Beer garden and open space at Albion Tavern, Front Brents, Faversham

The site and surroundings

The site is a 250-square-metre open grass area beside the Albion Tavern, within local green space, the conservation area and the creek policy area.

“The site is part of an area of Local Green Space as designated by Policy DM18 of the adopted Swale Borough Local Plan 2017. The site is within the Faversham Conservation Area and within the Faversham Creek Policy Area as defined by Policy NP1.”

“The Albion Tavern faces the Creek between Council owned land, including a car park to the southwest of the site in which ten to twelve cars can be parked. This small car park is reached via a track that also leads on to a number of dwellings on Front Brents on either side of the public house.”

Officer report

Consultation responses

Highways, archaeology, rights of way, heritage and greenspaces raised no objections, while environmental protection supported permission subject to conditions.

“Set out below is a summary of matters raised in representations, with the comments reflecting the final position of the consultee. There have been two rounds of consultation for most consultees.”

“Mid-Kent Environmental Protection – No objection subject to conditions.”

Officer report

What people said

Supporters cited the pub’s viability and local economy, while objectors raised loss of green space, noise, parking, privacy, flooding, heritage and antisocial behaviour.

“Supports the continued viability of the public house whilst making the space more usable and welcome for guests See paragraphs 7.2.3 to 7.2.10 and 7.10.4. Contribution to the local economy and social life of Faversham town See paragraphs 7.2.3 to 7.2.10 and 7.10.4. No unacceptable noise impacts or antisocial behaviour to be derived from the scheme See section 7.9. Appropriate use of local green space See paragraphs 7.2.12 to 7.2.23.”

“First Round Comments Report reference Inappropriate loss of green space See paragraphs 7.2.12 to 7.2.23. Unjustified extension of commercial use See paragraphs 7.2.3 to 7.2.10 and 7.10.4. Noise, disturbance, pollution, littering, and anti-social behaviour See section 7.9. Overlooking and loss of privacy See section 7.9. Insufficient parking provision and detrimental to highway safety See section 7.7.”

Officer report

Who spoke

A town councillor and an objector spoke against the application, while the applicant spoke in support.

Members’ debate

Members discussed public access, residential amenity, noise, benches, antisocial behaviour, planning controls, land arrangements, monitoring and temporary permission.

“- 190 - • Queried the relationship between the application site, the Albion Tavern and adjoining residential properties; • noted that the proposal related to Council-owned land, but that land ownership and any financial arrangements were not determinative planning matters; • queried whether the area would remain unfenced and whether members of the public would continue to have access to the land; • considered whether customers of the Albion Tavern already used the green…”

“In response, the Planning Manager advised that the Council’s ownership of the land and any financial arrangements were not material planning considerations. Any property licence was separate from the planning process and that planning permission, if granted, would be permanent unless expressly limited by condition. Officers did not consider that CCTV could be required by a planning condition. A noise management plan was already proposed as a condition.”

Minutes

The vote

Members agreed to amend the permission so that it would expire on 31 December 2028.

“Councillor Harrison proposed that planning permission be granted on a temporary basis. Following discussion, Members agreed that condition (1) be amended so that the permission would expire on 31 December 2028. This amendment was seconded by Councillor Hunt and, on being put to the vote, was agreed.”

Minutes

The decision

The committee granted permission as recommended, subject to the amended expiry date.

“Resolved: That application 26/500987/FULL be granted as per the recommendation in the report, subject to condition (1) being amended so that the permission expires on 31 December 2028.”

Minutes