Ship Inn Planning Application 2010
The Ship Inn submitted Amended Plans as part of it's planning application for an "al-fresco dining area" which consists of a balcony, supported by colonades, intruding into Edgar's Field.
Full details of the application may be viewed on the Council’s website or by visiting the Council Offices at the Forum.
Please contact your local Councillors and tell them of your concerns.
Councillors for Handbridge Park Ward are:
Community Issues In Consideration of the Plans
The Friends of Edgar's Field Park believe that planning application 10/12259/FUL to extend the Ship Inn into Edgar's Field raises a number of community concerns:
The Ship Inn, which had already been quadrupled in size when it re-opened last year, has now applied for planning permission to build a two storey outdoor area using part of Edgar’s Field Park. This would be along the park’s main path at the Handbridge entrance close to the new children’s playground and will be used for eating, drinking and possibly smoking. It covers an area of the park, not owned by the Ship Inn, that has recently been replanted. This is a second attempt by the Ship Inn to gain a piece of Edgar’s Field Park for their own use. The previous attempt, two years ago, failed when the proposal was recommended for refusal by the Planning Officer and the plan was withdrawn.
Related Links
Update - October 2010:
Full details of the application may be viewed on the Council’s website or by visiting the Council Offices at the Forum.
Please contact your local Councillors and tell them of your concerns.
Councillors for Handbridge Park Ward are:
Community Issues In Consideration of the Plans
The Friends of Edgar's Field Park believe that planning application 10/12259/FUL to extend the Ship Inn into Edgar's Field raises a number of community concerns:
The Ship Inn, which had already been quadrupled in size when it re-opened last year, has now applied for planning permission to build a two storey outdoor area using part of Edgar’s Field Park. This would be along the park’s main path at the Handbridge entrance close to the new children’s playground and will be used for eating, drinking and possibly smoking. It covers an area of the park, not owned by the Ship Inn, that has recently been replanted. This is a second attempt by the Ship Inn to gain a piece of Edgar’s Field Park for their own use. The previous attempt, two years ago, failed when the proposal was recommended for refusal by the Planning Officer and the plan was withdrawn.
- Edgar’s Field Park is protected by covenants (legally binding agreements) that were documented in 1892 when the First Duke of Westminster gave the park in trust to the Council for use forever by the residents of Chester, in particular those of Handbridge. The relevant covenants state that the park may not be used for the financial benefit of any business or person and that no intoxicating liquor may be sold in it. If the covenants are broken, the park will be open to commercial enterprise of all types and its value to the community will be diminished. Friends of Edgar’s Field Park believe that this would alter the atmosphere of the park, reduce its size for the general public and set a precedent for other Chester parks to also be spoilt. The Council has a legal duty to Handbridge and Chester residents to observe the covenants and it should do this.
- The proposed pub outdoor area is very close to the new playground in Edgar’s Field, which is now nearly complete. It is inappropriate for a play area to be so closely linked to an area used for drinking and smoking. The funding for this play area came from a recycling organisation, WREN with contributions from the Council and Friends of Edgar’s Field Park. The Ship Inn already benefits significantly from this new development. Unfortunately, over the past year, the pub has had a poor record of care for the park and its facilities. For example, there has frequently been an ugly accumulation of cigarette butts in the entrance of the park. The Ship cannot stop its customers smoking outside but it could sweep up their mess. During the winter, the Ship frequently offloads logs from a truck into the park then manually moves them inside in batches. This leaves a mess of wood chip litter to build up on the grass at the park’s entrance, which is never cleared up. At one stage, they even tried to store gas cylinders in the park.
- It would be undesirable for children going to and from school and unpleasant for all other park users to have to walk past and under the proposed two tier extension full of drinkers and smokers. Children could be subjected to smoke and quite possibly inappropriate language and behaviour. When the proposed outside area is full, it is likely that the Ship’s customers will gather in the park entrance and this will be even more intimidating for park users. Race Days could make the area unusable and the University move to County Hall is likely to make things worse.
- The prominent design of the double decked area with seats for 50 customers would create an overcrowded feel as you look into Edgar’s Field. The Ship Inn is in a Conservation Area and the placement of the development is unsympathetic to the domestic nature of the adjoining Victorian terrace.
- The design and location of the first-floor, overhead platform will create safety issues for those walking along the path into the park. Items such as bottles, glasses, cutlery or cigarette butts could easily fall or be dropped from above causing injury to passers-by. To avoid this hazard, park users will be forced to divert through the play area.
- If this proposal is permitted it is inevitable that noise will increase in the park and in the vicinity of the pub during the day and at night. The Ship Inn’s licensed opening hours are from 9am to midnight every day and live music is permitted once per week. The Ship Inn does not have a good record of closing its windows during entertainment events as is required by its licensing conditions. With two extra doors on the side, even more noise would escape. There is already a noise issue in the entrance to the park from the pub’s ventilation system. Obviously, with customers sitting outside on two levels, possibly until late at night, noise would increase dramatically.
- Edgar’s Field Park is a designated alcohol control zone and the job of the Community police and wardens to control this would be made more difficult if this development were to be permitted. The Ship Inn is not always able to prevent its customers from leaving the premises with glasses or open bottles as is required by its licensing conditions. It has already received a written warning from the authorities about this.
Related Links
Update - October 2010:
- Cheshire West & Chester Planning Board REFUSED the Ship Inn planning application by a majority vote of 7 to 1 against.
Covenants on Edgar's Field Park
When the Duke of Westminster, Hugh Lupus Grosvenor, gifted Edgar's Field Park to the community in 1892 a number of covenants were attached to the land to safeguard it as a public park for future generations.
These covenants include the following:
Read the full document (pdf).
These covenants include the following:
- THAT no intoxicating liquor of any kind shall be allowed to be sold or vended within the boundaries of the Park by any person or persons whomsoever.
- THAT no building shall be erected in the Park without the previous consent of the said Duke of Westminster his heirs and successors in title owner for the time being of the Grosvenor Family Estates and that the Corporation or their successors shall not without such consent as aforesaid make any alteration in the laying out of the said Park or in the buildings ornamental plantation roads or pathways therein or thereon.
- ...nor shall the Park be in anywise used or employed for the pecuniary benefit of any private person or persons or of any Corporate or Public body whatsoever...
- AND in consideration of the Gift and conveyance hereinbefore contained the Mayor Aldermen and Citizens for themselves and their successors Do hereby covenant promise and agree with and to the said Hugh Lupus Duke of Westminster his heirs and assigns in manner following that is to say that they and their successors will abide by and observe the several provisions and restrictions herein contained and so that the park may be held by the Corporation and their successors in trust and for the use and enjoyment of the inhabitants of the said City and County Borough of Chester and in particular of the Inhabitants of Handbridge aforesaid for ever according to the true intent and meaning of these presents
Read the full document (pdf).
The Ship Inn Planning Appeal 2011
- April 2011 The Ship Inn appealed the decision by Cheshire West & Chester Council's planning board, last October, to refuse permission to build an Al Fresco dining area extension attached to the gable end wall overlooking Edgar's Field Park. September 2011 the Planning Inspectorate's officer granted planning permission for the extension with conditions. The objections raised surrounding land ownership and the restrictive covenants are not planning issues and are therefore outside the Inspectorate's jurisdiction and were not considered in reaching the decision. Having been granted planning permission, the Ship Inn now has to negotiate the purchase or lease of the park land from the Council.
- In recognition of the successes achieved this year the 2010 Civic Awards for Design and Conservation awarded Edgar's Field Park a Commendation in the Community, Play Landscape and Interpretation category.