B/13/0165
BOSTON BOROUGH COUNCIL
Planning Committee 28 May 2013
Reference Number:
Application Type:
B/13/0165
Application Expiry Date
Full Planning Permission
Proposal Description
Application for change of use of first and second floors from Assembly and
Leisure (Class D2) to mixed Assembly and Leisure and use as a nightclub
(sui generis)
At:
Assembly Rooms, Fish Hill, Boston, Lincolnshire, PE21 6NN
For:
Activ Leisure Ltd
Third Party Reps:
Author of Report:
Parish:
Ward Name:
Trevor Thompson
Date of Report:
21 June 2013
Boston Town Area Committee
Witham
1 May 2013
MAIN RECOMMENDATION: DELEGATION TO GRANT
1.0
REASON FOR REPORT
1.1
This report relates to an application for a prominent, key town centre listed building which was
until recently owned by this Council. The application can therefore be of public interest and thus
it is appropriate for it to be determined by Committee.
2.0
APPLICATION AND SITE DESCRIPTION
2.1
The application site consists of the Assembly Rooms which is a Grade II* listed building, located
within the Boston Conservation Area, next to the Town Bridge on the Market Place. There are a
significant number of listed buildings within the proximity of the town, including the White Hart
Hotel on the opposite side of The Haven, the Britannia public house and the Stump and Candle
public house, both of which are nearby.
2.2
The building includes a number of retail and non retail uses at ground floor along with assembly
and leisure uses on the first and second floors. The building also includes the former public
toilets at the north western end of the building. The entire first and second floor and part of the
ground floor are now closed and in need of significant investment.
2.3
This application is for the change of use of the first and second floor of this building essentially
to provide an entertainment venue consisting of a mix of assembly and leisure uses and a night
club. Currently the existing uses include dinner dances, private parties, business lunches,
staged entertainment, club meetings etc. Such uses normally fall within use Class D2Assembly and Leisure. A night club however does not fall within any Use Class and is defined
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B/13/0165
as ‘sui generis’- hence the need for the submission of this application. The Design and Access
Statement which accompanies the application indicates that separate proposals are being
considered by the applicant with a view to introducing further retail and food businesses on the
ground floor but these are yet to be the subject of an application.
2.4
The stated hours of operation for the building are 9am until 3.30am, seven days a week. This
does not mean that the building will be open as a night club seven days a week. Although the
night club is likely to operate on a Thursday, Friday, Saturday and Sunday, it does enable the
building to be used for private functions such as wedding receptions or parties on other nights
of the week when the night club is not being used. It is anticipated that this development may
generate a minimum of 35 new jobs, which will include a mixture of full and part time positions.
3.0
PLANNING HISTORY
3.1
Apart from various application for changes of use on the ground floor for commercial operations
and listed building consent for minor works, there have been no previous planning or listed
building applications which are relevant to this current application. It is however anticipated that
an application for listed building consent will be submitted for various internal and external
works to facilitate the proposed change of use in the near future.
3.2
PLANNING LEGISLATION
3.3.
Section 66 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act
1990 places a duty on Local Planning Authorities when considering whether to grant planning
permission for development which affects a listed building or its setting, to have special regard
to the desirability of preserving the building or its setting or any features of special architectural
or historic interest..
3.4
In addition, section 72 of the Act places a duty on a Local Planning Authority to pay special
attention to the desirability of preserving or enhancing the character or appearance of a
conservation area.
3.5
S.38 (6) of the Town and Country Planning Act 1990 requires that determinations (of planning
applications) ‘must be made in accordance with the plan unless material considerations indicate
otherwise’.
4.0
PLANNING POLICY BACKGROUND
4.1
The development plan consists of the saved policies of the Boston Borough Local Plan
(Adopted 1999). The site is located within the Boston General Business Area (GBA) as defined
in the Local Plan
4.2
The saved Local Plan policies of relevance to this application are as follows:
 Policy G1 – Amenity (This policy seeks to resist development that will harm the amenity of
nearby residents or the general character of the area).
 Policy RTC8 - Town Centre Land Uses (This policy is permissive of changes of use in the
General Business Area to retail, leisure, office, and residential development subject to
relevant criteria being met)
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 Policy CF3 – New Community Facilities (This policy is permissive of new community or
social facilities on sites within settlements provided that the proposal will not cause
unacceptable traffic or parking problems, will not cause unacceptable harm to the amenities
of neighbouring land users or to the character and amenities of the area, in terms of scale,
layout, design and materials).
4.3
There are no saved Local Plan policies in respect of development in Conservation Areas or in
respect of listed buildings.
National Planning Policy Framework (2012)
4.4
Para 131 of the Framework states: ‘In determining planning applications, Local Planning
Authorities should take into account:
 The desirability of sustaining and enhancing the significance of heritage assets and putting
them into viable uses consistent with their conservation.
 The positive contribution that conservation of heritage assets can make to sustainable
communities including their economic vitality.
 The desirability of new development making a positive contribution to local character and
distinctiveness’.
4.5
Para 132 states :‘When considering the impact of a proposed development on the significance of
a designated asset, great weight should be given to the assets conservation. The more
important the asset the greater the weight should be. Significance can be harmed or lost through
alteration or destruction of a heritage asset or development within its setting….'
5.0
REPRESENTATIONS
5.1
No representations have been received at the time of writing this report. The date for making
representations expires on the 5th June 2013.
6.0
RELEVANT CONSULTATIONS
6.1
The County Highway Authority has no objections
6.2
Environmental Health Manager has no objections subject to three conditions
7.0
PLANNING ISSUES AND DISCUSSION
7.1
The main planning considerations in the determination of this application are:




Policy interpretation
Impact on the listed building, setting of nearby listed buildings and the character of the
Boston Conservation Area
Impact on amenity
Impact on highway safety
Policy interpretation
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7.2
The site is located within the Boston Conservation Area and the General Business Area as
defined with the Boston Local Plan. Policy RTC8 of the saved Adopted Plan relates to change
of uses within the General Business Area. It is permissive of a change to retail, leisure, office,
and residential subject to the development not interrupting a shopping frontage or harming the
retail character of the area. The criteria of this policy relating to floor-space in defined locations
or ‘shopping frontages’ are not relevant since the Assembly Rooms is not located along a
protected frontage and this proposal relates to the first and second floor of this building. The
only part of RTC8 that is relevant is to do with the scale and architecture being in keeping with
the town centre character.
7.3
The applicant considers that the for the majority of the time, the building will continue to be used
for a wide variety of private and public social functions including community based activities
such as clubs and meetings, blood donor sessions, coffee mornings and Weight Watchers.
Thus, Local Plan Policy CF3 which relates to new community facilities in settlements will be
relevant to this application. Policy CF3 is criteria based policy which is permissive of new
community facilities provided that the development would not cause unacceptable traffic or
parking problems or harm to the amenities of nearby land users or residents and is compatible
with the character of the area.
7.4
Policy G1 resists development that would ‘substantially’ harm the amenity of nearby land users
or residents or the general character of the area.
7.5
It is considered the proposed entertainment facility consisting of mixed assembly and leisure
uses and a night club is ideally located within the town centre and will be compatible with the
existing commercial uses of the ground floor of this building and other commercial uses within
the proximity of the site. The principle of this form of entertainment venue, having regard to the
existing use of this building is acceptable and will help to enhance the rich variety of uses within
the town centre in accordance with the objectives of Local Plan policy RTC8 and the NPPF.
However, the site is close to the White Hart Hotel and customers of this hotel may experience
some noise disturbance during late night and early morning that may be generated by the
proposed night club. This issue along with assessment against development plan policies G1
and CF3 are discussed further below.
Impact on the listed building, setting of nearby listed buildings and the character of the
Boston Conservation Area
7.6
The Assembly Rooms is a Grade II* listed building. Whilst the proposed internal alterations to
the building to mitigate against noise disturbance may be necessary and acceptable in planning
terms, the impact that these changes may have on the historic integrity of this listed building will
be fully assessed at the time the application for listed building consent for these alterations is
submitted.
7.7
The NPPF (2012) recognises the desirability of sustaining and enhancing the significance of
heritage assets putting them into viable uses consistent with their conservation. Although the
assembly rooms are not at risk, the building is not in good condition. This development will
assist significant investment into the upkeep and renovation of this building and will help ensure
its longevity.
7.8
Over the years the building has been used for a variety of assembly and leisure uses, both
public and private and the proposed use of the upper floors of this building may be seen as a
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natural extension of this facility. It is considered that the proposed use will not affect the setting
of this building or the setting of the nearby listed buildings.
7.9
The site is within the Boston Conservation Area, in an area that is characterised by a mixture of
commercial uses, including clubs and pubs which fit harmoniously within the night time
economy of the town centre. It is considered that this development will add to the rich tapestry
of commercial uses within the town centre and will not pose as an intrusion to the character of
the Boston Conservation Area.
Impact on amenity
7.10
There is residential accommodation within the upper floors of properties within the vicinity of the
site which the applicant has identified as part of the noise report and there is The White Hart on
the opposite side of The Haven. The occupiers of these properties and paying guests of the
hotel may experience some levels of noise as a result of people arriving or leaving the premises
during the early hours and from noise generated by amplified music, especially at times when
the upper floors are used as a night club. It should however be remembered that this building
has been used for assembly and leisure uses for many years which has involved significant
numbers of people attending and leaving outside of normal hours and often has included the
operation of amplified music. This may carry on regardless of the outcome of this application. It
should also be noted that the proposed night club element of this application will account for
only a small overall proportion of the use of the building.
7.11
An acoustic report has been submitted with the application which recommends that the sashes
and all of the window and french door woodwork be overhauled and checked to ensure that all
are well fitting and that sashes and doors are then sealed into the frame using an acoustic
sealant. This is to remove any gaps in the original structure. It is also recommended that
acoustic shutters are fitted behind all of the windows and doors to the facades of the first and
second rooms of this building. These internal alterations will need to be the subject of a
separate listed building application.
7.12
The Environmental Health Manager has no objections subject to the conditions set out in the
recommendation.
Impact on highways
7.13
The site lies within the town centre, close to existing public car parks and the taxi rank which
lies opposite the site in the Market Place which will serve patrons of the proposed use. This
development will not harm highway safety and the County Highways Authority has raised no
objections.
Conclusion
7.14
The NPPF (2012) sets out a presumption in favour of sustainable development and this
includes ensuring the vitality of town centres, support for healthy, strong and vibrant
communities and the desirability of sustaining and enhancing the significance of heritage
assets. It is considered that this development is a natural addition to the existing mixed
assembly and leisure uses of this building which will not, subject to conditions designed to
minimise noise disturbance, harm amenity, undermine the character of the conservation area,
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the setting of other listed buildings or highway safety. It is therefore recommended that
permission be granted subject to the conditions set out below.
8.0
8.1
RECOMMENDATION: DELEGATION TO GRANT
Since the consultation period does not expire until 5 June, I would seek a delegation from
Committee to determine this application in accordance with this recommendation upon the
expiry of that period unless any significant new representations which raise issues which have
not been considered by this report are received.
1
The development hereby permitted shall be begun before the expiration of three years from the
date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country Planning Act
1990.
2
The noise level from the night club hereby approved shall not exceed a level equivalent to the
NC35* rating curve (as measured in accordance with the table attached to this permission) at
the façade of any neighbouring residential property, including the White Hart Hotel.
Measurements shall be made in accordance with BS7445-1:2003.
Reason: In order to minimise noise disturbance, in the interests of amenity and to accord with
the objectives of Local Plan Policies G1 and CF3
3
No part of the premises shall be used as a night club until a Noise Limiter has been installed by
an acoustician or similarly qualified person in accordance with details (to include its design and
specification and the location where it is to be sited) that have been submitted to and approved
by the local planning authority. The approved Noise Limiter shall thereafter operate at all times
in association with the night club when the night club is open to the public.
Reason: In order to minimise noise disturbance, to protect the character of the Conservation
Area, in the interests of amenity and to accord with the objectives of Local Plan Policies G1 and
CF3
4.
There shall be no installation of any air-conditioning system until the details have been
submitted to and approved by the local planning authority.
Reason: In order to minimise noise disturbance, to protect the character of the Conservation
Area, the special interest of the listed building and in the interests of amenity and to accord with
the objectives of Local Plan Policies G1 and CF3
REASON(S) FOR GRANTING PLANNING PERMISSION
Planning Permission has been granted because this is a sustainable form of development
located within the town centre and is an acceptable addition to the variety of Assembly &
Leisure and other uses that may already be conducted within this Grade II* listed building. The
development will assimmilate within the General Business Area and will not harm the character
of the conservation area nor the setting of nearby listed buildings. The development will also
revitalise and assist in the renovation of this listed building and will enhance the night time
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economy and vitality of the town centre. The development therefore complies with the
objectives of the Adopted Boston Borough Council Local Plan Polices G1, RTC8 and CF3 and
the objectives of the NPPF (2012).
The statutory development plan for Boston Borough comprises the saved policies of the Boston
Borough Local Plan April 1999.
The relevant development plan policies in the grant of this permission are:
Boston Borough Local Plan
 Policy G1 – Amenity
 Policy RTC8 - Town Centre Land Uses
 Policy CF3 – New Community Facilities
Informative: The applicant is reminded that any intrenal or external works which affect the
special historic or architecturtal interest of this listed building will require listed building consent
and this planning approval should not be taken to indicate that such application(s) will
necessarily receive consent.
Paul Edwards
Development Control Manager
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