Resolved that application 20220594 be APPROVED subject to planning conditions.

The Committee was presented with application 20220594 - The Amazon and Tiger, Harvel Street, Meopham.  The proposal related to a two-storey side extension to the pub that was granted as a Bed & Breakfast ancillary to the use of the public house in March 2015. As the Public House was currently closed, it was not possible to operate the B&B ancillary to the Public House. The applicants were therefore applying for a Section 73 application to vary condition 4 of the previously permitted application 20140008, so the B&B use was no longer ancillary to the Public House. 

Members were informed that the Public House ceased operation in April 2021 and the B&B ceased operation in October 2021.

The Planning Officer informed the Committee that the site was located in the Green Belt and the Harvel Wooded Downs Landscape Character Area. Members were advised that the variation of the condition would not result in any external alterations to the building and therefore would have no detrimental impact on the character and appearance of the street scene, surrounding landscape or openness of the Green Belt.

The Planning Officer advised Members that, as this application was a Section 73 application, only issues relating to the variation of condition 4 could be considered and no other matters pertaining to the original application, or the wider site could be considered by the Committee.

The recommendation was for approval subject to conditions.

The Committee was invited to ask questions for clarification and raised the following:

·         Members queried what was meant by the term ‘ancillary to the public house’ and whether there would be the option for the public house to open and operate as a pub in the future.  The Planning Officer explained that when the previous planning permission was granted in 2015, it was to operate as a public house with the B&B as an ancillary operation.  Now the public house was closed the B&B was not allowed to operate as it was no longer ancillary to the pub. However, the proposed change to the condition would not prevent the Public House from reopening in future.

·         Further clarification was sought from Members as to whether the building would become residential or part residential, by removing the fact it was ancillary to the public house.  The Planning Officer confirmed that with the existing permission, the B&B was not permitted to operate if the pub was closed and not active. The proprietor now wanted to solely run the B&B whilst the pub was not in operation.  The Service Manager (Planning) assured the Committee that any changes to convert the B&B to a residential dwelling would require a planning application to be submitted to the Council, as the proprietor would have to apply for change of use. By agreeing that the B&B was no longer ancillary to the Public House it would mean that the B&B could operate on its own with the option to re-open the pub remaining. 

The Service Manager (Planning) went on to say that the original condition in the permission, granted previously, stated that the ancillary B&B should not be a separate entity.  If the Section 73 application was agreed (that the B&B use was no longer ancillary to the Public House), under the proposed new condition, the B&B could not be separated from the public house and sold or rented for another purpose. 

The Committee heard the views of the registered speakers against the application.  Following questions from Members, the speakers informed the Committee that they were concerned that if permission was granted it would give the proprietor ammunition to sell the property as the new proposed permission would make the property easier to sell to developers.  The speakers felt that a B&B would not be viable in Harvel without the pub element, as there were no other pubs or restaurants in the vicinity.

The Committee heard the views of Cllr Ejaz Alsam, Ward Councillor for Meopham South and Vigo.

Following discussion, the following points were raised:

·         Members observed that sadly nationally a lot of public houses were closing and having to diversify or face going out of business.  It was mentioned that there was still the facility of a bar in the vicinity at the local cricket club.

·         Whether the B&B could run as a viable business without the pub.  The Planning Officer reiterated that only issues relating to the variation of condition 4 could be considered and no other matters pertaining to the original application, or the wider site could be considered by the Committee.

·         Members pointed out that the local residents had concerns that if the B&B was no longer ancillary to the public house, what the future would hold in relation to the site and felt assurance must be given, that safeguards were in place from a planning perspective. The Service Manager (Planning) reiterated that there was a condition to the application that stated that the B&B could not be separated from the public house and sold/rented.  The Council as the Local Planning Authority would need to utilise its powers to monitor and enforce the condition as appropriate.

·         It was pointed out that the public house had been a viable business but the Landlord had chosen to retire and this may be why the choice was made to solely operate as a B&B. 

·         The Chair observed that if the application was not agreed then this would deprive the local rural area of a leisure and B&B facility.  Under the revised condition, the local authority would have control of any future use, so there was protection in place.  The variation of the condition ensured that the public house could be reopened in its entirety in the future if the proprietor so wished.

Resolved that application 20220594 be APPROVED subject to planning conditions.