LAMBETH PLANNING APPLICATIONS COMMITTEE - … · 2014-12-18 · LAMBETH PLANNING APPLICATIONS...

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LAMBETH PLANNING APPLICATIONS COMMITTEE Case Number 14/01590/FUL Application Address Premier, 242 Wandsworth Road, London, SW8 2JS

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