Agenda item

Demolition of existing workshop building and construction of an office and workshop building underneath the viaduct arch number 9.

RECOMMENDATION: grant permission subject to conditions

The Committee considered a report on the application to grant planning permission for the demolition of existing workshop building and construction of an office and workshop building underneath the viaduct arch number 9. 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. The attention of the Committee was drawn to a tabled addendum setting out an amendment to condition 3 which current outlined restrictions on the hours of operation of the unit. Following an investigation, a revised condition was proposed requiring written Council approval of the means of ventilation for the unit including odour control and noise levels in order to safeguard the amenity of adjoining properties.

An objector addressed the Committee and raised the following points regarding the application:

·         The arches had suffered from mismanagement over the years

·         No precedent was in place for a food production business in the area

·         Concerns were expressed that the proposed business would be able to operate on a Sunday and bank holidays, causing a nuisance to surrounding residential areas. 

The applicant briefly addressed the Committee and outlined that the granting of the application would allow the expansion of their cupcake business and provided assurance that the business would not be run on Sundays.

The Committee sought clarification on the situation regarding the imposition on restrictions on Sunday and bank holiday hours of use as proposed by the objector and agreed by the applicant, and whether this could be formalised through a condition. Officers advised that currently the unit had no operating hour restrictions imposed under the planning regime but did under the terms of the lease which wasn’t a material planning consideration and which fell under separate legislative provisions for enforcement. The Committee were advised that the imposition of this additional condition could not be justified with regard to the meeting of the statutory tests for the imposition of conditions. Officers considered that the proposed revision to condition 3 was justified, met the statutory test and would address the main grounds of objection to the application covering concerns about noise and odour nuisance.

The Chair moved the recommendation of the report and it was

RESOLVED

·         That planning application HGY/2014/3410 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 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.   The use hereby permitted shall not be operated before 10:00 hours or after 21:00 hours Monday to Friday, before 09:00 hours or after 21:00 hours Saturdays and before 09:00 hours or after 17:00 hours 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.

INFORMATIVES

Informative: Hours of Construction

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: Waste

The applicant is advised that Commercial Business must ensure all waste produced on site are disposed of responsibly under their duty of care within Environmental Protection Act 1990. It is for the business to arrange a properly documented process for waste collection from a licensed contractor of their choice. Documentation must be kept by the business and be produced on request of an authorised Council Official under section 34 of the Act. Failure to do so may result in a fixed penalty fine or prosecution through the criminal Court system.

Waste must be properly contained to avoid spillage, side waste and windblown litter. Waste collection arrangements must be frequent enough to avoid spillage and waste accumulations around the bin area and surrounding land both private and public. 

Informative: Thames Water

The applicant is advised that there is a Thames Water main crossing the development site which may/will need to be diverted at the Developer's cost, or necessitate amendments to the proposed development design so that the aforementioned main can be retained. Unrestricted access must be available at all times for maintenance and repair. Please contact Thames Water Developer Services, Contact Centre on Telephone No: 0800 009 3921 for further information.