59 NEW ROAD, CHATHAM, KENT, ME4 4QR

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — by Simon Hand MA an Inspector appointed by the Secretary of State Decision date: 29 November 2021

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Lord Duncan, 59 New Road, Chatham, ME4 4AB • The appeal is made under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended. • The appeal is made by Parkwood Garage Limited against a listed building enforcement notice issued by Medway Council. • The enforcement notice, numbered MPL0114363, was issued on 11 November 2020. • The contravention of listed building control alleged in the notice is: alterations to the internal structure and layout of the building are such to constitute a contravention of section 9(1) of the Act (full details of contravention in Annex A). • The requirements of the notice are : full list of requirements in Annex B. • The period for compliance with the requirements is 8 months. • The appeal is made on the grounds set out in section 39(1)(g), (h), (i) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — 59 New Road, Chatham, ME4 4QR • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr J Mills against the decision of Medway Council. • The application Ref MC/21/0585, dated 1 March 2021, was refused by notice dated 26 April 2021. • The development proposed is a change of use of former public house into a 10 No unit House of Multiple Occupation (HMO).

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — 59 New Road, Chatham, ME4 4QR • The appeal is made under section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a refusal to grant listed building consent. • The appeal is made by MR J MILLS (Mr J Mills) against the decision of Medway Council. • The application Ref MC/21/0586, dated 1 March 2021, was refused by notice dated 26 April 2021. • The works proposed are change of use of former public house into a 10 No unit House of Multiple Occupation (HMO).

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” https://www.gov.uk/planning-inspectorate

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” https://www.gov.uk/planning-inspectorate Appeal Decision APP/A2280/F/20/3264761 from the period for compliance and replacing it with “18 months”. Subject to these corrections, the appeal is dismissed and the listed building enforcement notice is upheld, and listed building consent is refused for the retention of the works carried out in contravention of section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended. Appeal B Ref: APP/A2280/W/21/3277680 2. The appeal is allowed and planning permission is granted for a change of use of former public house into a 10 No unit House of Multiple Occupation (HMO) at 59 New Road, Chatham, ME4 4QR in accordance with the terms of the application, Ref MC/21/0585, dated 1 March 2021, subject to the following conditions: 1) The development hereby permitted shall begin not later than 3 years from the date of this decision.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” 2) Except where detailed in conditions 3 and 4 below, the development hereby permitted shall be carried out in accordance with the following approved plans: drawing numbers; basement E338-1600-001, E338- 1600-002, 1858.P.50; ground floor E338-1600-003, 1858.P.51; first floor, E338-1600-004, 1858.P.52; second floor, E338-1600-005, 1858.P.53; roof, E338-1600-006; elevations, 1858.P.54, 1858.P.55; sections, E338-1600-007, 1858.P.56; landings, 1858.P.57; received on 1 March 2021. 3) Notwithstanding the details of demolition of bay windows shown on drawings E338-1600-001, E338-1600-003 and any other relevant drawings, no development or demolition shall commence until details for the making safe and renovation of the canted bay windows on the front façade of the building that do not include demolition have been submitted to and approved in writing by the Local Planning Authority. The approved details shall thereafter be implemented. 4) Notwithstanding the details of materials shown on any of the drawings, the internal finishes of the rooms in the building shall be as detailed in Annex C below or as agreed by the local planning authority in accordance with the conditions attached to the listed building consent 3277691.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” 5) No development shall take place until full details of the following air quality mitigation measures have been submitted to and approved in writing by the Local Planning Authority: All gas-fired boilers to meet a minimum standard of <40mgNOx/kWh All works, which form part of the approved details, shall be completed before the building is occupied and shall thereafter be maintained in accordance with the approved details. 6) No part of the development shall be occupied until details of cycle storage facilities in the form of individual lockers and the refuse storage area enclosure have been submitted to and approved in writing by the Local Planning Authority. The cycle storage facilities and refuge area enclosure shall be implemented in accordance with the approved details and thereafter retained. https://www.gov.uk/planning-inspectorate 2

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Appeal Decision APP/A2280/F/20/3264761 Appeal C Ref: APP/A2280/Y/21/3277691 3. The appeal is allowed and listed building consent is granted for change of use of former public house into a 10 No unit House of Multiple Occupation (HMO) at 59 New Road, Chatham, ME4 4QR in accordance with the terms of the application Ref MC/21/0586 dated 1 March 2021 subject to the following conditions: 1) The works authorised by this consent shall begin no later than 3 years from the date of this consent. 2) Except where detailed in conditions 3 and 4 on planning permission reference APP/A2280/W/21/3277680, or as agreed by the local planning authority in accordance with condition 3 below, the development hereby permitted shall be carried out in accordance with the following approved plans: drawing numbers; basement E338-1600-001, E338-1600-002, 1858.P.50; ground floor E338-1600-003, 1858.P.51; first floor, E338-1600- 004, 1858.P.52; second floor, E338-1600-005, 1858.P.53; roof, E338-1600- 006; elevations, 1858.P.54, 1858.P.55; sections, E338-1600-007, 1858.P.56; landings, 1858.P.57; received on 1 March 2021.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” 3) Notwithstanding the details of materials shown on any of the drawings, the internal finishes of the rooms in the building shall be as detailed in Annex C below or as agreed by the local planning authority in accordance with condition 4 below. 4) No development shall commence until details and samples for the following have been submitted to and approved in writing by the Local Planning Authority: • New windows (1:5 elevations and sections, 1:1/1:2 joinery detail) • Secondary glazing • Construction details (existing and proposed) of the bay windows • External doors (1:5 elevations and sections, 1:1/1:2 joinery detail) • Internal doors (1:5 elevations and sections, 1:1/1:2 joinery detail) • Details of the internal timber panelling • Details of the skirting and architraves • Fitted cupboards • Fireplaces and surrounds • Rainwater goods • Soil and vent pipes • Construction details (existing and proposed) for the roof • Samples of roof tiles • Sample of the weatherboarding • Details of the lath and plaster finishes throughout • Construction details (existing and proposed) for the rear projection to be demolished and reconstructed • Details for any replacement stairs https://www.gov.uk/planning-inspectorate 3

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Appeal Decision APP/A2280/F/20/3264761 • Construction details (existing and proposed) of the north-west corner of the building • Construction details (existing and proposed) for the works to replace the gutter on the south-east elevation • Repair methodology for chimneys • Samples of replacement bricks to be used in any repairs • Details of the lime mortar mix to be used in any repairs • New railings and any other boundary treatment. The development shall thereafter be carried out in accordance with the agreed details and samples. Background to the Appeals 4. The Lord Duncan is a public house standing on the northern side of the A2 at the edge of the New Road Chatham conservation area. This was an attractive residential suburb built between 1790 and 1820. Now, the area around the pub has changed rather dramatically. Across the busy main road is a terrace of handsome Georgian houses, mostly still in residential use, but on the northern side the pub building is isolated amongst modern commercial uses. To the right (east) is a car park used by BT vans and some building materials storage, that wraps around behind the building with offices behind that further downhill.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” To the left (west) is a sorting office with a large yard in front filled with post office vans. The access road to this runs down the side of the pub. 5. In the early 1970s the pub fell into disuse and was subsequently listed in 1974. It would seem it has never been used since then and has steadily deteriorated. It was owned by a Mr Flood who, following a Council intervention in 2013, began a programme of restoration works, although beyond some roof repairs and new weatherboard timbers it is difficult to see what they were. The Council described them as slow, apparently due to Mr Flood’s insistence on doing all the work himself with a meticulous care for details. Mr Flood died sometime around 2019 and the Council were able to obtain photographs of the inside the building then. This would seem to be the first time anyone outside of the owners saw inside the pub since before it was listed. The listing only refers to external details so no-one knows what it actually looked like when it was listed. 6. The building was then auctioned and purchased, apparently unseen, by the appellants who say they found it had been stripped of all the internal finishes.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” They put in an application to convert it into an HMO and it was while discussing this the Council saw the denuded interior and issued the LBEN. The planning and listed building applications were withdrawn and re-submitted, eventually being dismissed and are also subject to this appeal. It doesn’t matter who was responsible for the vandalization of the interior of the pub, the appellants have taken it on and are now responsible for its future. 7. The s78 application was refused for two reasons, the second concerned lack of provision for the Medway Marshes SPA. The appellant provided a s106 to make the necessary funding available and this was acceptable to the Council. The first reason for refusal concerned the suitability of the property for conversion due particularly to the subdivision of the ground floor and loss of the original layout. The listed building consent was refused due to the proposed https://www.gov.uk/planning-inspectorate 4

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Appeal Decision APP/A2280/F/20/3264761 unsympathetic restoration of the interior which would harm the significance of the listed building. Significance and the s78 Appeal 8. The listing describes the exterior which is a three storey double-depth building with weatherboarded flank walls, a central front entrance and two storey canted bays to either side. It is dated to late 18th or early 19th century. It now stands alone and all façades are prominent in public views. The conservation area appraisal suggests it was built in 1799 as the Duncan’s Head pub and notes its future restoration would enhance the character of New Road. The appellant’s heritage report suggest its significance lies in its “importance as evidence of the late 18th Century development of New Road, as a new route through the town, and a new residential, high quality suburb of Chatham which reflected the social and economic history of the town and the importance of the historic dockyard. The building’s evidential value is derived from its form of construction, materials and architectural detailing.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” The aesthetic value of the building relates largely to its external appearance, as unsympathetic alterations and neglect have resulted in the loss of original finishes and fabric”. The Council argue that the LBEN requires the restoration of the internal finishes and fabric of the building because the interior as a whole and in particular the public bar are also important parts of its significance. 9. There is some debate about its origins, which cannot be dated exactly, nor can its original use. The appellant argues it was originally a smart town house and only later became a pub, so they are restoring it to its original use and, more importantly, plan form. There is no documentary evidence either way, but before considering the physical clues it is important to note it was definitely a pub by 1824 when it is listed in a directory of businesses from that date. It has thus been a pub for nearly all (if not all) of its existence and that is something that should not be lightly set aside. The interior, as shown in the 2019 photographs was clearly dilapidated, but still held a number of features of interest, including the bar area and the various cupboards and interior decoration associated with it. 10.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” That said, I was shown convincing evidence on site that the original plan layout would not have been as it was in 2019. The ground floor consists of a pair of fireplaces in the left external wall and a central fire stack with 3 fireplaces on the right hand side of the building. This suggests there were 4 rooms served by the 4 fireplaces, plus the central hall. The left hand side, which was recently an open bar area has evidence of a central floor partition, which taken with the two fireplaces set in the exterior wall suggests two rooms, which were later opened up to create the bar. At the very least, the bar shown in the 2019 photographs is unlikely to have been in its original place as it and the associated cupboard almost obscure the fireplace, which would not have been part of the original design. 11. The appellant suggests ‘restoring’ the original four room plan form is a positive benefit, but to me the evidence for any ‘original’ plan form is sketchy. In any event whatever its original form it was quickly turned into a pub and we do not know how that was arranged internally except for the 2019 photographs showing a later bar configuration which might date from the 1860s or equally from the 1960s.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” https://www.gov.uk/planning-inspectorate 5

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” https://www.gov.uk/planning-inspectorate 5

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Appeal Decision APP/A2280/F/20/3264761 12. The pub fell out of use in the 1970s and has never been used since. I saw two other pub buildings on the other side of the road, one was now a pizza place and one an Indian restaurant. It would appear there is no demand for public houses in the area and there was never a suggestion from the Council that the pub use should be recommenced. I think it is fair to say the conversion of the pub to a residential use of some sort is inevitable and is the only way to find a viable way forward for the building which requires extensive repairs to ensure its future. 13. The other internal wall and ceiling finishes are discussed further below, but lath and plaster are quite different to modern plasterboard even when finished in lime plaster and create a different texture and feel to a room. As noted below these finishes predominantly survived until removed sometime after 2019 and so would have formed another element of the significance of the building. Prior to its internal desecration, it was a Georgian public house with some more modern features and taken all together that forms an important part of its significance, along with the elements described by the appellant quoted above. 14.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Consequently, I consider the public house use and the bar area that survived to 2019 were a part of the historic significance of the building, but that their loss, while regrettable is inevitable and the harm to significance is outweighed by the public good of securing the future of the building. I shall discuss in detail the restoration of the other internal finishes below. Nevertheless, given my conclusions on the loss of the bar and restoration of a four room plan form and there are no other planning objections to the principle of the 10 room HMO proposed in the s78 appeal then the only remaining issue is how much of the interior should be restored using traditional materials? Restoration of the Interior 15. Having determined that the pub is a lost cause and subdivision of the ground floor into separate rooms is inevitable then the loss of the bar, shelving units attached to it and the decorative timber arch, as well as the pub seating, the banquette and curved bench seating will have to go as well. Apart from the decorative timber arch none of these were particularly historic. The arch came later than the ceiling onto which it was added, but how much later we cannot say.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Nevertheless its loss is subsumed within my conclusion on significance above. 16. The walls and ceilings are a different matter. Although not explicitly agreed, the Council did not object to the appellant’s suggestion that the brick front wall of the building was never covered in lath and plaster but would have had wood panelling below and lime plaster applied directly to the bricks above. Remains of this are visible in the building and it seems an eminently sensible conclusion to me. This is true for the front wall on all three floors. 17. The appellant accepts the rest of the walls and ceilings would all originally have been lath and plaster, but that subsequently some of the walls and quite a few of the ceilings were replaced by plasterboard, however, beyond the alleged historic use of plasterboard no other compelling reason was given for not replacing the lath and plaster. The historic state of the internal finishes was a matter of some discussion. Evidence on site clearly showed patches of some ceilings where longer modern nails had supported plasterboard over the top of (or in place of) the original lath and plaster, but there were no ceilings that had obviously been completely re-boarded.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” The Council argued the plasterboard https://www.gov.uk/planning-inspectorate 6

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” The Council argued the plasterboard https://www.gov.uk/planning-inspectorate 6

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Appeal Decision APP/A2280/F/20/3264761 was just makeshift repairs made over time. I agree this seems the most likely explanation. It also seems unlikely they were introduced by Mr Flood and so were probably in place at the time of listing. Nevertheless neither party would want to replace the ceilings with a mix of materials and finishes, and as lath and plaster clearly predominated throughout the building the least onerous solution is for all the ceilings to be relaced using lath and plaster. 18. As to the walls, there was less evidence for plasterboard and it seems highly likely the majority of finishes (apart from the front wall as discussed above) were lath and plaster. It seems reasonable therefore the walls should also be lath and plaster. In a number of rooms the appellant suggests replacing ceilings and walls with Fireline board covered in lime plaster to achieve compliance with fire regulations. However, there would seem to be no justification for this as fireproofing can be achieved by other means that are more suited to use in a listed building. 19. There is a complication due to the new room configurations and insertion of new rooms to house bathrooms.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Obviously non-historical partitions cannot be required to be finished with lath and plaster but where the original lines of the internal walls are being replicated for habitable rooms they too should be lath and plaster. Taken with the ceilings this will recreate the look and feel of the original listed building which is an important part of its significance. Where new walls are being created for bathrooms or on the first floor to sub-divide the front room for example, they do not need to be lath and plaster. 20. The appellant accepts there was considerable wooden panelling around a number of walls and the plans show panelling to be recreated more or less where required by the Council. Where new walls are created to facilitate a bathroom for example, no panelling is suggested and this seems a reasonable compromise to me. The plans also show the restoration of the various cupboards besides the chimney breasts in numerous rooms and this too will help restore some link back to the historic form of the building. Structural issues 21. The building suffers from a number of structural issues that require rather more than a cosmetic intervention.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Three of those were of particular concern to the Council, the bay windows on the front, the sagging roof valley support beam at the rear of the building and the insertion of 9mm plyboard for stability. Both bays show signs of possible failure, the appellant is concerned they lack proper foundations. I saw in the basement that one in particular was built on some rather decayed brickwork and both were out of plumb. However, the proposed solution to demolish them and rebuild does seem excessive. The Council were concerned that alternative options such as underpinning had not been considered. These would be much less intrusive and damaging to the historic fabric. I agree that any suggested interventions to a listed building should be as minimal as possible, especially where loss of original fabric is considered. There was no obvious signs of imminent collapse and a less drastic intervention should be considered. It was suggested this could be dealt with by way of conditions and I agree. 22. The proposed solution for the collapsing roof beam is a different matter. This beam has clearly already collapsed and is supported by a cupboard door on the 2nd floor.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” It seems this was originally an element of bad design as the beam was always inadequately supported. The proposal is to add new 100mm https://www.gov.uk/planning-inspectorate 7

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” It seems this was originally an element of bad design as the beam was always inadequately supported. The proposal is to add new 100mm https://www.gov.uk/planning-inspectorate 7

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Appeal Decision APP/A2280/F/20/3264761 square posts within the internal walls to allow cross beams to support both ends of the new main beam. The two supports in the middle of the building would replace two existing smaller posts and this would be replicated on the first and ground floors to take the load of the new second floor cross beams. The Council were concerned that this would mean the loss of a number of existing posts when no alternative solutions had been considered, such as doubling up the posts. They also queried the need for the intervention at all, as there was no sign of stress on the existing posts. 23. I found the appellant’s explanation that the lack of stress shown was precisely because the existing failed beam didn’t sit on any of these posts to be convincing. The replacement of some existing wooden posts with new ones does not seem an unnecessarily drastic intervention to me, and indeed is little different to adding new posts attached to the old ones. The essential structure would remain the same and there is clearly a need to reinforce the roof beam. 24. Thirdly the appellant plans to line the inside of the external walls with 9mm plyboard beneath the lath and plaster finish.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” This is a significant intervention as described by the Council, but is required, says the appellant, for stability purposes. I agree that had the walls been intact their removal to insert 9mm ply would require specific justification. However given the state the building is in now, then adding the plyboard would not be intrusive or damaging. I am also keen not to be seen to ‘reward’ the egregious destruction of the inside of the building, but that is dealt with by the replacement of the lath and plaster finishes and a number of the lost internal decorative elements that are required by the LBEN. I am convinced by the appellant’s evidence that the extra stability would be beneficial, especially taking forward the new proposed use in the longer term, and that breathability of the walls would not be compromised. The plyboard would all be hidden by the new finishes, the only effect would be to make the rooms all a tiny bit smaller, but this would be unnoticeable and there would be no harm to significance as the look and feel of the restored interior would not be affected. Conclusion 25. I shall grant planning permission for the conversion to an HMO and listed building consent for the alterations as discussed above.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” It was agreed at the hearing that if I considered the structural interventions were not acceptable, they could be considered to be withdrawn and I shall impose a condition to require a scheme for the making safe of the canted bays to be agreed. 26. It is obviously best if the works go ahead quickly and the listed building is brought back into beneficial use, however there is no guarantee that will happen. I shall therefore uphold the LBEN as a backstop to ensure the internal finishes that have been removed are replaced. I have concluded the return to use as a pub is unlikely so the restoration of the bar is unnecessary and shall delete those elements from the LBEN. If the planning permission is implemented than it and the listed building consent will override the LBEN where they are not compatible. I shall also correct the LBEN to deal with the front brick façade issue. 27. It is clear the internal works need to be carried out after the external works have made the building watertight. It makes sense for this to happen at the same time as the conversion works to an HMO are carried out. However, as noted above there is no guarantee that planning permission will be https://www.gov.uk/planning-inspectorate 8

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Appeal Decision APP/A2280/F/20/3264761 implemented and a time needs to be set for the LBEN to be completed. I agree with the Council there is no need to wait for the summer to carry out lath and plastering, I’ve never heard of that as an excuse for delay before. 8 months is clearly tight given the amount of external work that needs first of all agreeing with the Council and then executing, but 2 years is such a long time that further deterioration could take place. I shall extend the compliance period to 18 months as a reasonable compromise. Conditions 28. In addition to the condition mentioned above conditions are required on the s78 planning permission to ensure any gas boilers meet air quality standards and to require cycle and refuse storage. 29. Noise conditions were also suggested due to the busy main road on which the building stands and the potential noise from the commercial car parks on either side and behind the building. Noise was not a reason for refusal, and the busy main road is lined by houses so there is no reason to assume that the proposed glazing and noise insulation suggested by the appellants would not be sufficient.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” It is possible the use of the sorting office, especially if vans are exiting early in the morning, could be a nuisance, but there is no evidence this would be the case. It was suggested that extra measures such as mechanical ventilation could be considered, but this might well require further listed building consents and I have no evidence it would be acceptable in terms of the impact on the listed building. Given that New Road is predominantly residential and this was not of sufficient concern to warrant refusal and I think a noise condition would be unnecessary. 30. A condition to prevent residents from obtaining on-street parking permits was also suggested but I am uncertain how lawful this would be. In any event there is no evidence of parking stress and a long stay car park is just behind New Road so I do not think such a condition is justified. The Council accepted that limiting the numbers of occupants was also not justified given the lack of neighbours and there were no amenity issues raised. 31. On the listed building consent a condition requiring submission of details of internal and external materials and finishes was agreed and is necessary.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — deleting requirements (vii) and (viii) from Room 2; and by deleting “8 months” Given the amount of work required internally and that some elements will differ from the detailed plans provided by the appellant I shall attach a condition to the listed building consent to make clear what should happen in each room.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand INSPECTOR https://www.gov.uk/planning-inspectorate 9

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand INSPECTOR https://www.gov.uk/planning-inspectorate 9

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 Annex A Full details of the LBEN allegation The allegation in full is as follows: Room 1 Lath and plaster walls and ceiling. Timber panelling to lower section finishing in-line with bottom of the window. Timber skirting. Built in cupboard to right of chimney breast. Full height timber panelling to right of cupboard. Mantelpiece. Banquette seating. Decorative timber moulding entrance arch. Timber panelling and surrounds to bay window. Room 2 Lath and plaster walls and ceiling. Timber panelling to lower section finishing in-line with bottom of the window. Timber panelling above fireplace. Timber skirting. Timber panelling and surrounds to bay window. Built in cupboard to right of chimney breast. Built in storage/shelving to left of chimney breast. Full height shelving unit backing onto the bar. Decorative timber moulding (stored in the room). Curved bench seating (stored in the room). Full timber bar with under counter storage and shelving. High level display shelving with decorative mouldings to rear and sides of bar. Timber panelling and mouldings to ceiling height. Three quarter height timber panelling to side of bar opposite the front door.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Full height timber panelling between the bar and hallway to stairs. Approximately one third height timber panelling opposite main bar between the 2 right-hand rooms. Internal lobby to front door. 4 panel timber door to hallway/stairs. Timber door frame with pivoting light above for door to hallway/stairs. Room 3 Lath and plaster walls and ceiling, Fireplace, surround and mantelpiece. Timber panelled wall to bar. Built in cupboard to left of chimney breast. 2 panel timber door with decorative timber lower panel and glass upper panel. Timber door frame. Room 4 Lath and plaster walls and ceiling. Timber panelling to lower section finishing in-line with bottom of the window. Timber skirting. Picture rail in-line with the top of the window. https://www.gov.uk/planning-inspectorate 10

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 Built in cupboard to left of chimney breast. Fireplace, surround and mantelpiece. 6 panel timber door, Timber door frame. First floor Room 5 Lath and plaster walls and ceiling. Timber panelling of approximately one third height. Timber skirting. Timber panelling and surrounds to bay windows. Built in cupboard to right of right-hand chimney breast. Timber mantelpiece, fire surround and stone hearth to right-hand chimney breast. Timber door frame. Room 6 Lath and plaster walls and ceiling. Timber skirting. Built in cupboard with shelves and pegs to right of chimney breast. Timber mantelpiece and fire surround. Timber panelling to chimney breast. Room 7 Lath and plaster walls and ceiling. Timber skirting, Built in cupboard with shelves and pegs to left of chimney breast. Timber fire surround, Tiled fireplace (possibly early 20th century), Timber panelling to chimney breast, 4 panel timber door. Timber door frame. Second floor Room 8 Lath and plaster ceiling and walls. Timber skirting. Timber sliding sash window (stored in the room). Timber door and door frame. Timber framed loft hatch. Room 9 Lath and plaster ceiling and walls. Timber skirting. Timber door frame.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Room 10 Lath and plaster ceiling and walls. Timber skirting. Timber mantelpiece and mirror. Cast iron downpipes and gutters for use externally (stored in the room). Timber door frame. https://www.gov.uk/planning-inspectorate 11 Appeal Decision APP/A2280/F/20/3264761 Room 11 Lath and plaster ceiling and walls. Timber skirting. Timber fire surround and mantelpiece. Timber sliding sash windows (stored in the room). Cast iron downpipes for use externally (stored in the room). Timber door frame. Room 12 Lath and plaster walls and ceiling. Timber skirting. Built in cupboard to left of chimney breast. Hallways and staircases Lath and plaster ceiling and walls, Timber skirting. Missing balusters. https://www.gov.uk/planning-inspectorate 12

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 Room 11 Lath and plaster ceiling and walls. Timber skirting. Timber fire surround and mantelpiece. Timber sliding sash windows (stored in the room). Cast iron downpipes for use externally (stored in the room). Timber door frame. Room 12 Lath and plaster walls and ceiling. Timber skirting. Built in cupboard to left of chimney breast. Hallways and staircases Lath and plaster ceiling and walls, Timber skirting. Missing balusters. https://www.gov.uk/planning-inspectorate 12

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 Annex B Full details of the requirements of the LBEN In relation to Room 1 (i) Walls highlighted pink on attached Plan A to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber panelling to cill height to replicate appearance and construction of panelling removed. Timber to be either oak or Baltic pine. (iv) Reinstate timber skirting to replicate appearance/construction of skirting removed. Timber to be either oak or Baltic pine. (v) Reinstate cupboard to replicate appearance and construction of cupboard removed, located to the right hand side (RHS) of chimney breast, position shown attached Plan A. Timber to be either oak or Baltic pine. (see attached photos marked AA for detail). (vi) Reinstate timber mantelpiece (see attached photo marked AB for detail). (vii) Reinstate double-sided decorative timber moulding entrance arch to replicate appearance and construction of previous entrance arch, position shown on attached Plan A (see attached photos marked AC & AD for detail).

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand (viii) Reinstate timber window surround and bay window ceiling to replicate appearance of previous finish (see attached photos marked AD and AE for detail). Timber to be either oak or Baltic pine. In relation to Room 2 (i) Walls highlighted pink on attached Plan A to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber panelling up to cill height to replicate appearance and construction of panelling removed position shown A to B on attached Plan A. Timber to be either oak or Baltic pine. (iv) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine. (v) Reinstate timber window surround and bay window ceiling to replicate appearance of previous finish. Timber to be either oak or Baltic pine. (vi) Reinstate timber cupboard to replicate appearance and construction of cupboard removed, located to the RHS of chimney breast, position shown on attached Plan A. Timber to be either oak or Baltic pine.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand (vii) Reinstate shelved unit to replicate appearance and construction of unit removed, located to the left hand side (LHS) of the chimney breast, including replacement decorative curved shelves, position shown on attached Plan A (see attached photo marked AF and AG for detail). Timber to be either oak or Baltic pine. (viii) Reinstate timber bar area with under counter storage area and high level display units and shelving with decorative mouldings to rear and side of display bar (see attached photos marked AH, Al, AJ, AK, AL, AM & AN for detail) and highlighted yellow (shown in the approx. position on attached Plan A), Timber to be either oak or Baltic pine. (ix) Reinstate timber door frame and four panel timber door with glass centre pivot fan light above to replicate the design of the door and fan light removed, shown in the position marked -X-X-X- on attached Plan A (see attached photo AO for detail). Timber to be either oak or Baltic pine. (x) Reinstate timber panelling to main ceiling beam above the bar area (see attached photos AH, Al and AJ for details). https://www.gov.uk/planning-inspectorate 13

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 In relation to Room 3 (i) Walls highlighted pink on attached Plan A to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate stone fire surround, mantelpiece and cast iron fireplace (see attached photo marked AP for detail). (iv) Reinstate the timber partition walls in the position shown highlighted green on attached Plan A. (v) Reinstate timber door frame and two panel timber door with glass insert and decorative lower panel to replicate the design of the door removed (see attached photo marked AQ for detail). Timber to be either oak or Baltic pine. In relation to Room 4 (i) Walls highlighted pink on attached Plan A to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber panelling on all walls up to cill height to replicate appearance and construction of panelling removed (see attached photos AR, AS and AT for detail). Timber to be either oak or Baltic pine. (iv) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand (v) Reinstate timber picture rail to replicate appearance and construction of picture rail removed (see attached photo AR for detail). Timber to be either oak or Baltic pine. (vi) Reinstate timber cupboard to replicate appearance and construction of cupboard removed, located to the LHS of chimney breast position shown on attached Plan A (see attached photo AS for detail). Timber to be either oak or Baltic pine, (vii) Reinstate timber fire surround, mantelpiece and cast iron fireplace (see attached photo AS for detail). (viii) Reinstate timber door frame and six panel timber door—leading from room 4 into hallway (see attached photo AT for detail). Timber to be either oak or Baltic pine. In relation to Room 5 (i) Walls highlighted pink on attached Plan B to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber panelling on all walls at approximately 1/3 height to replicate appearance and construction of panelling removed (see attached photos BA, BB, BC, BD and BE for detail), Timber to be either oak or Baltic pine. (iv) Reinstate timber skirting to replicate appearance and construction of skirting removed.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Timber to be either oak or Baltic pine. (v) Reinstate timber window surrounds and bay window ceilings to replicate appearance of previous finish (see attached photos BE, BF and BG for detail). Timber to be either oak or Baltic pine. (vi) Reinstate timber cupboard to replicate appearance and construction of cupboard removed, located to the RHS of chimney breast, position shown on attached Plan B (see attached photo BC for detail). Timber to be either oak or Baltic pine. https://www.gov.uk/planning-inspectorate 14

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Timber to be either oak or Baltic pine. (v) Reinstate timber window surrounds and bay window ceilings to replicate appearance of previous finish (see attached photos BE, BF and BG for detail). Timber to be either oak or Baltic pine. (vi) Reinstate timber cupboard to replicate appearance and construction of cupboard removed, located to the RHS of chimney breast, position shown on attached Plan B (see attached photo BC for detail). Timber to be either oak or Baltic pine. https://www.gov.uk/planning-inspectorate 14

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 (vii) Reinstate timber fire surround, mantelpiece and stone hearth to replicate appearance and construction of that removed (see attached photo BC for detail). Timber to be either oak or Baltic pine. (viii) Reinstate timber door frame. Timber to be either oak or Baltic pine. In relation to Room 6 (i) Walls highlighted pink on attached Plan B to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine. (iv) Reinstate timber cupboard and shelves to replicate appearance and construction of cupboard removed, located to the RHS of chimney breast, position shown on attached Plan B (see attached photo BH and Bl for detail). Timber to be either oak or Baltic pine. (v) Reinstate timber mantelpiece and fire surround, to replicate appearance and construction of that removed (see attached photo BH and BJ for detail). Timber to be either oak or Baltic pine. In relation to Room 7 (i) Walls highlighted pink on attached Plan B to be reinstated with riven laths and lime hair plaster.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine. (iv) Reinstate timber cupboard and shelves to replicate appearance and construction of cupboard removed, located to the LHS of chimney breast, position shown on attached Plan B. Timber to be either oak or Baltic pine. (v) Reinstate timber fire surround (see attached photo BK for detail). Timber to be either oak or Baltic pine. (vi) Reinstate timber door frame and four panel timber door (see attached photo BL for detail). Timber to be either oak or Baltic pine. In relation to Room 8 (i) Walls highlighted pink on attached Plan C to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine. (iv) Reinstate timber door frame and two panel timber door (see attached photo CA for detail) Timber to be either oak or Baltic pine. (v) Reinstate timber loft hatch surround and loft hatch (see attached photo CB for detail).

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Timber to be either oak or Baltic pine. In relation to Room 9 (i) Walls highlighted pink on attached Plan C to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed (see attached photo CC for details). Timber to be either oak or Baltic pine. (iv) Reinstate timber door frame. Timber to be either oak or Baltic pine. In relation to Room 10 https://www.gov.uk/planning-inspectorate 15

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Timber to be either oak or Baltic pine. In relation to Room 9 (i) Walls highlighted pink on attached Plan C to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed (see attached photo CC for details). Timber to be either oak or Baltic pine. (iv) Reinstate timber door frame. Timber to be either oak or Baltic pine. In relation to Room 10 https://www.gov.uk/planning-inspectorate 15

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 (i) Walls highlighted pink on attached Plan C to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed (see attached photo CD for details). Timber to be either oak or Baltic pine. (iv) Reinstate timber door frame. Timber to be either oak or Baltic pine. In relation to Room 11 (i) Walls highlighted pink on attached Plan C to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine. (iv) Reinstate timber fire surround and mantelpiece (see attached photo CE for details). Timber to be either oak or Baltic pine. (v) Reinstate timber door frame. Timber to be either oak or Baltic pine. In relation to Room 12 (i) Walls highlighted pink on attached Plan C to be reinstated with riven laths and lime hair plaster.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand (ii) Ceilings to be reinstated with riven laths and lime hair plaster, (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine. (iv) Reinstate cupboard to replicate appearance and construction of cupboard removed, located to the LHS of chimney breast, position shown on attached Plan C (see attached photo CF for detail). Timber to be either oak or Baltic pine. In relation to Hallways & Staircases (i) Walls highlighted pink on attached Plan D to be reinstated with riven laths and lime hair plaster. (ii) Ceilings to be reinstated with riven laths and lime hair plaster. (iii) Reinstate timber skirting to replicate appearance and construction of skirting removed. Timber to be either oak or Baltic pine. (iv) Reinstate/replace missing timber balusters to replicate appearance and construction of balustrades removed, timber to be either oak or Baltic pine. https://www.gov.uk/planning-inspectorate 16

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 Annex C Full details of works to each room to be carried out in order to implement planning permission 3277680 and listed building consent 3277691. Timber panelling, doors, door frames, skirting, picture rails, window and fire surrounds to be as shown on drawings numbered below and to be of oak or Baltic pine. Fireplaces to be reinstated as shown on drawings numbered below. Picture rails in room 4 to be reinstated as shown on drawings numbered below. All ceilings to be riven lath and lime hair plaster. Where no details of plaster for wall finishes shown to be at discretion of developer. Ground floor (room numbers and wall numbering taken from Drawing no 1858.P.51 (Ground Floor Plan – detailed plans) except for landings taken from 1858.P.57 (Room Elevation & Notes)) Room 1 Wall 1 (new wall), cupboard reinstated to right of fireplace, lime hair plaster to chimney breast. Wall 2 (new wall). Wall 3, walls either side of bay to be lime hair plaster above timber panelling. Wall 4 to be riven lath and lime hair plaster. Room 2 Wall 1 (new wall). Wall 2 riven lath and lime hair plaster either side of chimney breast.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Reinstate cupboards either side of chimney breast, that to left side with curved shelves. Wall 3 walls either side of bay to be lime hair plaster above timber panelling. Wall 4 (new wall). Room 3a Wall 1 to be riven lath and lime hair plaster. Wall 2 chimney breast to be lime hair plaster and riven lath and lime hair plaster to either side. Wall 3 (new wall). Wall 4 (new wall). Room 4 Wall 1 riven lath and lime hair plaster. Wall 2 riven lath and lime hair plaster. Wall 3 reinstate cupboard to left of chimney, chimney breast to be lime hair plaster. Wall 4 riven lath and lime hair plaster. Ground floor landing, except where noted above all new walls. Wall 1 (and 3a) – reinstate window above door as shown. Ground floor entrance All new walls. https://www.gov.uk/planning-inspectorate 17

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand Appeal Decision APP/A2280/F/20/3264761 First floor (room numbers and wall numbering taken from Drawing no 1858.P.52 (First Floor Plan – detailed plans) except for landings taken from 1858.P.57 (Room Elevation & Notes)) Room 5a Wall 1 riven lath and lime hair plaster. Wall 2 riven lath and lime hair plaster (chimney breast to be lime hair plaster). Wall 3 lime hair plaster. Wall 4 (new wall). Room 5b All new walls. Room 5c Wall 1 reinstate cupboard to right of chimney, chimney breast to be lime hair plaster, wall to be riven lath and lime hair plaster. Wall 2 (new wall). Wall 3 lime hair plaster. Wall 4 riven lath and lime hair plaster Room 6 Wall 1 riven lath and lime hair plaster. Wall 2 reinstate cupboard to right of chimney, chimney breast to be lime hair plaster, wall to be riven lath and lime hair plaster. Wall 3 riven lath and lime hair plaster. Wall 4 riven lath and lime hair plaster. Room 7 Wall 1 (wrongly numbered 3 on drawing) riven lath and lime hair plaster. Wall 2 riven lath and lime hair plaster. Wall 3 reinstate cupboard to left of chimney, chimney breast to be lime hair plaster, wall to be riven lath and lime hair plaster. Wall 4 riven lath and lime hair plaster.

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand First floor landing Walls 1, 2, 3 and 4 new walls 1a external wall to be riven lath and lime hair plaster 3a new wall. Second Floor (room numbers and wall numbering taken from Drawing no 1858.P.53 (Second Floor Plan – detailed plans) except for landings taken from 1858.P.57 (Room Elevation & Notes)) Rooms 8 , 9 and 10 Walls 1, 2 and 4 to be riven lath and lime hair plaster, except chimney breasts to be lime hair plaster. Wall 3 to be lime hair plaster. Room 11 All walls to be riven lath and lime hair plaster. Room 12 Walls 1, 2 and 4 to be riven lath and lime hair plaster https://www.gov.uk/planning-inspectorate 18

59 NEW ROAD, CHATHAM, KENT, ME4 4QR — Medway Council — Simon Hand First floor landing Walls 1, 2, 3 and 4 new walls 1a external wall to be riven lath and lime hair plaster 3a new wall. Second Floor (room numbers and wall numbering taken from Drawing no 1858.P.53 (Second Floor Plan – detailed plans) except for landings taken from 1858.P.57 (Room Elevation & Notes)) Rooms 8 , 9 and 10 Walls 1, 2 and 4 to be riven lath and lime hair plaster, except chimney breasts to be lime hair plaster. Wall 3 to be lime hair plaster. Room 11 All walls to be riven lath and lime hair plaster. Room 12 Walls 1, 2 and 4 to be riven lath and lime hair plaster https://www.gov.uk/planning-inspectorate 18 Appeal Decision APP/A2280/F/20/3264761 Wall 3 reinstate cupboard to left of chimney, chimney breast to be lime hair plaster, wall to be riven lath and lime hair plaster. Second floor landing Walls 2, 3 and 4 riven lath and lime hair plaster. Wall 1 (and 3a) new wall. Wall 1a to be riven lath and lime hair plaster. https://www.gov.uk/planning-inspectorate 19