Agenda item

Retrospective Application for Change of Use from Dwelling (Use Class C3) to Bed and Breakfast (Use Class C1), Lion House, Victoria Street, Combe Martin, Ilfracombe, Devon, EX34 0LZ. Report by Head of Place (attached).

The Committee considered a report by the Head of Place (circulated previously – now appended).

Following the site inspection undertaken by the Committee on 4^th October 2019, the Senior Planning Officer clarified the number of properties that accessed Kiln Lane which were as follows: 10 authorised residential properties, 4 unauthorised residential properties, farm at the top end of the lane and one building which was used for storage and distribution.  The authorised residential properties generated 6 to 8 vehicle movements per day, therefore the maximum movements would be between 60 to 80 per day.  The number of vehicle movements for the farm was unknown.  The vehicle movements for the unauthorised residential properties were between 24 to 32 per day and between 4 to 6 for the holiday unit.  The consent of the application could potentially generate a 30% increase in vehicle movements for authorised uses.

The Senior Corporate and Community Services Officer read a letter received by the Chair from Combe Martin Parish Council to the Committee in support of the application.

Andrew Bates (applicant) addressed the Committee.

The Highways Officer (PY) advised that he was in agreement with the applicant that the standard method had been used to calculate the number of vehicle movements per day.  The calculation made had been based on the location of the site.  It was not considered that the number of vehicle movements calculated would be as high as calculated.  Although it was acknowledged that the applicant marketed the property for cyclists and walkers, it would still generate additional traffic movements and 16 to 20 movements per day were considered to be significant.  The arrangement of Kiln Lane and the horizontal alignment and inadequate visibility from the junction with the A399 were substandard which may result in incidents due to the highway deficiency.  This has been reinforced by a dismissed appeal for a new dwelling with access off of Kiln Lane.  The critical question was whether it generated additional traffic and the proposal would result in additional traffic.  The A399 was a high road class and was restricted to 30mph.  If an accident occurred with a vehicle travelling at this speed it would result in an impact of vehicles and pedestrians.

In response to questions, the Senior Planning Officer advised that the property had five bedrooms.  If a home owner provided less than half of the bedrooms for bed and breakfast, this would not constitute a material change of use.  However, in this case only one bedroom would be used by the owner and four would be used for bed and breakfast and along with the amenity use and the number of vehicle movements generated constituted a material change of use.  The classification of the property was C3, residential property.  Airbnb was a marketing tool and not a use classification of a property.  Previously the property was a public house and in 2002 was changed to a residential use.  If the property was to revert to a public house it would result in a material change of use.

In response to a question, the Lead Planning Officer advised that an advisory note could be recommended requesting the applicant to provide safety advice to customers regarding the use of the Kiln Lane junction with the A399 for accessing and egressing the property.

In response to a question, the Highways Officer (PY) advised that other commercial and tourist venues provide guidance on their websites and literature regarding accessing the venue.