12/00605/VAR Patshull Hall Ltd. PATTINGHAM & PATSHULL. Patshull Hall Patshull Park Burnhill Green Wolverhampton South Staffordshire WV6 7HY

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1 12/00605/VAR Patshull Hall Ltd. PATTINGHAM & PATSHULL Patshull Hall Patshull Park Burnhill Green Wolverhampton South Staffordshire WV6 7HY Use of basement, ground floor rooms and outdoor areas for uses within D1 & D2 and use of outer courtyard for related visitor parking. Vary conditions 11 and 12 of planning permission 10/00718/COU 1. SITE DESCRIPTION AND PLANNING HISTORY 1.1 Site Description Patshull Hall is a Grade I Listed Building, which was built to designs by architect James Gibbs for Sir John Astley in about The estate was acquired in 1765 by Sir [later Baron] George Pigot. Subsequently in the mid-19th century it was sold to William Legge the Fifth Earl of Dartmouth and occupied by his son Viscount Lewisham who altered it to designs by William Burn in the 1880s The hall sat in extensive planned parkland some 340 acres created by Capability Brown. It included a large serpentine lake which now lies in the area which was sold off separately to accommodate a golf club and hotel. However the immediate formal landscape and garden setting has been retained The house was used as a rehabilitation centre in the 1940s, an orthopaedic hospital up to the 1980s and in 1990 the estate was broken up, the house was briefly used as a school but by 1996 had deteriorated so badly that it appeared on the English heritage list of Buildings at Risk Patshull Hall was bought in 1997 as a restoration project and was subsequently removed from the Buildings at Risk and became a venue for weddings, events, conferences The main façade is three storeys with seven bays, three of which are pedimented with tower wings The layout of the hall includes a formal triumphal entrance arch which is Grade I Listed in its own right which leads into what is usually called 'the inner courtyard'. Either side of the inner courtyard are two wings of the hall - the East Wing and the West Wing. Both of these wings operate as separate residential units with front doors and principle living room windows facing onto the inner courtyard. The formal entrance to the hall is also located in the inner courtyard The East Wing is in the full ownership of the applicant as is the large first floor flat of the main hall. There are a range of formal rooms within

2 the hall which are used by the applicant and for wedding and other receptions that are held there The West Wing is a separate residential unit in private ownership which I understand was sold as a 199 year lease. The front door of the West Wing is on the façade facing the inner courtyard as are several principle bedroom windows There are a number of other residential units which are occupied by lessees and tenants which are in buildings attached to the Triumphal Arch or the East Wing and other units that are in the grounds nearby. The walls and gate piers to service the courtyard were recently, but are no longer, on the Heritage at Risk Register. 1.2 Planning History The following determined applications are considered to be the most relevant to the present application , change of use and conversion to 22 dwellings, approved (98/00028 and 98/00001) , change of use and conversion to 27 dwellings, approved (98/00765 and 98/00041) , temporary 3 year use of specified basement and ground floor rooms and outdoor areas for uses within D1 and D2 and use of the outer courtyard for related visitor parking, approved subject to a S106 Agreement (not completed) (01/01029) , change of use and conversion of stables, coach house, triumphal arch and laundry block into 9 dwellings, approved (01/01059) and 01/01060) , alterations to second floor to provide 1 apartment and provision of 2 parking spaces, approved (02/00345 _ 02/00346) , alterations to part basements, ground and first floors to provide 5 apartments and 10 garages and parking spaces, approved (02/00714 and 02/00715) , use of basement, ground floor rooms and outdoor areas for uses within D1 & D2 and use of outer courtyard for related visitor parking, approved (10/00718) There are a further two applications which are being considered at the present time , deletion of conditions 9 & 13 and variation of condition 10 of 10/00718/COU to permit erection of marquee and playing of amplified music in connection with up to 15 outdoor events per calendar year (12/00718/VAR) - pending consideration , use of parts of outer courtyard for residential occupier and visitor parking (12/00719) - pending consideration There is a recent Planning Enforcement history which relates to breach of conditions in respect of the use of a marquee for a number of events and the use of amplified music associated with the use of the marquee. There have also been a number of instances where it seemed that parking had taken place within the inner courtyard associated with events rather than being associated with the residential occupation of the

3 various parts of the Hall for which it is understood to be reserved. The outer courtyard is the area where event parking should take place under the conditions of the planning permission and the use of any marquee/s was specifically excluded by condition. 1.3 Pre-application Discussions Discussions were held regarding the need for planning permission to assist regularise the current position. 2. APPLICATION DETAILS 2.1 Proposal The application relates to a change to the wording of two conditions of the original permission which was to allow the use of parts of the southern section of the Hall for Use Classes D1 and D2. The permission allowed the use of the hall for weddings, conferences, training courses, fayres, exhibitions, filming, dance etc classes, charity events, parties and other celebrations and was limited to 50 a year with all guests leaving by midnight The rooms permitted to be used are at basement and ground floor levels. The area within the inner courtyard and gate house would also be used for limited parking and delivery. Parking in the outer courtyard is also permitted along with access around the eastern side of the Hall and access to Rushy Lane to the north The conditions this application seeks to change are: - Condition 11 "No parking of vehicles associated with any event shall take place other than within the northern two quadrants of the Outer Courtyard and on land edged red to the north, all as shown cross hatched on the approved revised site location plan, unless otherwise previously agreed in writing by the Local Planning Authority." - Condition 12 "With the exception of supplier's vehicles and the drop down and pick up of disabled guests, no parking of vehicles associated with any event shall take place within the Inner Courtyard" The requested amended wording of condition 11 in the application is "Other than provided for in Condition 12 below, no parking of vehicles associated with any event shall take place other than within the northern two quadrants of the Outer Courtyard and on land edged red to the north, all as shown cross hatched on the approved revised site location plan, unless otherwise previously agreed in writing by the Local Planning Authority." The requested amended wording of condition 12 in the application is "With the exception of suppliers vehicles; vehicles in use by guests staying overnight in the Hall and associated with a particular event; the drop down and pick up of disabled guests and of a wedding party including

4 the bride and groom; no parking of guest's vehicles associated with any events shall take place within the inner courtyard." 2.2 Agent Submission There is no supporting information accompanying this application other than what is written on the application form in the original application the following statements were included which are of relevance to the current application to vary the conditions: a. Use of the grounds - there have been no instances over the past 8 years where privacy or security of existing residents has been compromised, following appropriate marshalling and signage. b. Car parking hours of operation - the inner courtyard is reserved for occupiers of individual residential units, so the outer courtyard will be the primary parking location. The degradation of parts of the grassed areas is due to the provision of underground services. Prior to this the outer courtyard accommodated the required parking without degradation to the surface or detriment to the amenity of the adjacent residents. Areas immediately adjoining residential properties could be cordoned off to prevent visitor parking, but in practice the parking is marshalled at the start, during and at the end of each event. c. Hours of operation - for the larger events many visitors arrive and depart by coaches, minibuses or taxis. Numbers are limited by the extant licence. The applicant is only aware of one complaint about noise in the past; any concerns expressed to the applicant have been immediately addressed. Any fears of neighbours can be allayed by the applicant, by appropriate planning conditions, existing licence or other legislation. d. There is actually provision in the leases re. most of the residential units that have reserved parking, for alternative parking to be provided (in the outer courtyard) during an event so that the inner courtyard is unoccupied. This is enacted for most events for health and safety etc. reasons. e. Parking associated with the event is to be limited to the two northern quadrants of the outer courtyard with any overspill adjacent to the drive to the north. f. Operational Manual [short summary] - to ensure the retention of main features of the Hall, minimise impact of the use, protect floors, restrict access, fire safety, maintenance, delivery, services for events, car parking, event staffing and maximum number of people attending. 3. POLICY CONTEXT 3.1 Designations Within the West Midlands Green Belt.

5 3.1.2 Thee area is designated a Historic Landscape Area Patshull Hall and the Triumphal Arch are individually Grade I Listed Buildings The parklands lie within the Registered Patshull Hall Estate and Parkland. 3.2 South Staffordshire Local Development Framework Core Strategy adopted 11th December CP2 - Protecting and Enhancing the Natural and Historic Environment; EQ3 - Conservation, Preservation and Protection of Heritage Assets CP4 - Promoting High Quality Design; EQ9 - Protecting Residential Amenity; EQ11 - Wider Design Considerations 3.3 National Planning Policy Framework Part 7 Requiring good design. Part 12 Conserving and enhancing the historic environment paragraphs 126 to 141 Paragraph 160 [understanding business needs] 3.4 Supplementary Planning Documents Village Design Guide, 2009 [South Staffordshire Council] Planning for Landscape Change,2000 [Staffordshire County Council 3.5 Other Documents Patshull Hall Estate & Parkland, South Staffordshire Council Plan A Tourism Strategy for the District of South Staffordshire 4. CONSULTATION RESPONSES 4.1 Councillor consultation period expired Conservation Officer Patshull Hall and the Triumphal Arch are Listed Grade I; four other elements of the site are Listed Grade II* and five elements are Listed Grade II. The parkland of the hall and the golf course is also Listed. There is no concern in respect of these proposed changes, other than Condition 12: " vehicles in use by guests staying overnight in the Hall and associated with a particular event". The inner courtyard is defined by Patshull Hall and the Triumphal Arch, which are linked by buildings and walling so that the inner courtyard has the highest degree of protection in the District as a result of its heritage value. Thus the space is very sensitive to change. The surface treatment of the inner courtyard should be durable enough to withstand the uses proposed; consideration should be given to demarcating parking bays and

6 restrictions should be used to prevent entry or exit of vehicles of a height, width or length which might damage the Triumphal Arch. 4.3 English Heritage No comments to make. 4.4 County Highways No Objection. 4.5 Pattingham and Patshull Parish Council - No response received - expired Representations received Neighbour Objection from a neighbour as the proposal would allow noise to be generated from the guests cars directly outside their home. The source of noise would be doors being closed, revving engines, voices, and there would also be disturbance from headlights. Cars often park directly in front of the door to their property and guests are unsure as to which part of the building they should be in; smoking in the courtyard also takes place; the existing conditions would work well if they were enforced; residents should not have to move cars out of the inner courtyard during events; experience to date is that the events are not adequately monitored to protect residential amenity; any change will limit residential quality of life Solicitors letter registering an interest on behalf of resident. 5. APPRAISAL 5.1 Key Issues - Planning History - Heritage Matters - Residential Amenity - Representations 5.2 Planning History The planning permission at Patshull Hall for the conversion of the stables, coach house, triumphal arch and old laundry unit into nine dwellings, application reference 01/01060/COU required a certain amount of parking to be provided for those residential units The parking conditions relating to the original permission are as follows: - Condition 3: Before any of the dwellings hereby approved are occupied the car parking and garage provision shown on drawing 0219/6 shall be made available and shall be retained for the sole use of the dwellings hereby approved throughout the life of the development unless other alternative provision is made and approved in writing by the Local Planning Authority thereby discharging the requirements of this condition.

7 - Condition 4: Insofar as Condition 3 relates to the provision of car parking spaces those spaces shall be surfaced, marked and laid out in accordance with details to be submitted to and approved by the Local Planning Authority prior to the occupation of the dwellings affected Conditions 3 and 4 have never been fully met although parking for residents takes place within the inner courtyard without the surface markings having been carried out. 5.3 Heritage Matters The principle of using the Inner Courtyard for event vehicles is established but the most important aspect of the use is how in impacts on the historic space and the residential amenity of adjacent dwellings in separate ownership The use of the hall for events and gatherings on a limited and restricted basis has been established in the original permission in order to provide income to support the restoration of the Hall. The use of the Inner Courtyard by vehicles has some inherent practical difficulties, the first being that the access is under the Triumphal Arch where there is limited width and height and that the Arch is Listed Grade I. The second issue is the risk to the Listed Building from a large number of vehicles using the Inner Courtyard which was designed for horse drawn transport. Therefore it is essential that limitations are placed on the number of vehicles that are permitted to use the Inner Courtyard for parking or delivering guests and goods, and that all the vehicles used are of appropriate dimensions The proposed amendment to the conditions would allow largely unrestricted parking in the Inner Courtyard during events for dropping off and picking up guests and an unlimited number for guests parking. I do not consider that this would be acceptable in terms of the potential impact on the historic fabric as cramped parking increases the risks of accidental contact with the historic building and vehicle emission pollution also impacts on the stone work. 5.4 Residential Amenity The Inner Courtyard is the area where the front door of an independent leasehold residential property, the West Wing, opens to. The proposal seeks to increase the range of vehicles using the inner courtyard during weddings and events. The presence of a large number of vehicles in this area and the potential for vehicles to be queuing to enter the Inner Courtyard would result in significant disturbance from engines and headlights for a short period of time. The lights and noise will impact on the amenity of those residents and this is what happens at present, and many complaints have been received in respect of these issues Any event parking within the courtyard would displace the existing parking which is currently permitted in the existing planning permission although I understand that the lease arrangements do not necessarily follow the planning permission. Displaced parking would have to be provided outside the Inner Courtyard and there is a parallel application

8 proposing this. The arrangements in the parallel application would need to be acceptable before this application were considered to be acceptable to ensure that there would be adequate parking for residents. However, I have not found that those arrangements are acceptable and that application has now been refused In theory however, I consider that with the imposition of more restrictive conditions than those proposed as amendments and which set clear rules for the use of the Inner Courtyard during events that the situation could potentially be managed in planning terms, but only if alternative and acceptable arrangements for parking for existing residents were available in an acceptable location. The amendment to the condition proposed in this application is not restrictive enough. 5.5 Representations There has been an objection received from the residential occupiers of the West Wing and a further comment from their solicitors. They have experienced a large number of events where parking and the disturbance from within the Inner Courtyard has been anti-social. This has been linked to the unauthorised use of marquees at weddings which increase the capacity of the Hall for guest numbers. Naturally, they do not want the use of the Inner Courtyard to intensify I have sympathy with this viewpoint as the planning permission allows for residential parking in the Inner Courtyard although the permission for the use of the Hall for events was in place when these occupants bought the West Wing. The inconsiderate way in which events have been run has clearly led to disenchantment by these residents. 6. CONCLUSION 6.1 The application seeks to amend conditions but due to the sensitivity of the heritage asset I am not satisfied that the proposed condition amendment is sufficiently restrictive. 6.2 The application does not deal sufficiently with provision of alternative residential parking in lieu of existing and the parallel application to do this was unsatisfactory and has been refused. 7. RECOMMENDATION REF Subject to the following condition(s): Reasons 1. As a result of the increased use of the Inner Courtyard by visitor, guest and delivery vehicles for events, and the limited space available for access beneath the Grade I Listed Triumphal Arch; and the limited manouevring space within the Inner Courtyard which is surrounded on three sides by the Grade I Listed Patshull Hall and on the fourth side by the Triumphal Arch, there would be an unacceptable increase in the potential for damage to the Listed Buildings. The proposal is therefore contrary to Policy EQ3 of the

9 South Staffordshire Core Strategy and Part 12 of the National Planning Policy Framework. 2. The potential detrimental impact on the residential amenity of the dwellings fronting and backing onto the Inner Courtyard, resulting from the noise, fumes and lights from the additional vehicles moving in and out of the Inner Courtyard or waiting to enter it, would be unacceptable and therefore contrary to Policy EQ9 of the South Staffordshire Core Strategy and Part 7 of the National Planning Policy Framework. 3. Pro-active Measures the Council has taken in the course of determining this application. The Council has net with the applicant and agent and requested that acceptable alternative provision for the parking of residents should be provided. The parallel application submitted to do this was unacceptable. The proposed amendment to the condition did not restrict the use of the Inner Courtyard sufficiently to protect residential amenity or the heritage asset. The Local Planning Authority has therefore worked in a positive and proactive manner in relation to dealing with the planning application, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework, 2012.