Agenda item

Redevelopment of the site to provide a 4 screen cinema (1,956sqm) (Class D2 use) with ancillary cafe/bar (Class A3/A4 uses), roof top plant, associated infrastructure and other works including proposed hours of opening: 08:00 to 00:30 hours Sunday to Wednesday and Public Holidays and 08:00 to 01:30 hours Thursdays to Saturdays.

RECOMMENDATION: grant permission subject to conditions and the signing of a s106 legal agreement.

The Committee considered a report on the application to grant planning permission for the redevelopment of the site at 165 Tottenham Lane to provide a four screen cinema with ancillary café/bar, roof top plant and associated infrastructure and other works. 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 and the signing of a s106 agreement.

The planning officer gave a short presentation highlighting the key aspects of the report. The Committee were updated that since the publication of the report, additional consultation responses had been received from Cllr Strang and Cllr Winskill. Although neither objected or supported the application, Cllr Winskill proposed the imposition of an additional condition requiring the applicant to undertake an acoustic survey and to implement any resulting sound proofing measures recommended. Officers confirmed that this condition would be added to any permission granted. A petition had also been received from the Fairfield Road Resident’s Association.

The Committee expressed concern over the potential impact of the application on existing traffic pressures in the town centre area and how any adverse effect on parking in the locality would be mitigated. Officers confirmed that a traffic assessment had been undertaken for the application, based on a three month traffic survey and traffic levels and patterns from similar Picturehouse cinemas. The assessment identified that, based on a worst case scenario of 100% cinema occupancy levels, there would be sufficient capacity within 400m of the site to accommodate forecast parking demand associated with the application. The Council’s transportation team would also review the existing parking arrangements in the local area as well as, in consultation with local residents, exploring the potential for extending the hours of the local Controlled Parking Zone. Additional transport surveys had also been undertaken utilising the TRAVL trip prediction database and also taking into account a worst case cumulative traffic scenario for the proposed Picturehouse cinema and the nearby Art House cinema. Based on this evidence, the transport team did not have any objections to the application subject to the inclusion of a number of additional conditions as set out within the report.

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

·        Insufficient consideration had been given to the impact of the operation of two cinemas in close proximity in a town centre, particularly capacity problems at peak times.

·        The scale of the cinema was considered to be overbearing to properties on Fairfield Road and Gardens and would potentially cause overshadowing to nearby residential properties.

·        In terms of design, the proposed building was out of character with the Crouch End Conservation Area.

·        Concerns were expressed regarding the potential for noise and vibrations to be emitted from the cinema building, particularly from the external plant equipment and the potential impact on properties closest to the cinema on Fairfield Road.

·        Residents in the nearby residential streets would also potentially be disturbed by the noise from customers entering and exiting the cinema late at night.

The Committee were also provided with a copy of a petition provided by the Farifield Resident’s Group which had been signed by over 300 signatories. The Committee expressed concern however that not all signatories appeared to be resident in the Crouch End area.

A representative from Picturehouse Cinemas Ltd addressed the Committee and raised the following points:

·        The company had experience in running successful town centre based cinemas and considered the Tottenham Lane site to be an appropriate location for a new cinema.

·        The flow of customers would be staggered across the day inline with film showings, with peak customer levels outside of rush hour times during the evenings and weekend.

·        The cinema building would be constructed to a high acoustic specification and the monitoring of noise from plant equipment would be subject to ongoing monitoring via cinema management.

·        Traffic surveys had been undertaken based on a five minute walk radius which demonstrated that surrounding residential streets could accommodate additional parking from the cinema. Confirmation was provided that parking studies had also been undertaken based on worst case scenarios, although from experience a 57% peak capacity would be a more customary customer level.

·        Experience from other cinemas in the chain suggested that the majority of customers used public transport to get to the venue.

In response to a question from the Committee, the applicant confirmed that the feasibility would be explored of securing the provision of alternative parking arrangements through deals with local businesses in the area to potentially utilise parking capacity outside of main business hours in the evenings and weekends. Officers agreed to add this as an informative.  

The Chair moved the recommendation contained within the report including the informative above, and it was

RESOLVED

·        That planning permission HGY/2011/1984 be approved subject to conditions and the signing of a s106 agreement.

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 Section 91 of the Town & Country Planning Act 1990 and to prevent the accumulation of unimplemented planning permissions.

2. The development hereby authorised shall be carried out in accordance with the plans and specifications submitted to, and approved in writing by the Local Planning Authority.

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

3. No development shall commence until a detailed report, including Risk

Assessment, detailing management of demolition and construction dust has been submitted to, and approved in writing by the Local Planning Authority. This shall be with reference to the London Code of Construction Practice. In addition either the site or the Demolition Company must be registered with the Considerate Constructors Scheme. Proof of registration must be sent to the Local Planning Authority prior to any works being carried out on the site.

Reason: To ensure that the construction does not prejudice the ability of

neighbouring occupiers' reasonable enjoyment of their properties.

4. The development hereby permitted shall not be occupied until a final Certificate has been issued certifying that BREEAM (or any such equivalent national measure of sustainable building which replaces that scheme) rating ‘Very Good’ has been achieved for this development

Reason: To ensure that the development achieves a high level of sustainability

5. No development shall commence until a construction management plan (CMP) and construction logistics plan (CLP) have been submitted to and approved in writing by the Local Planning Authority. The Plans should provide details on how construction work (inc. demolitions) would be undertaken in a manner that disruption to traffic and pedestrians on Tottenham Lane and Fairfield Gardens would be minimised. It is also requested that construction vehicle movements should be carefully planned and co-ordinated to avoid the AM and PM peak periods.

Reason: To reduce congestion and mitigate any obstruction to the flow of traffic on the transportation and Highways network.

6. No development shall commence until a delivery and servicing plan (DSP) has been submitted to and approved in writing by the Local Planning Authority.

Reason: To reduce congestion and mitigate any obstruction to the flow of traffic.

7. The necessary works to remove the existing crossover and reconstruct the

footways will be carried out by the Council at the applicant's expense once all the necessary internal site works have been completed. The applicant should

telephone 020-8489 1316 to obtain a cost estimate and to arrange for the works to be carried out before works commences on site.

Reason: In the interest of highway safety and to protect the visual amenity of the locality.

8. The applicant is required to provide the Local Planning Authority a parking review plan which includes parking surveys within 600 of metres of the site. Parking surveys should be submitted 3 months prior to the occupation of the development, and every 6 months thereafter for a period of 1 year.

Reason: To monitor the impact of the proposed development on the transportation and highways network and its impact on residential amenity in the area surrounding the site.

9. The use hereby permitted shall not be operated before 08:00 hours or after 00:30 hours Sunday to Wednesdays and Public Holidays, and before 08:00 hours or after 01:30 hours Thursday to Saturdays.

Reason: To facilitate the beneficial use of the premises whilst ensuring that the amenities of adjacent residential properties are not diminished.

10.At no time shall any amplified speech or music generated from the site be audible within the adjoining residential premises.

Reason: To prevent loss of amenity to neighbouring residential premises due to noise generated from the premises

11.Any noise generated by virtue of this development shall not cause an increase in the pre-existing background noise level or more than 5db (A). In this context, the background level is construed as measuring the level of noise which is exceeded for 90% of the time.

Reason: In order to protect the amenities of nearby residential occupiers.

12.The construction works of the development hereby granted shall not be carried out before 0800 hours or after 1800 hours Monday to Friday or before 0800 hours or after 1300 hours on Saturday and not at all on Sundays or Bank Holidays.

Reason: In order to ensure that the proposal does not prejudice the enjoyment of neighbouring occupiers of their properties.

13.The combined capacity of the cinema facility hereby approved shall be restricted to a maximum of 610 seats at any time. No variation to the above numbers shall be permitted without the prior written approval of the Local Planning Authority.

Reasons: To prevent loss of amenity to nearby residential properties, and minimise impact on the surrounding road and parking network

Informatives:

a) Thames Water Surface Water Drainage. With regard to surface water drainage it is the responsibility of a developer to make proper provision for drainage to ground, water courses 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 Ground Water. 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.

Reason: to ensure that the surface water discharge from the site shall not be detrimental to the existing sewerage system.

Water - Thames Water will aim to provide customers with a minimum 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.

b) Environmental Health

Prior to demolition of existing buildings, an asbestos survey should be carried out to identify the location and type of asbestos containing materials. Any asbestos containing materials must be removed and disposed of in accordance with the correct procedure prior to any demolition or construction works carried out.

c) Community Infrastructure Levy

The applicant is advised that the proposal will be liable for the Mayor of London's CIL. Based on the Mayor's CIL charging schedule and the information given on the plans, the charge will be £11,760 (£35 x 336sqm). This will be collected by Haringey after the scheme is implemented and could be subject to surcharges for failure to assume liability, for failure to submit a commencement notice and/or for late payment, and subject to indexation in line with the construction costs index.

d) Working with the applicant

In dealing with this application the Council has implemented the requirement in the National Planning Policy Framework to work with the applicant in a positive and proactive way. We have made available detailed advice in the form of our development plan comprising the London Plan 2011, the Haringey Local Plan 2013 and the saved policies of the Haringey Unitary Development Plan 2006 along with relevant SPD/SPG documents, in order to ensure that the applicant has been given every opportunity to submit an application which is likely to be considered favourably. In addition, where appropriate, further guidance was offered to the applicant during the consideration of the application.