LAMBETH PLANNING APPLICATIONS COMMITTEE - … · 2014-12-18 · LAMBETH PLANNING APPLICATIONS...
Transcript of LAMBETH PLANNING APPLICATIONS COMMITTEE - … · 2014-12-18 · LAMBETH PLANNING APPLICATIONS...
LAMBETH PLANNING
APPLICATIONS COMMITTEE
Case Number 14/01590/FUL
Application Address Premier, 242 Wandsworth Road, London, SW8 2JS
Site address Premier, 242 Wandsworth Road, London, SW8 2JS
Ward Larkhall
Proposal Change of use to a combined Restaurant/Cafe (Use Class A3) and Take Away (Use Class A5) involving replacement of existing shopfront including installation of a new roller shutter and awning together with the installation of a flue extract duct to the rear of the property.
Application type
Change of Use/Full Planning Permission
Application ref(s) 14/01590/FUL
Validation date 02.04.2014
Case officer details Name: John Vale Tel: 020 7926 1233 Email: [email protected]
Applicant Mr Jitendrakumar Patel
Agent Mr George Durowoju
Considerations/constraints Plan References
Wandsworth Road Local Centre Design and Access Statement; 1084_P01; 1084_P02; 1084_P03; Planning Statement
Recommendation
Grant planning permission for the change of use to a combined Restaurant/Cafe (Use Class A3) and Take Away (Use Class A5) involving replacement of existing shopfront including installation of a new roller shutter and awning together with the installation of a flue extract duct to the rear of the property subject to conditions.
Consultation
Department(s) or Organisation(s) Consulted? (y/n)
Date response received
Internal
Transport/Highways Y 02/06/2014
Crime Prevention Design Y None received
Noise & Pollution Y 09/06/2014
Food Safety Y None received
External
Friends of Larkall Park Y None received
Clapham Society Y None Received
Background Papers
Case File (this can be accessed via the Planning Advice Desk, Telephone 020 7926
1180)
Summary of Main Issues
o Impact on the vitality of local shopping centre
o Impact on the amenity of neighbouring residential properties
o Design and appearance of the building
1. SITE DESCRIPTION
1.1 The site is situated to the west side of Wandsworth Road. It is occupied by a
three storey property within a circa 1950s block, that stretches from no.236 to
254 Wandsworth Road: Fowler House. The rear of the site provides vehicular
access to the property, off Belmore Street that runs alongside no.236 at the
junction with Wandsworth Road.
1.2 The application relates to the ground floor unit only. The upper floors are
occupied by residential accommodation, accessed by a side entrance to
Fowler House off Belmore Street.
1.3 The surrounding area is characterised primarily by retail shops, commercial
businesses and restaurants. The ground units to Fowler House are currently
occupied as follows:
No.236 - Nails and Beauty salon
No.238 - Barbers
No. 240 - Pharmacy
No. 242 - mini market shop
No. 244 - Raj News (newsagent)
No. 246 - Perfect Fried Chicken
No. 248 - Andalucia Patisserie
No.250 - meat, fruit and vegetable shop
No. 252 - O and K Chinese restaurant
No. 254 - Grocery shop
1.4 The property is not listed and is not located in a Conservation Area but falls
within a designated local centre.
Wandsworth Road Local Centre
2. PROPOSED DEVELOPMENT
2.1 The application seeks permission for the 'Change of use to a combined
Restaurant/Cafe (Use Class A3) and Take Away (Use Class A5) involving
replacement of existing shopfront including installation of a new roller shutter
and awning together with the installation of a flue extract duct to the rear of
the property.
2.2 The proposal involves the installation of a flue extract that would truncate out
of the rear elevation between ground and first floor level. The proposed
change of use would result in no other exterior amendments to the property
under this application.
2.3 The submitted planning application forms do not propose hours of operation
for the Use Class A5 element of the proposal, however the recently approved
(at appeal) planning application (13/02445/FUL) for the change of use of the
ground floor unit from a shop (Use Class A1) to a restaurant/café (Use Class
A3) sets out the approved A3 hours of operation as follows: The premises
shall not be open to customers outside the hours of 0700 to 2300 Sundays to
Fridays inclusive or outside the hours of 0700 to midnight on Saturdays.
2.4 The combined A3/A5 use has an indicative cover for a maximum of 20
patrons. It would serve chicken/kebabs/salad and chips and the split in trade
would be in the region of 50:50.
Ground Floor Plan and Elevations as Existing
Plans and Elevations as Proposed
3. PLANNING HISTORY
3.1 - 13/02445/FUL - 'Change of use of the ground-floor unit from a shop (Use
Class A1) to a restaurant/Cafe (Use Class A3), the replacement of the shop
front, the installation of a new roller shutter and awning and the installation of
a flue extract duct at the rear of the premises. Application refused 19.08.2013.
Appeal allowed 27.01.2014. This is considered to be a significant material
consideration.
3.2 -13/02446/ADV - 'Display of an externally illuminated fascia and an externally
illuminated projecting sign'. Application refused 19.08.2013.
4. CONSULTATIONS
4.1 Public consultation was undertaken in accordance with statutory and council
requirements. Due to the need to re-consult surrounding occupiers, letters
were sent out to 57 surrounding occupiers on the 3rd April 2014 and the 20th
May 2014. A site notice was displayed on the 26th May 2014.
4.2 Internal Consultation
4.3 Regulatory Services - food safety
4.4 Comment received that a condition should be attached stating that the noise
from extractor fan and flue shall not exceed the existing background noise
level when measured outside nearest noise sensitive or residential premises.
4.5 Street care - no representations received.
4.6 Transport/Highways - It is not clear whether the applicant wants to operate a
delivery service from the site. If not managed appropriately delivery scooters
and other associated vehicles do have potential to cause a nuisance to other
highway users with parking on footways causing an obstruction and riding on
footways posing a safety risk. Therefore prior to any deliveries being operated
from the site a Delivery Management Plan should be submitted to the LPA for
approval. If the applicant intends to operate a pick-up service only in respect
of the A5 use then this document does not need to be submitted.
Subject to a condition in respect of a Delivery Management Plan no objection
is raised to the proposals.
4.7 Crime Prevention Design - no representations received.
4.8 External Consultation
The following local amenity groups and official local bodies were consulted on
the proposal:
- Clapham Society
- Friends of Larkhall Park.
No responses have been received at the time of writing.
4.9 One objection has been received from a local resident (neighbour at 174A
Wandsworth Road) which has been summarised and addressed as follows:
Objections summarised Officer comments
Lack of need for another
restaurant/takeaway in this
location
The proposed change of use does
breach the threshold for A3, A4 or A5
uses within a local centre. However, the
recent appeal decision has confirmed that
if residential amenities are sufficiently
protected through consideration of
Policies 7 and 29, a failure to comply with
Policy 29 on the '2 in 5 consecutive units'
test is of itself not a reason for refusal.
The change of use will make
the area a lot more noisy and
possibly lead to more petty
crime by youths
The Council’s Noise Officer has not
objected to the application subject to a
condition controlling noise levels from the
extractor fan and flue. The Council’s
Highways Officer has not objected to the
application subject to the submission of a
Delivery Management Plan as a condition.
5 Planning Policy Considerations
National Guidance
5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires
planning decisions to be made in accordance with the development plan
unless material considerations indicate otherwise. The development plan in
Lambeth is the London Plan ('consolidated with Alterations since 2004'
published in February 2008), the Lambeth Core Strategy (adopted 19 January
2011) and the remaining saved policies in the 'Lambeth Unitary Development
Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded
by the LDF Core Strategy January 2011'. Material considerations include
national planning policy statements and planning policy guidance.
5.2 On 27th March 2012, the Government published the National Planning Policy
Framework. This document had the immediate effect of replacing various
documents including, amongst other documents, PPS1, PPS3, PPS4, PPS5,
PPS12, PPG13, PPG17 and Circular 05/2005: Planning Obligations.
5.3 The National Planning Policy Framework sets out the Government's planning
policies for England and how these are expected to be applied. It reinforces
the Development Plan led system and does not change the statutory status of
the development plan as the starting point for decision making. The NPPF
sets out that the National Planning Policy Framework must be taken into
account in the preparation of local and neighbourhood plans, and is a material
consideration in planning decisions. Moreover, it sets out that in assessing
and determining development proposals, local planning authorities should
apply the presumption in favour of sustainable development.
The London Plan 2011
5.4 The London Plan was published in July 2011 and replaces the previous
versions which were adopted in February 2004 and updated in February
2008. The London Plan is the Mayor's development strategy for Greater
London and provides strategic planning guidance for development and use of
land and buildings within the London region.
5.5 The London Plan is the overall strategic plan for London, and it sets out a fully
integrated economic, environmental, transport and social framework for the
development of the capital over the next 20-25 years. It forms part of the
development plan for Greater London. All Borough plan policies are required
to be in general conformity with the London Plan policies
5.6 The key policies of the plan considered relevant in this case are:
o Policy 1.1 - Delivering the strategic vision and objectives for London
o Policy 2.9 - Inner London
o Policy 7.1 - Building London's neighbourhoods and communities
o Policy 7.2 - An inclusive environment
o Policy 7.4 - Local character
o Policy 7.6 - Architecture
Lambeth LDF Core Strategy (2011)
5.7 The following policies are considered to be of relevance to the assessment of
this application:
o Policy S1 - Delivering the Vision and Objectives
o Policy S3 - Economic Development
o Policy S8 - Sustainable Waste Management
o Policy S9 - Quality of the Built Environment
London Borough of Lambeth Unitary Development Plan (2007): 'Policies saved
beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011'
5.8 The following policies are considered to be of relevance to the assessment of
this application:
o Policy 7 - Protection of residential amenity
o Policy 9 - Transport Impact
o Policy 19 - Active Frontage Uses
o Policy 29 - The Evening and Late Night Economy, Food and Drink and
Amusement Centre Uses
o Policy 31 - Streets, Character and Layout
o Policy 33 - Building Scale and Design
o Policy 36 - Alterations and Extensions
o Policy 37 - Shopfronts and Advertisements
6 Planning Considerations
6.1 Land Use and Principle of Change of Use
6.2 The principle of the change of use of the host property from a shop (Use
Class A1) to a restaurant/café (Use Class A3) has now been established. The
planning history of the site is considered to be a significant material
consideration in this instance. The appeal decision (January 2014) on the site
considers that the use of the site as a restaurant/café (Use Class A3) is
appropriate in land use planning terms (subject to the approval of conditions).
6.3 It is the aim of this application to secure a combined Use Class A3/Use Class
A5 use of the site to accommodate the anticipated 50:50 use of the site as a
restaurant/take away. The appeal decision (January 2014) states that 'this is a
mixed used area and, if residential amenities are sufficiently protected to
comply with Policies 7 and 29 of the Lambeth Unitary Development Plan, the
change of use would also accord with this Plan'. Furthermore, the appeal
decision states that 'the limitation "not more than 2 in 5 consecutive original
units should be in A3 use" relates only to the assessment under Policies 7
and 29 of the potential impact on residential amenities of a local concentration
of food and drink uses.'
6.4 Policy S3 of the Core Strategy states that the Council will support local
economic development for a range of business and job opportunities, and
shall include safeguarding local shops and other local services to meet
community need within neighbourhoods. Policy PN10 relates specifically to
Local Centres and their role in providing town centre, community and other
business and employment uses to meet local needs and sustainable
neighbourhoods. Policy 7 states that in mixed-use areas, the scale, design,
layout, hours-of-use, intensity, concentration, and location of non-residential
uses, will be controlled in relation to residential uses to protect residential
amenity.
6.5 The application would result in the change of use of a currently occupied and
active retail shop to a restaurant/take away. The principle of this change of
use needs consideration against the above policy context and that of the
recent appeal decision. Furthermore, policy 29 of the Core Strategy sets the
context to the consideration of the restaurant/take away being a combined
Class A3/Class A5, night time economy, use.
6.6 The proposal would fail to accord with Policy 29 whereby allowing the change
of use would trigger an increased concentration of such night time economy
uses above those deemed acceptable, being no more than 25% of original
units nor more than 2 in 5 consecutive units. However, the recent appeal
decision has confirmed that if residential amenities are sufficiently protected
through consideration of Policies 7 and 29, a failure to comply with Policy 29
on the '2 in 5 consecutive units' test is of itself not a reason for refusal.
6.7 Noise
6.8 Policies 29 and Policy 7 seek to protect the amenities of residents and
neighbouring occupiers. The recently permitted A3 use of the site was subject
to a number of conditions. Condition 3 states that: The premises shall not be
open to customers outside the hours of 0700 to 2300 Sundays to Fridays
inclusive or outside the hours of 0700 to midnight on Saturdays. If these hours
were applied to the proposed combined A3/A5 use these hours of operation
are considered to be not atypical of an A3/A5 use.
6.9 The recent appeal decision states that the existing concentration of food and
drink uses in a mixed use area (hot food takeaway at No 246, restaurant at
No 252 and café element of the patisserie at No 248) would be unlikely to
reduce the current standard of residential amenity provided the proposed use
is adequately controlled. The Inspector recommended a number of conditions
to control the proposed A3 use as follows:
1. Before the use commences, an exit management plan designed to reduce the
noise customers may make when leaving the premises shall be submitted to
and approved by the local planning authority in writing. The premises shall be
managed in accordance with the approved plan.
2. Before the use commences the premises shall be adapted so as to provide
sound insulation against internally-generated noise in accordance with a
scheme to be submitted to and approved by the local planning authority in
writing. The adaptations shall be retained.
3. No sound-amplifying equipment shall be operated in the premises so as to be
audible within any residential accommodation.
Should planning permission be granted, these conditions should be applied to
the combined A3/A5 proposed use.
6.10 The Council's Noise Officer has assessed the proposed development and
raised no objection to the scheme subject to a condition requiring that the
noise from extractor fan and flue shall not exceed the existing background
noise level when measured outside nearest noise sensitive or residential
premises.
6.11 Fumes/Smells
6.12 In order to operate an A5 Hot Food Takeaway an external extractor duct and
flue would be installed at the rear of the premises. The same external
extractor duct and flue were part of the A3 'appeal' planning application to
which the Inspector raised no objection subject to condition. The Council's
Noise Officer and Environmental Health Officer raise no objections to the flue
subject to conditions.
6.13 Therefore subject to conditions the proposed development would not
significantly adversely impact upon the residential amenity of neighbouring
properties in terms of noise and air quality. On balance the proposed
development would be in general accordance with policies 29 and 7 of the
Lambeth Unitary Development Plan 2007 'Saved Policies'.
6.14 Transport and highways
6.15 Policy S4 seeks to achieve development which utilises sustainable transport
methods. Policy 9 states that development proposals will be assessed in
terms of transport impacts including cumulative impacts on highway safety
and general road network environment. Policy 29(iii) states that vehicular
movements (including those of customers) should not cause a noise nuisance
to local residents or cause traffic problems (especially for take-away/delivery
uses, where necessary and locally supported extensions of parking controls
into the evenings will be secured).
6.16 The applicant has confirmed that deliveries will be made from the application
site at some point in the future. The Council's Highways Officers have
provided comment on the application and have advised that in the event
deliveries are made from the site a Delivery Management Plan should be
submitted to the Local Planning Authority for approval.
6.17 Therefore subject to conditions, the proposed development is unlikely to
adversely impact upon the local highway and general road network and would
be in general accordance with policy S4 of the Lambeth Local Development
Framework Core Strategy 2011 and policies 7, 9 and 14 of the Lambeth
Unitary Development Plan 2007 'Saved Policies'.
6.18 Design and appearance of the development
6.19 Policy 19 requires development in local centres where it would promote urban
vitality to have active frontages open to the public. Policy 31 seeks to achieve
development which addresses the street and maintains acceptable access for
all. Policies 33 and 36 require alterations and extensions to buildings to be in-
keeping with the character of the building and to be generally subordinate to
the existing built form. Policy 37 requires changes to shop fronts to relate well
to the character of the building with original features to be retained, repaired
or reinstated where possible.
6.20 The proposed external changes relate to the front and rear of the site, being
the replacement of the shop front, the installation of a new roller shutter,
awning and the installation of a flue extract duct at the rear of the premises.
The previous planning 'appeal' application considered that the proposed
external changes were acceptable. It is considered that the proposed shop
front, roller shutter, awning and flue would not significantly alter the
appearance of the existing building and therefore would satisfy the
requirements of Policies 33 and 36. Details of the design and appearance of
the flue have not been provided, subject to further details of the design and
appearance of the flue therefore, the proposed flue would not represent an
unacceptable addition to the rear of a building within a local shopping centre.
6.21 Based on the foregoing the proposed development would be in general
accordance with policy S9 of the Lambeth Local Development Framework
Core Strategy 2011 and polices 31, 33 and 36 of the Lambeth Unitary
Development Plan 2007 'Saved Policies'.
7 Conclusion
7.1 The principle of the change of use of the host property from a shop (Use
Class A1) to a restaurant/café (Use Class A3) has now been established. The
planning history of the site is considered to be a significant material
consideration in this instance. The appeal decision (January 2014) on the site
considers that the use of the site as a restaurant/café (Use Class A3) is
appropriate in land use planning terms (subject to the approval of conditions).
7.2 The appeal decision confirms that if residential amenities are sufficiently
protected through consideration of Policies 7 and 29, a failure to comply with
Policy 29 on the '2 in 5 consecutive units' test is of itself not a reason for
refusal. The test therefore is to consider the impact on residential amenity
(saved Policy 7) in this mixed-use area and assess the impact on the
thresholds stipulated within saved Policy 29.
7.3 Subject to conditions, the proposed combined A3/A5 use of the site would not
significantly adversely impact upon the residential amenity of neighbouring
properties in terms of noise or air quality.
7.4 The proposed new door, roller shutter and awning would not significantly alter
the appearance of the existing building.
7.5 The proposed extractor duct and flue, subject to conditions, would not
significantly detract from the appearance of the building and would not
significantly adversely impact upon the residential amenity of neighbouring
properties.
7.6 The proposed change of use from A1 to mixed A3/A5 is not considered to be
likely to significantly increase opportunities for crime or the risk of public
disorder in this location.
8 Recommendation
8.1 Grant full planning permission for a Change of use of Retail Unit (Use Class
A1) to combined Restaurant (Use Class A3)/Hot Food Takeaway (Use Class
A5) involving replacement of existing shopfront including installation of a new
roller shutter and awning together with the installation of a flue extract duct to
the rear of the property.
Conditions 1 The development to which this permission relates must be begun not later than the
expiration of three years beginning from the date of this decision notice.
Reason: To comply with the provisions of Section 91(1) (a) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory
Purchase Act 2004.) 2 The development hereby permitted shall be carried out in accordance with the
approved plans listed in this notice.
Reason: For the avoidance of doubt and in the interests of proper planning. 3 The premises shall not be open to customers outside the hours of 0700 to 2300 on
Sundays to Fridays inclusive or outside the hours of 0700 to midnight on Saturdays.
Reason: In order to protect the residential amenity of the locality in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies saved beyond 5th August 2010, Policy S2 of the Local Development Framework Core Strategy and Policy 7.15 of the London Plan (2011).
4 Before the use commences, an exit management plan designed to reduce the noise
customers may make when leaving the premises shall be submitted to and approved by the local planning authority in writing. The premises shall be managed in accordance with the approved plan.
Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies as saved beyond the 5th August 2010 and Policy S2 of the Local Development Framework Core Strategy (2011).
5 Before the use commences the premises shall be adapted so as to provide sound
insulation against internally-generated noise in accordance with a scheme to be submitted to and approved by the local planning authority in writing. The adaptations shall be retained.
Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies as saved beyond the 5th August 2010 and Policy S2 of the Local Development Framework Core Strategy (2011).
6 No sound-amplifying equipment shall be operated in the premises so as to be
audible within any residential accommodation.
Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies as saved beyond the 5th August 2010 and Policy S2 of the Local Development Framework Core Strategy (2011).
7 Before the use commences, full details of the measures to be taken to control the
emission of fumes and smells from the premises shall be submitted to and approved in writing by the local planning authority and the approved measures shall be implemented. All items installed as part of the approved measures shall be retained and shall be operated and maintained as approved and in accordance with the manufacturer's instructions.
Reason: To protect the amenities of adjoining properties and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies as saved beyond the 5th August 2010 and Policy S2 of the Local Development Framework Core Strategy (2011).
8 Noise from extractor fan and flue shall not exceed the existing background noise
level when measured outside nearest noise sensitive or residential premises.
Reason: To protect the amenities of adjoining properties and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies as saved beyond the 5th August 2010 and Policy S2 of the Local Development Framework Core Strategy (2011).
9 Prior to the commencement of the development hereby approved a detailed Delivery
Management Plan to cover deliveries made to the development and from the development, shall be submitted in writing to the Local Planning Authority for approval. The development shall thereafter be carried out in full accordance with the approved details of the Delivery Management Plan unless otherwise agreed to in writing by the Local Planning Authority.
Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policies 7, 9 and 29 of the Unitary Development Plan, Policy S2 of the Local Development Framework Core Strategy (2011).
10 Before the use commences, full details of the measures to be taken for the storage
of refuse and items to be recyled and the disposal of waste substances shall be submitted to and approved by the local planning authority in writing and approved measures shall be implemented. The approved measures shall be retained and managed as approved.
Reason: To ensure that adequate provision is made for the storage of refuse, the disposal of waste and the provision of recycling facilities on the site and in the interests of the amenities of the area in accordance with Policy S8 of the Local Development Framework Core Strategy (2011).
Informatives 1 This decision letter does not convey an approval or consent which may be
required under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.
2 Your attention is drawn to the provisions of the Building Regulations, and
related legislation which must be complied with to the satisfaction of the Council's Building Control Officer.
3 In relation to condition 5 of this consent, you are advised that The London
Borough of Lambeth's 'Waste and Recycling Storage and Collection Requirements: Guidance for Architects and Developers' (July 2013) is available on the planning pages of the Council's website: www.lambeth.gov.uk.
4 Your attention is drawn to the need to comply with the requirements of the
Control of Pollution Act 1974 concerning construction site noise and in this respect you are advised to contact the Council's Environmental Health Division.
5 You are advised to consult the Council's Environmental Health Division
concerning compliance with any requirements under the Housing, Food, Safety and Public Health and Environmental Protection Acts and any by-laws or regulations made there under.
6 Your attention is drawn to the necessity to register your food business with the
Council's Environmental Health Division, under the Food Premises (Registration) Regulations 1991 before the use commences. Failure to do so may result in prosecution.
7 Thames Water recommends the installation of a properly maintained fat trap
on all catering establishments. We further recommend, in line with best practice for the disposal of Fats, Oils and Grease, the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel. Failure to implement these recommendations may result in this and other properties suffering blocked drains, sewage flooding and pollution to local watercourses. Further information on the above is available in a leaflet, 'Best Management Practices for Catering Establishments' which can be requested by telephoning 020 8507 4321