of State. 2.08 If the BPN lapses then so do any listed building consents granted during the period of the Notice. However, the fact that the BPN has lapsed is not relevant to the issue of whether an offence was committed for failing to apply for listed building consent when the BPN was in force. 2.09 LPAs are encouraged to use BPNs to protect important buildings of value to society from being irretrievably lost or damaged without the authority first being able to consider its merits and any proposals for development. The process for ‘spot-listing’ a building by English Heritage can often take longer than the time taken to issue a BPN. 3.0 PLANNING CONSTRAINTS 3.01 There is a current Conservation Area Consent for demolition of the existing buildings on the site. There is a planning permission (lapsed) for development of the site for mixed office, retail and residential units. There is a current application for the extension of time on this planning application which was received prior to the date of lapse. 3.02 If the buildings are confirmed for listed building status, the extant and historic schemes would need to be amended to retain those structures listed. Planning Committee Report 25 March 2015 3.03 The proposals previously approved have been reviewed and the informal view is that the scheme could be adapted to provide similar provision while restoring and reusing the identified historic buildings for a useful purpose. 3.04 It should be noted that the listing of these buildings could be deemed to provide additional justification for the number of residential units proposed on the adjacent Wilkes Field site, currently the subject of an application submitted by the same applicant. 4.0 POLICY AND OTHER CONSIDERATIONS The National Planning Policy Framework (NPPF) National Planning Policy Guidance (NPPG) English Heritage guidance relating to Building Preservation Notices. Section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990. The site occupied by the buildings lies within an area identified for future development in the emerging Submission Site Allocations DPD. Were the buildings to be listed, there would need to be an additional consideration of the historic nature of the site when considering the future layout under its allocation. Such modification to the emerging policy can be recommended to the Secretary of State’s appointed inspector. 5.0 5.01 5.02 CONSULTATIONS English Heritage Have advised English Heritage on 11/03/2015 of the LPA’s intent to serve a BPN on the property. An application to list the buildings has been made to English Heritage 12/03/2015. KCC Senior Archaeological Officer (10/03/2015): The (KCCSAO) has considered the recently submitted historic buildings assessment report by Canterbury Archaeological Trust, and supplied follow up comments below. 5.03 The (KCCSAO) has noted that ‘CAT have observed probable surviving remnants of medieval structures as well as probable remains of the late 16th century range. Clearly there is a complex group of buildings here which remarkably include medieval building remains. This could be a rare survival and could be of considerable significance’. 5.04 The (KCCSAO) noted that ’part of the programme of archaeological works should include evaluation trenches and test pits but we perhaps need to more fully understand the location of the medieval and 16th century remains before these works proceed. 5.05 TWBC Legal Services Legal advice has been taken on this matter particularly regarding the use of urgent powers under the terms of the Council’s Constitution. Planning Committee Report 25 March 2015 6.0 APPRAISAL 6.01 The Canterbury Archaeological Trust Ltd have produced an Interim Report on the standing buildings within the site as required by Condition 21 of approved application 09/03349/FULMJ. 6.02 This document has highlighted the existence of a substantially complete late 16th century range which incorporates remnants, most likely of some medieval outbuilding along the western boundary of the plot, surviving in the form of sandstone footings in the South-East corner of this 16th century range. The structure was internally compartmentalised, probably for residential use, in the early to mid 18th century. These alterations themselves are of historic significance and have left the original structure of the 16th Century building primarily intact. Possible uses appear to be industry or storage. 6.03 The Interim Report goes into significant detail regarding this early structure and is attached to the rear of this committee report. 6.04 The Interim Report goes on to discuss a range of 18th and 19th century buildings which are all intimately associated with and attached by varying degrees to this early structure. These include: Probable remains of 18th Century outbuilding incorporated into later buildings 1834-35 ‘Assembly Room’ Early 19th Century Stable 1873 ‘Billiard Room’ with raised platform for viewing and pyramid roof and lantern light 6.05 Of these, the construction of the Assembly Room caused some damage to the 16th Century building including, across two bays, the loss of approximately 1m of existing wall and the rafters below purlin height. While this intersection of the two buildings has caused some loss this is limited and the complete form of the 16th Century building can clearly be discerned. The intersection also clearly shows the continued development of the back land for social community use and the continued relevance of the 16th Century building within the context of the use of the site. 6.06 Annex 2 to the NPPF defines a Heritage Asset as: A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. Heritage asset includes designated heritage assets and assets identified by the LPA (including local listing). 6.07 Para 135 of the NPPF states that the effect of an application on the significance of a non-designated heritage asset should be taken into account in determining an application. In weighing applications that affect directly or indirectly non designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. 6.08 At present the buildings subject to this report are not listed or locally listed. Nevertheless, they are considered to have a degree of significance for the reasons outlined in paras 6.01 - 6.05. Planning Committee Report 25 March 2015 6.09 Whilst planning application 09/03349/FULMJ has passed the five year period to commence development a submission for extension of time was submitted prior to the end of this 5 year period. Whilst the application for extension of time is not before Members and is due to be determined under delegated powers, its submission represents a threat to the building. At present, with the exception of the potential heritage considerations, there are not considered to be any material planning reasons why permission should not be granted as there is no significant conflict with the relevant criteria within the NPPF, the NPPG and the Development Plan 6.10 Conservation Area Consent application 10/01073/CAC remains live until 04.05.2015. The submission of applications to discharge the conditions on this extant permission show an intent to implement demolition. 6.11 The buildings could be demolished without the discharge of conditions , it would be in breach of planning control, but not a criminal offence. The next logical step would be to consider issuing an Enforcement Notice to remedy the breach. This would require the building to be re-constructed. However this is not likely to be practicable given 1) much of the potentially irreplaceable historic fabric would have been lost and 2) the materials may potentially have been removed from the site. There would ultimately be little the LPA could do to require its restoration. 6.12 In two separate conversations between officers and the site agents it became clear that the intent was to demolish at the earliest possible occasion 6.13 Phone conversation between Ruth Chambers and Site Agent week of 02/03/2015: Site agent stated that a date of demolition planned to be the 9th March but that he was willing to delay the start date until 23 March. Also mentioned in the conversation was the fact that the Agents were taking further legal advice regarding the implications of commencing demolition in breach of outstanding conditions on the 2010 CAC and the 2010 Planning Permission 6.14 Conversation between Mark Stephenson and Site Agent on site on 10/03/2015: Site agent indicated that he was only waiting for a bat license from English Nature before commencing the demolition and that could be through in the next week or two. 6.15 The effect of issuing this Notice is that a new Listed Building Consent application is needed to allow demolition of the heritage asset which is protected by the BPN. 6.16 Thus it is considered the criteria set out at Para 2.01 for issuing a BPN have been met. 7.0 Potential for compensation claim 7.01 Section 29 of Part 1 Chapter 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990 provides that compensation is only relevant if the BPN ceases to have effect without the building being listed by the Secretary of State. 7.02 Any person with an interest in the property at the time the BPN is served is entitled to claim compensation in respect of any loss or damage that is directly attributable to the effect of the BPN. It should be noted that there is no right to compensation for the loss of redevelopment potential. Planning Committee Report 25 March 2015 7.03 This will include, but is not limited to, a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding (cancelling) any works to the building on account of the BPN being in force. In this particular case, given the pending extension of time on the lapsed application, it is expected that the only direct claim could be in relation to any contract made between the building owner and any third parties in relation to its demolition. As the application to demolish the building is pending undischarged conditions, it can be argued it would have been premature for the building owner to enter in to any such contracts at this stage. 7.04 It should be remembered that there is no absolute right to compensation; it only applies following a successful claim and a claim can only be made if the building is not listed by the Secretary of State. If the LPA can justify and defend their reasoning for the issue of a BPN this would significantly reduce the risk of a potentially successful claim. 8.0 Human Rights Considerations 8.01 Human Rights Issues have been taken in to account especially Article 1 of the First Protocol (Right to enjoy property) relevant to this matter. It is considered the assessment and considerations in this report represent an appropriate balance between the rights of the land owner and the wider public interest in protecting buildings which are considered to be of special architectural or historic interest, which are threatened with demolition. 9.0 CONCLUSION 9.01 The LPA needed to balance the risk of permanently losing the buildings against the potential risk of an award of compensation and the deliverability of the development proposed for the site. It was evident that there was indeed a threat to the existence of the buildings. As a planning application has been received which proposes the demolition of the existing buildings, it was considered in danger of demolition in such a way as to affect its character as a building of special architectural or historic interest, such that the buildings could have been permanently lost. 9.02 The LPA has carried out a assessment of the historic value of the buildings (including a site visit and assessment of the Canterbury Archaeological Trust Interim Report). The risk of losing these heritage assets was, in this instance and having particular regard to these buildings, considered to outweigh the risk of a liability to pay compensation to the owner that a BPN attracts. It is considered that the historic buildings would not totally preclude redevelopment of the site but that alterations as to site layout and use would need to be considered in any subsequent planning proposals. 9.03 It was considered appropriate to request that the Secretary of State includes the buildings in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 – i.e. “lists” the buildings. It was therefore considered appropriate to serve a BPN in order to temporarily list the buildings. 9.04 Accordingly, Officers have drafted and served a BPN. 9.05 At the same time as serving the Notice officers have advised the Secretary of State that such a notice has been served (via English Heritage) and requested that the buildings are “listed”. Planning Committee Report 25 March 2015 10.0 RECOMMENDATION – To note the issue of a Building Preservation Notice for buildings A, B, C, D, and E identified on the Location Plan in Appendix 1 Appendices Appendix A Signed Building Preservation Notice with Location Plan Appendix B Canterbury Archaeological Trust Ltd, Interim Report Jan 2015, Former Cranbrook Engineer Works, Cranbrook, Kent Appendix C Delegated Report to Head of Planning Appendix D Site location plan with buildings identified
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