Agenda item

Proposed continuation of the use of the external plaza area for a food market of up to 13 stalls for a maximum of 3 days per week (Temporary Planning permission previously granted P2020/1687/FUL and amended under P2022/4267/S73). The market would operate Tuesday, Wednesday and Thursdays between 9am and 4.00pm with food cooked and served between 11am and 2.30pm only.

(Planning Application Number: P2023/2365/FUL)

Ross Harvey, planning officer, introduced the report. The main change in this application compared to the previous one was the adjustment in vehicle stall sizes from 5.5 meters in length and 2.5 meters in width to 6 meters in length and 2 meters in width. The Committee report included a condition for standard permission implementation, mistakenly stating it required implementation within three years of permission being granted. However, as this application sought temporary permission, a new condition was recommended, based on a consent period of 36 months from the date of application determination if approved. The site was located in the Clerkenwell Green conservation area, surrounded by Grade II listed buildings. Strict conditions were proposed to mitigate potential impacts on neighbour amenity, including a 36-month usage restriction, limited operation hours from 9 am to 4 pm, specific cooking hours form 11am, a cap on stalls at 13, regulated vehicle movements based on submitted diagrams, and a condition on engines and generators to be switched off during market operation.

Questions were raised about the types of stalls, and it was clarified that there are 13 stalls with no specific restrictions on the number and mix of gazebos and vehicles. Concerns were expressed about water supply, and it was explained that operators would need to bring water onto the site themselves. Regarding any complaints during operation, it was mentioned that noise complaints in 2020 were resolved after the previous application was approved, and there have been no subsequent issues with noise or smell. An enforcement complaint about a planning breach was also resolved.

A resident living in flats adjacent to the market expressed that they do not object to the market itself. However, they raised concerns about previous complaints regarding refuse and cleanliness. While welcoming the proposed cleaning plan, their primary issue was the size of vans, specifically a change from 5 meters to 6 meters. They pointed out that there was a condition set in the last committee for 5-meter vans, and the concern is that this alteration could result in having up to 13 vans measuring 6 meters causing increased fumes and noise.

The applicant emphasized efforts to track and ensure that the increase vehicles size can fit on the site. It was mentioned that while the length was being increased the width was reduced and cooking facilities are regulated to operate within specific hours and there would still only be 13 stalls. In response to questions, it was clarified that the desire for different-sized vehicles stems from the current operators using 6-meter vans. Concerns about wheelchair access were addressed, with assurance that the location won't impair ramp access. The applicant indicated potential problems with the current vendors and their operations if vans were to be limited to the original 5 metre size.

In the discussion, concerns were raised about larger vans potentially intensifying fumes, with an emphasis on addressing air quality rather than just the size of the vans. Questions were posed about how the situation would be managed if it were a fixed restaurant with extractors, and the Planning Officer indicated that environmental health would need to assess this on a case by case basis. Clarification was sought on stall numbers and wheelchair access, with a proposal to amend the operational management plan condition preventing certain stalls (9 and 10) from being used by vehicles (e.g. used by gazebos only) and amending conditions to ensure accessibility. It was suggested that residents concerned about fumes can contact Environmental Health for assessment and potential mitigation. A recommendation was made to include an informative advising residents and the hotel to contact Environmental Health if there's an increase in fumes created from the 6 metre vans.

Councillor Klute proposed to grant the application with the above amendments and amended conditions and informative. Councillor Jackson seconded.

RESOLVED:

That following consideration of the case officer’s report (the assessment and recommendations therein), the presentation to Committee, submitted representations and objections provided verbally at this meeting, the planning permission be granted subject to the conditions and informatives set out in Appendix 1 (page 88-90 of the Agenda) of the officer report and an amendment of conditions set out above.