Decision details

The Committee considered a report on the application to grant planning permission for the construction of single storey temporary café/restaurant on a vacant site accessed from the Broadway formed from four recycled shipping containers. The report set out details of the proposal, the site and surroundings, planning history, relevant planning policy, consultation and responses, analysis, equalities and human rights implications and recommended to grant permission subject to conditions.

The planning officer gave a short presentation highlighting the key aspects of the report. Temporary planning permission was being sought for a 1 year period.

[19.12 – Cllr Doron arrived and by virtue of missing the officer introduction to the report, took no part in the determination of the application].

A number of objectors addressed the Committee and raised the following points regarding the application:

• The application would cause harm to the Conservation Area and Listed Building setting and that the Council’s Conservation Officer’s concurring view in this regard had been misrepresented within the report.
• The scope of the noise impact assessment undertaken had not included noise emanating from patrons of the café, the aspect of primary concern for neighbouring properties. It was considered that the Council had taken a cavalier approach to the risk of potential noise nuisance from an uninsulated building located in a residential area and which was contrary to the NPPF.
• The noise mitigation steps proposed were insufficient.
• The Council, as the freeholder of the site, had a vested interest in approving the application despite the concerns expressed by local residents.
• The Committee could not make an informed decision on the application without the provision of appropriate noise assessments and the subsequent consideration of appropriate mitigation. As such, the application should be refused or deferred.
• Crouch End was already well served with restaurants and cafes and the application would not enhance the Conservation Area.

Cllr Arthur addressed the Committee on behalf of the local Crouch End ward councillors. He identified that although the applicant had sought to engage with local residents and councillors and had good intentions for the business, the proximity of the site to properties on Weston Park and the insufficient mitigation measures proposed covering noise and litter meant that the application should be refused.  

The applicant’s representative addressed the Committee and raised the following points:

·         The venture would support local businesses used as suppliers, and provide employment and a service to the local community.

·         Despite the application being supported by the Planning Service, the applicant proposed a number of additional conditions be imposed to provide further assurance to local residents; no ancillary takeaway service provided, restricting the maximum number of covers to 38 inside and 12 outside, closure of the outside area from 7pm and requiring details of noise insulation works to be approved by the Council under condition. 

·         The orientation of the building in reference to neighbouring properties would mitigate any noise issues. Reports had shown that the structure would not cause overshadowing.

·         Emphasis was made of the non-permanent nature of the permission sought and that the Conservation Officer had not objected to the scheme on its basis as a temporary venture.

·         The site was currently utilised as a car park which would also generate noise.

The Committee sought clarification on the potential extension of the permission after the 1 year period. Officers advised that the applicant had originally sought two year permission but restricting this to one year provided the Council with greater control, in addition to being the land owner, over any renewal should any issues arise. It was emphasised that the Conservation Officer had no objections to the application as a temporary installation in place for a limited time period. 

The Head of Development Management advised that a noise assessment covering noise emitted from customers was not deemed justified for this application as the mitigating measures proposed would cover this aspect such as restrictions on hours of operation, the size of restaurant and use of the outside space. It was also emphasised that the currently vacant site, unofficially used for parking, was not enhancing the Conservation Area and reiterated that the application was only for a temporary structure.

The Chair moved the recommendation of the report including the additional conditions proposed by the applicant; no ancillary takeaway service, restricting the number of covers to 38 inside and 12 outside, the closure of the outside area from 7pm and requiring details of noise insulation works to be approved by the Council, and it was

RESOLVED

• That planning application HGY/2015/0561 be approved subject to conditions.

1.         The development hereby authorised must be begun not later than the expiration of 3 years from the date of this permission, failing which the permission shall be of no effect.

Reason: This condition is imposed by virtue of the provisions of the Planning & Compulsory Purchase Act 2004 and to prevent the accumulation of unimplemented planning permissions.

2.         The development hereby authorised shall be carried out in accordance with the following approved plans and specifications:

044.130, 044.131, 044.110D, 044.005A, 044.001D, 044.02.

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

3.         This permission shall be for a limited period expiring on 01/06/2016 when the building hereby approved shall be removed and the land reinstated.

Reason: The building, because of its design, size, materials and or siting, is not considered suitable for permanent retention.

4.         The use hereby permitted shall not be operated before 12:00 hours or after 22:00 hours Monday to Thursday, before 10:00 hours or after 23:00 hours Saturdays and before 10:00 hours or after 18:00 hours Sundays and Bank Holidays the external seating area shall not be used after 19:00 at any time. 

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.         The proposal shall not operate until the provision of refuse and waste storage and recycling facilities shown on plan 044.001 C have been 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 2011.

6.         The development shall not be occupied until the car parking and cycle storage shown on plan 044.001 C have implemented and thereafter retained.  The car parking and/ or loading and unloading facilities shall not be used for any other purpose.

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.

INFORMATIVE 1:  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 2:  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 4:  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.

INFORMATIVE 5: 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.

Please note that the conditions referred to in the minutes are those as originally proposed in the officer’s report to the Sub-Committee; any amended wording, additional conditions, deletions or informatives agreed by the Sub-Committee and recorded in the minuted resolution, will, in accordance with the Sub-Committee’s decision, be incorporated into the Planning Permission as subsequently issued.