2) Enabling Development

The applicant alleges that the conversion and alterations of the brewery and No.
42 are not viable in economic terms in their own right and therefore a new build
element to provide additional residential accommodation is required to finance
the repair and refurbishment of the Listed Buildings.

In accordance with advice published by English Heritage in their policy
statement "Enabling Development and the Conservation of Heritage Assets"
(1999), the applicants have submitted a financial justification as part of the
application. The submission of a financial justification allows the consideration
of a proposal which would otherwise be contrary to other objectives or national
and local planning policy and which clearly establishes that the conversion of
the listed buildings on their own is not a viable option.

Following discussions with colleagues in other departments of the Council, the
Planning Manager considers that the economic justification and supplementary
information provided, indicates that a form of enabling development is required
in this instance in order to safeguard the future of the listed buildings. However,
to ensure that the development is undertaken as a whole in the interests of
protecting the future of the Grade II listed buildings, the applicants have advised
that they are willing to enter into a legal agreement, which requires that the
principal elements of the works of repair and alteration to the listed buildings are
undertaken or substantially completed prior to the occupation of any flat within
the new build development.

3) Principle of Residential Development

The application site is not located within an identified Zone of Opportunity or the
wider HMRI pathfinder boundary, therefore Policy H6 of the New Housing
Development Supplementary Planning Document is relevant to this
consideration of this application.

In essence, Policy H6 requires that proposed developments outside the HMRI
pathfinder boundary should provide significant demonstrable regeneration
benefits. Such benefits include the reuse of a listed buildings or proposals with
significant conservation benefits and the redevelopment of non-conforming uses
within a residential area which would result in significant improvements to
residential amenity. Having regard to the fact that site has been vacant since
2003 and that the external appearance of the steel framed portal buildings at
the rear are very poor, the Planning Manager is of the opinion that the proposal
would provide substantial regeneration benefits in terms of securing the long
term future use of the Listed Buildings and general improvements to this part of
the Gateacre Village Conservation Area.

Notwithstanding that the site has been marketed unsuccessfully for commercial
uses since its closure, the continued use or reinstatement of any industrial use
on the site whilst not necessarily requiring the consent of the Local Planning
Authority, is likely to have a detrimental impact on the amenity of the
surrounding residential properties in terms of the disruption and general noise
associated with an such a use. In addition, the site has an established
operators licence for HGVs, and therefore the continued use of the premises for
industrial purposes could result in HGV vehicles reusing the site more
intensively than previously. In these circumstances, the Planning Manager is of
the opinion that the removal of this non conforming use within a predominantly
residential area would have significant improvements to the residential amenity
of the surrounding properties.

In light of the above, the Planning Manager is satisfied that the proposal would
provide demonstrable regeneration benefits and would not undermine the

overall HMRI objectives.

continued . . .