Agenda item

Recommended for Refusal.

Francis Aspin addressed the Committee in support of the application.

The Director of Neighbourhood Services recommended that, in respect of application 3/12/1395/FP, planning permission be refused for the reasons now detailed.

The Director referred Members to the additional representations schedule in respect of the National Planning Policy Framework (NPPF).  Members were referred in particular to the wording in the NPPF in respect of the value of community facilities and the role of the planning system in retaining such facilities.  The additional representations schedule also contained further comments from the applicant, which were broadly in line with his comments to Members at the meeting.

Councillor M Alexander referred to an application some 8 to 9 years ago when permission was granted to extend this premises to include 6 bedrooms, as the premises was generally buzzing with trade at that time.  He queried whether the current problems were solely due to the economic downtown.  He stated that he would be supporting the Officer’s recommendation for refusal.

Councillor D Andrews, as the local ward Member, stated that the Kick and Dicky had been a very vibrant and popular public house with a good atmosphere, however, this was certainly not the case now.  He referred to the loss of passing trade following a couple of extremely cold winters, expounded by the fact that this premises was in a small hamlet and had relied exclusively on that passing trade.

Councillor D Andrews reminded Members that, providing the A120 was not affected by accidents, the only way to access the Kick and Dicky was via untreated roads.  He referred to two nearby pubs that were located on well gritted routes with better car parking facilities and access.  Councillor D Andrews stressed that both of these pubs were in a much better position to promote themselves.

Councillor D Andrews referred to the level of local interest in this application; however, the pub’s status as a true neighbourhood facility was being called into question as the neighbourhood had not been using the Kick and Dicky for some time.

Councillor D Andrews stated that references had been made locally to the need for a pub or restaurant in the area.  He stressed however, that the 30 or so houses in Wellpond Green were insufficient to support such a provision.  He referred to other pubs in more densely populated neighbouring villages.

Councillor T Page stated that, in respect of sustainable countryside policies, the East Herts Local Plan Second Review April 2007 followed government policies in relation to sustainability and this pub was clearly no longer sustainable.  He stated that the application should be approved for the change of use.

Councillor Mrs R Cheswright stated that it was always a shame when a public house became unsustainable, especially in a rural area.  She commented however, that as the pub had been up for sale for two years without any immediate prospects of it being purchased, there seemed to be little alternative than to approve this application.

Councillor S Bull stated that whilst he was very sorry for the position the applicant was in, he was unable to support the application as once a rural pub was gone it was gone for good. 

Councillor M Newman commented that he could not think of a more remote location in East Herts than Wellpond Green.  He stated that the homes in the area were widely dispersed and there was no village centre or viable footpaths in the vicinity of this site, which was on the edge of the hamlet of Wellpond Green.

Councillor M Newman also emphasised that there was next to no passing trade or trade from locals in the evenings as this was not a village centre pub.  He stressed that these could be reasons to grant the application.  He stated however, that an approval could set a precedent and open the floodgates for similar applications across East Herts.

The Director provided clarification for Members in relation to the current status of the pub.  Whilst the venue was open for trade this was for a limited number of hours each week as opposed to being open at all regular opening times.  The Director advised Members that the Council’s Solicitor had referred to the National Planning Policy Framework (NPPF) in relation to this application.

Councillor D Andrews requested Members to consider the reality for the applicant that the pub had been open between 6 pm and 10:30 pm and had had no customers.  He referred to the reality of having to accept the loss of small rural post offices and red post boxes and Members should bear this in mind that the current situation was unsustainable for the applicant.

Councillor M Alexander reminded Members that approving this application would not just equate to the loss of a village pub, as the Kick and Dicky had also operated as a restaurant and bed and breakfast business with 6 bedrooms.

In response to a query from Councillor D Andrews, the Director advised that there had been insufficient evidence submitted to Officers to prove that another use on the site would be viable other than simply residential accommodation.  Members were reminded that, although references had been made to other public houses, the Committee should, in coming to a decision, only weigh up the issues relevant to this application.

Councillor D Andrews proposed and Councillor T Page seconded, a motion that application 3/12/1395/FP be granted on the grounds that the Kick and Dicky was no longer viable as a public house in Wellpond Green, Standon.

After being put to the meeting and a vote taken, this motion was declared LOST.

After being put to the meeting and a vote taken, the Committee supported the recommendation of the Director of Neighbourhood Services as now submitted.

RESOLVED – that in respect of application 3/12/1395/FP, planning permission be refused for the reason detailed in the report now submitted.