11/00713/F - Borough Council of King's Lynn & West Norfolk

The Sale
Full details of the sale process have been provided in the Planning Statement and additional
information. Offers have been invited to ensure that no interest has been deterred. An offer
was made at a level that the freeholders were prepared to accept, even though it was
significantly below the value of the property as a private house. However even though then
trading, no mortgage could be obtained.
An expression of interest has also been made by a further third party subject to finances
being acquired. To date that has not been followed up with a firm offer to purchase. It is
expected that finances have not been forthcoming.
A more recent offer for an option to buy has been tabled at a substantially lower price than
that referred to above with additional links to beer sales over a given period. This offer has
been rejected as being unacceptable and an unconditional cash basis offer has not been
responded to. The Council has limited in-house expertise in relation to commercial valuation
but an offer linked to beer supplies is rather unorthodox, and the owners’ stance is not
considered to be unreasonable.
The case officer concurs with the above findings.
Policies CS06 and CS10 of the Core Strategy of the emerging LDF are a material
consideration, which state that: within villages, priority will be given to retaining local
business/employment sites unless it can be clearly demonstrated that continued use is not
economically viable, or cannot overcome an overriding environmental objection, or a mixed
use can continue to provide local employment opportunities and also meet other local needs.
Given the marketing exercise that has been undertaken and the information submitted, it is
considered that on balance it has been demonstrated that the public house is no longer
viable and there are no demands for mixed use or other local needs to be met. The proposal
therefore accords with Policies CS06 and CS10.
It is noted that the West Norfolk Branch of CAMRA and a petition have been received
objecting to the loss of the public house, however the information regarding the marketing
and financial details are sensitive, considered as confidential and not available for third party
scrutiny. The assessment has been undertaken using the CAMRA tests and this level of
opposition was not forthcoming when the original application was processed and determined
in July 2010.
Other matters
County Highways raise no objection to the proposed change of use, subject to the vehicular
access to the premises being rationalised and removing the open forecourt parking. This
may be achieved by condition and would have the added benefit of improving the
appearance of the street scene. The re-instatement of the full footway with raised kerbing
across the site frontage is considered to be onerous as the pavement already exists. If a
boundary treatment is agreed closing it off effectively this would meet highway safety issues.
The site lies within Flood Zone 3 of the SFRA but it is a change of use to premises to a
slightly higher vulnerability classification; on the earlier application the Environment Agency
raised no comment. As a dwelling with a first floor refuge/accommodation the proposal is
considered to be acceptable in relation to PPS25.
11/00630/CU Development Control Board
25 July 2011
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