Nags Head Inn, 157 Market Street, Crewe, CW1 2ND

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision Site visit made on 31 January 2023 by K Townend BSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 7th March 2023 Appeal Ref: APP/R0660/W/22/3308678 Nags Head Inn, 157 Market Street, Crewe CW1 2ND • 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 Ms Anna Goscilo against the decision of Cheshire East Council. • The application Ref 22/1888N, dated 6 May 2022, was refused by notice dated 23 August 2022. • The development proposed is the change of use from storage unit to rear of existing pub (previously approved for conversion to HMO) to self-contained serviced accommodation unit (Sui Generis) for short term stay (not permanent residence). Decision 1. The appeal is dismissed. Preliminary Matters 2. The Council’s decision refers to the Saved Policies of the Crewe and Nantwich Local Plan 2011 (CNLP) and the emerging Cheshire East Local Plan Site Allocations and Development Policies Document (SADPD). Since the Council’s decision the SADPD has been adopted on 14 December 2022 and I am aware, from other appeals in Cheshire East, that the SADPD replaces all the saved policies from the CNLP. 3.

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision I have received copies of the relevant adopted SADPD policies and both main parties have had an opportunity to comment on them. I have therefore taken the relevant SADPD policies into consideration in reaching my decision and have not referred to the CNLP policies. Main Issue 4. The main issue is whether the proposed development would provide appropriate living conditions for the future occupants of the unit, with regard to internal space. Reasons 5. The appeal site is a detached storage building to the rear of the former Nags Head Public House which is currently being converted to a house in multiple occupation (HMO). The proposal is for the conversion of the storage building. 6. The description of development, as taken from the application form, proposes a single unit of self-contained serviced accommodation for short term stay and references sui generis use. The appellant has not provided any detail of why it considers the proposal is a sui generis use. There is no definition of serviced accommodation within the National Planning Policy Framework (the https://www.gov.uk/planning-inspectorate

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/22/3308678 Framework) or National Planning Practice Guidance. Neither does serviced accommodation appear in the list of uses for which no class is specified in Article 3(6) of the Use Classes Order1. Moreover, the appellant has not provided any detail of what it considers to be short-term stay. Mention is made, in the statement of case, of a few nights. However, there is no mechanism to control occupation of the unit and the Council argue that short- term could be up to 6 or 12 months. 7. Although the appellant argues that the proposal is not for a dwelling it provides a self-contained unit with the facilities required for day-to-day private domestic existence, and I have therefore treated it as a dwellinghouse. This is in accordance with caselaw2 in which it was accepted that the distinctive characteristic of a dwellinghouse was its ability to afford, to those who used it, the facilities required for day-to-day private domestic existence. A dwellinghouse does not lose that characteristic if it is occupied for only part of the year, or at infrequent intervals, or by a series of different persons. 8.

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision The Council referred to draft SADPD Policies GEN1 – Design Principles, HOU10 – Amenity and HOU11 – Residential Standards in their decision. The adopted SADPD policies have been amended to GEN1 – Design Principles, HOU11 – Extensions and Alterations, HOU12 – Amenity. Some of the wording within Policy GEN1 has changed but the general principles remain the same in seeking to ensure good design. Policy HOU10 referred to in the decision notice is now Policy HOU12. The adopted version is similar to the draft version but also adds the requirements for space standards between buildings as detailed in the Cheshire East Borough Design Guide. Policy HOU11, as adopted, requires extensions and alterations to not cause unacceptable harm to the amenity of future occupiers, amongst other matters. 9. The Council have also sent a copy of SADPD Policy ENV15 – New development and existing uses. This policy relates to integrating new development with existing uses and not restricting existing businesses or community facilities. As the public house adjacent to the appeal site is currently being converted to a HMO I do not consider that Policy ENV15 is relevant to the appeal.

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision Policy SD2 of the Cheshire East Local Plan Strategy, 2017, is referred to in the decision notice. Policy SD2 provides criteria for sustainable development, however it does not include any criteria relevant to the consideration of the appeal proposal and is therefore not determinative in my decision. 10. Internally the floorplans indicate a floorspace of 20.7sqm which, given the calculation of floorspace on the application form, I understand to be over both floors. The unit provides a single bedroom on a balcony floor above the open plan living space and small bathroom. The submitted plans show doors opening into the open plan living space constraining the potential layout of furniture and once furnished, the rooms would also have little space around the furniture and very little space shown for storage. Due to the size of the unit the internal floorspace is constrained and would not provide appropriate living conditions for the future occupants. 11. The Council has only recently adopted the Technical Housing Standards - Nationally Described Space Standard (NDSS) as part of the SADPD.

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision However, as noted by the Council the NDSS does not apply until 6 months after adoption 1 Town and Country Planning (Use Classes) Order 1987 (as amended). 2 Gravesham BC c SSE and O’Brien [1893] JPL 306 https://www.gov.uk/planning-inspectorate 2

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision However, as noted by the Council the NDSS does not apply until 6 months after adoption 1 Town and Country Planning (Use Classes) Order 1987 (as amended). 2 Gravesham BC c SSE and O’Brien [1893] JPL 306 https://www.gov.uk/planning-inspectorate 2

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision Appeal Decision APP/R0660/W/22/3308678 of the SADPD, as such they are not yet in force. Notwithstanding, the NDSS does provide an indication of what would be a reasonable size for a new dwellinghouse. In this case the shortfall below what would be the required standard, even for a 1-bed, 1-person, single storey unit, is substantial. The shortfall indicates that the space available would not provide appropriate living conditions. 12. The appellant argues that the floorspace is bigger than some hotel rooms and, as a self-contained unit, provides more facilities than a hotel rooms. However, I do not have any substantive evidence to show this. Furthermore, the proposal is not for a hotel bedroom and is therefore not comparable. Moreover, a hotel room would not be considered as a dwellinghouse and would also fall under a different use class. 13. Given my own observations on site, the detail on the submitted plans and the limited floorspace available I consider that the accommodation, even if occupation were to be restricted by condition, would be cramped and not provide appropriate living conditions for the future occupants, with regard to internal space.

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — Appeal Decision As such the proposal would fail to comply with Policies SD1, SC3 and SE1 of the Cheshire East Local Plan Strategy, 2017, and Policies GEN1 and HOU11 and HOU12 of the adopted SADPD which together, amongst other matters, seek sustainable development and to ensure development provides opportunities for healthy and safe living and require development to not cause unacceptable harm to future occupiers of the proposed development. Other matters 14. I accept that there are no issues between the main parties in relation to the design of the external changes to the building, highway matters or the principle of conversion. However, these matters are neutral and do not weigh in favour of the development. Conclusion 15. For the reasons given above I have found that the proposal would be contrary to the development plan as a whole and the Framework. There are no material considerations that would indicate that the decision should be made other than in accordance with the development plan. Therefore, I conclude that the appeal should be dismissed.

Nags Head Inn, 157 Market Street, Crewe, CW1 2ND — Cheshire East — K Townend INSPECTOR https://www.gov.uk/planning-inspectorate 3