Agenda item

The Chairman introduced the next application for consideration, planning application number 147511 for change of use from a public convenience block to a Café (Use Class E) with external alterations and creation of a bin storage area, at Whittons Gardens, Caskgate Street, Gainsborough. The Officer explained that since the report had been published, 26 late objections and one letter of support had been received from residents of Gainsborough and surrounding villages, these had been received outside of the statutory consultation period. In summary, the objections stated that the buildings should be brought back into use as toilets, there were too many existing cafes in Gainsborough and that the proposal would affect the trade of those existing cafes. The objections had been published on the website and did not change the recommendation to approve the application.

Following the officer presentation of the application, the Chairman invited the registered speaker, Mr Matt Deakins, Agent for the Applicant, to address the Committee.

Mr Deakins provided some background to the site, highlighting that the public toilets had been closed since 2011 and suggesting that if there had been high demand for them to be re-opened it would have been raised prior to 2024. He also noted that there would be toilet facilities for customers in the new proposals. Mr Deakins noted that should the application be approved, it would bring back into full use a currently vacant building, and be a key aspect of the wider improvement schemes along the riverside and through into the town. The intention was to maintain as much of the originality as possible, using natural tones and hues to match with the surroundings. The Committee was asked to see the application as the improvement work it was, and show their support.

Members of the Committee expressed their agreement with the application, highlighting the current building as a derelict eyesore and welcoming the opportunity to rejuvenate the area. In response to an enquiry regarding the incorporation of energy efficient measures in the proposals, it was confirmed this could be included as a note to the applicant to encourage the use of such measures.

With widespread support, the officer recommendation was proposed and seconded on, and, on taking the vote it was unanimously agreed that permission be GRANTED subject to the following conditions.

Conditions stating the time by which the development must be commenced:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: To conform with Section 91 (1) of the Town and Country Planning Act 1990 (as amended).

Conditions which apply or require matters to be agreed before the development commenced:

None.

Conditions which apply or are to be observed during the course of the development:

2.With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the details and Page 70

materials specifications as shown on the approved plans and any other document forming part of the application:

·         Proposed Site Plan and Location Plan- RD: 5281-05-B received 26/10/2023;

·         Proposed Floor Plan (Café)- RD:5281-02 A received 26/10/2023;

·         Proposed Elevations (shutters open)- RD:5281- 04 Rev C received 19/01/2024;

·         Proposed Bin Store- RD:5281- 10 received 09/02/2024.

Reason: To ensure the development proceeds in accordance with the approved plans.

3. The development shall be carried out in accordance with the submitted Flood Risk Assessment (reference: ‘1208250 Version 1,’ dated 22 Jan 2024, compiled by Ross Davy Associates). In particular, the finished floor levels of the café shall be set no lower than the existing level, at 6.5 metres above Ordnance Datum. The measures detailed shall be retained and maintained thereafter throughout the lifetime of the development.

Reason: To reduce the risk of flooding to the proposed development and future occupants in accordance with Policy S21 of the Central Lincolnshire Local Plan.

4. The café hereby approved shall not be occupied until details of the proposed opening times have been submitted to and approved in writing by the Local Planning Authority. The café shall only be open during the approved times.

Reason: To safeguard the residential amenities of nearby residents in accordance with policy S53 of the Central Lincolnshire Local Plan.

5. Prior to the café being first being brought into use a Flood Warning and Evacuation Plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be occupied in accordance with the approved details.

Reason: To ensure the occupants are safe in a flooding event in accordance with Policy S21 of the Central Lincolnshire Local Plan.

Conditions which apply or relate to matters which are to be observed following completion of the development:

6. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 2015 or any orders revoking and re-enacting those Orders, this permission shall relate to the use of the building as a Café (Use Class E b)) and for no other use including those described in Use Class E as defined by the amended Use Class Order 1987.

Reason: As the application was considered on this basis and was found to acceptable and to allow Local Planning Authority to assess alternative uses and the impacts they may have upon the area and residential amenity in accordance with Policies S53 and NS73 of the Central Lincolnshire Local Plan.

Note:              Councillor D. Dobbie returned to the meeting at 7.31pm