Agenda item

Proposal: Partial temporary change of use of building from light industrial B1 use to D2 use incorporating a climbing wall facility, yoga studio, ancillary cafe and offices, and retention of a portion of the existing B1 light industrial use.

Recommendation: grant permission subject to conditions.

RESOLVED to grant temporary planning permission, subject to conditions.

The Committee considered a report on the application to grant partial temporary change of use of building from light industrial B1 use to D2 use incorporating a climbing wall facility, yoga studio, ancillary cafe and offices, and retention of a portion of the existing B1 light industrial use.

The Planning Officer gave a short presentation highlighting the key aspects of the report. 

In response to the presentation, the Committee raised a number of questions and issues:

-           With regard to the temporary nature of the planning permission, the Committee were advised that the applicant could re-apply for permission once the five years were up, but if they did not apply then the use class would revert back to the original B1 use.

-           Councillor Carroll referred to the statement in the report that D2 leisure use within a local employment area was not strictly policy compliant, and requested that the policy be reviewed, as the proposal would increase employment levels in the area, and therefore should be compliant with the policy.

The Chair moved the recommendation of the report and it was

RESOLVED

That the Committee GRANT temporary planning permission and that the Head of Development Management is authorised to issue the planning permission and impose the conditions and informatives set out below.

1.         This permission shall be for a limited period expiring on 28/02/2022 when the use hereby approved shall be discontinued and determined and the land reinstated.

Reason: In order to enable the Local Planning Authority to review and assess the use following experience after a period of operation

2.         The development hereby authorised shall be carried out in accordance with the

following approved plans and specifications:

Drawing Nos. 1166/ 01, 02 & 03, Planning Statement prepared by Jones Town Planning dated January 2017, Design and Access Statement prepared by CG Architects dated January 2017.

Reason: In order to avoid doubt and in the interests of good planning.

3.         The approved uses in the detailed planning permission are as follows:

D2 use incorporating a climbing wall facility, yoga studio, ancillary cafe and offices, and B1 light industrial use

a)     The floor area of both the D2 use with ancillary cafe and B1 light industrial use shall not at any time be enlarged and shall not exceed the floor areas indicated on the drawings hereby approved.

b)   Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, and the Town and Country Planning (General Permitted Development) Order 1995 (as amended), there shall be no change of the particular use of the D2 or B1 light Industrial hereby approved.

Reason: In order to control the nature of the D2 use with ancillary cafe and B1 light industrial use uses on the site and in order to ensure the uses are compatible with the surrounding area because other uses within the same Use Class or another Use Class are not necessarily considered to be acceptable consistent with Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

4.         The D2 with ancillary use hereby permitted shall not be operated before 06:00 hours or after 23:00 hours Monday to Sunday and the B1 (c) use hereby permitted shall not be operated before 06:00 or after 19:00 hours Monday to Friday before 08:00 hours or after 18:00 hours on Saturdays, and not at all Sundays and Bank Holidays

Reason: This permission is given to facilitate the beneficial use of the premises whilst ensuring that the amenities of adjacent residential properties are not diminished consistent with Saved Policy UD3 of the Haringey Unitary Development Plan 2006

5.    Prior to first occupation of the development, a travel plan which shall include clear  objectives and modal split targets, together with a time-bound schedule of implementation,  monitoring, regular review and update shall be submitted to and approved in writing by the  local planning authority and thereafter operated in accordance with the agreed details.

Reason: To minimise the traffic impact generated by this development on the adjoining roads, and to promote travel by sustainable modes of transport.

6.    Prior to commencement details of arrangements for cycle storage (including means of enclosure for the area concerned where necessary) shall be submitted to, and approved in writing by, the Local Planning Authority before any part of the development hereby permitted is commenced and the approved arrangements shall be completed to the satisfaction of the Authority before any part of the development is first occupied, and permanently maintained thereafter to the Authority’s satisfaction.

          Reason: To ensure that adequate cycle storage facilities are provided

7.    Prior to first occupation of the development hereby permitted, a Parking Allocation Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include details of parking allocation between the various uses on site. Such plan shall be followed at all times and not be varied without the prior agreement in writing by the Local Planning Authority.

Reasons: Development without provision of adequate facilities for the parking and garaging of motor vehicles is likely to inconvenience other vehicles and to be detrimental to amenity and prejudicial to conditions of safety.

8.    Prior to first occupation of the development hereby permitted, a Delivery and Service  Plan (DSP) shall be submitted and approved in writing by the Local Planning Authority.  The Plans should provide details on how on-site servicing and pedestrian access will be managed in a manner that minimises hazard to pedestrians and users of the site.

Reason: In order to ensure that the proposed development does not prejudice the free flow of vehicular and pedestrian traffic or the conditions of general safety of the highway consistent with Policy 6.13 of the London Plan 2011 and Saved Policies UD3 and M10 of the Haringey Unitary Development Plan 2006.

9. No development shall take place until a detailed scheme for the provision of refuse and waste storage and recycling facilities has been submitted to and approved in writing by the Local Planning Authority. Such a scheme as approved shall be implemented and permanently retained thereafter.

Reason: In order to protect the amenities of the locality and to comply with Saved Policy UD7 of the Haringey Unitary Development Plan 2006 and Policy 5.17 of the London Plan 2016.

Informatives:

INFORMATIVE :  In dealing with this application, Haringey Council has implemented the requirements of the National Planning Policy Framework and of the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012 to foster the delivery of sustainable development in a positive and proactive manner.

INFORMATIVE :  Hours of Construction Work: The applicant is advised that under the Control of Pollution Act 1974, construction work which will be audible at the site boundary will be restricted to the following hours:-

- 8.00am - 6.00pm    Monday to Friday

- 8.00am - 1.00pm    Saturday

- and not at all on Sundays and Bank Holidays.

INFORMATIVE :  Party Wall Act: The applicant's attention is drawn to the Party Wall Act 1996 which sets out requirements for notice to be given to relevant adjoining owners of intended works on a shared wall, on a boundary or if excavations are to be carried out near a neighbouring building.

INFORMATIVE :  The new development will require numbering. The applicant should contact the Local Land Charges at least six weeks before the development is occupied (tel. 020 8489 5573) to arrange for the allocation of a suitable address.

INFORMATIVE : The London Fire Brigade strongly recommends that sprinklers are considered for new developments and major alterations to existing premises, particularly where the proposals relate to schools and care homes. Sprinkler systems installed in buildings can significantly reduce the damage caused by fire and the consequential cost to businesses and housing providers, and can reduce the risk to life. The Brigade opinion is that there are opportunities for developers and building owners to install sprinkler systems in order to save money, save property and protect the lives of occupier.  . 

INFORMATIVE: With regards to surface water drainage, it is the responsibility of a developer to make proper provision for drainage to ground, water course, or a suitable sewer.  In respect of surface water, it is recommended that the applicant should ensure that storm flows are attenuated or regulated into the receiving public network through on or off site storage.  When it is proposed to connect to a combined public sewer, the site drainage should be separate and combined at the final manhole nearest the boundary.  Connections are not permitted for the removal of groundwater.  Where the developer proposes to discharge to a public sewer, prior approval from Thames Water Developer Services will be required.  They can be contacted on 0845 850 2777.

INFORMATIVE :  Thames Water will aim to provide customers with a minum pressure of 10m head (approx. 1 bar) and a flow rate of 9 litres/minute at the point where it leaves Thames Waters pipes.  The developer should take account of this minimum pressure in the design of the proposed development.