Agenda item

Change of use at ground floor level from Class B1 (a) to mixed A1/A3 sandwich bar/café (sui generis use).

(Planning application number: P2017/3435/FUL)

The planning officer reported the following amendment to condition 2 and requests from the applicant to conditions 3 and 5 detailed in the report:-

Condition 2 – Volume 2 February 2018 to replace the wording 21 December 2017.

Condition 3 – the addition of allowing waste collections from 2pm to 7pm every day.

Condition 5 – to add that the unit would not be open to the general public outside the hours of 5am to 11pm.

In the discussion the following points were made:

·         It was noted that waste would not be kept on the street for collection but kept on the premises until the collection vehicle arrived.

·         The applicant required a waste collection between 2pm and 7pm every day and was concerned that this was not included in condition 3.

·         The applicant required that condition 5 be amended in order that staff could attend the premises to accept deliveries outside of the opening hours (which only applied to patrons).

·         Although 2 year marketing had not been provided to justify the loss of office floorspace from this employment growth area, the site was also located within a local shopping area and the proposal only sought the change of use to the ground floor. Weight was given to the consideration that the Local Shopping Area seeks active ground floor frontages to contribute to the vitality and vibrancy of such areas as well as to the changing public realm context which would become more and more suited to an active retail function rather than ground floor office use.

·         Members felt that on-balance, due to the reduced office floorspace only at ground floor being lost to a use that was otherwise supported by policy in this instance, the scheme was suitable for support.

·         It was suggested that a waste management operational strategy could be required as part of the planning conditions to ensure clarity that no waste would be stored on the pavement.

Councillor Jenny Kay proposed a motion to amend for officers to further consider the servicing and delivery arrangements and hours of operation and reword in consultation with the Chair.  This was seconded by Councillor Alice Donovan-Hart and carried.

RESOLVED:

That planning permission be granted subject to the conditions and informatives set out in Appendix 1 of the officer report and the amendments to conditions outlined above the wording of which was delegated to officers and as set out below.

Condition 2:

CONDITION: The development hereby permitted shall be carried out in accordance with the following approved plans: Letter dated 21 December 2017, Letter dated 23 January 2018, Delivery and Servicing Management Plan vol. 2 dated February 2018, Planning, Design and Access Statement dated September 2017, Marketing Report and Recommendations dated August 2017, site location plan, NORWAY-Pret-01, NORWAY-Pret-03 Rev. A. REASON: To comply with Section 70(1)(a) of the Town and Country Planning Act 1990 as amended and also for the avoidance of doubt and in the interest of proper planning.

Condition 3:

SERVICING ARRANGEMENTS (COMPLIANCE): All service vehicle deliveries /collections/visits to and from the ground floor mixed use unit at Northway House, 257 – 258 Upper Street N1 1RU hereby approved must not take place outside hours of: 0200-0600 daily, or 1400-1900 daily for the collection of waste and recycling only.  Noise levels during these times must be kept to a minimum, including avoiding slamming doors, leaving engines running, loud voices and other associated noise creating activities. 

REASON: To ensure that resulting servicing arrangements do not adversely impact on existing and future residential amenity. 

Condition 5: 

HOURS OF OPERATION (COMPLIANCE): The ground floor mixed use unit hereby approved shall not operate (be open to members of the public) outside the hours of: 

0600-2200 Monday-Friday 

0630-2100 Saturdays

0630-2030 Sundays and Bank Holidays

REASON: To ensure that the proposed development does not have an adverse impact on neighbouring residential amenity.

Additional condition 6:

CONDITION: Prior to the first use of the premises as an A1/A3 (sui generis use), an Operational Waste Management Strategy shall be submitted to and approved in writing by the Local Planning Authority.  Thereafter the approved Operational Waste Management Strategy shall be implemented at all times and no change therefrom shall take place without the prior written consent of the Local Planning Authority.

REASON: To ensure that resulting waste collection and servicing arrangements do not adversely impact on existing and future residential amenity.