Agenda item

Change of use of the ground floor only of the Former Fire Station from an office into a restaurant, including interior alteration andlisted building consent for change of use of the ground floor only of the Former Fire Station from an office into a restaurant, including interior alteration.

 

RECOMMENDATION: Grant planning permission and Listed Building Consent, subject to conditions.

 

The Committee considered a report on the application to grant planning permission and Listed Building consent for the change of use of the ground floor from an office into a restaurant including interior alteration. 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.

 

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

·         Concerns were raised over the operation of the venue as a café/takeaway during the day and a restaurant in the evening which was inconsistent with A3 use.

·         The applicant had previously indicated that the business would be seeking custom from passing football supporters on Spurs match days leading to concern about anti-social behaviour in the area.

·         Consideration should have been given to alternative locations in the local area for the venture such as the Bernie Grants Centre or partnering up with an existing restaurant in the area.

·         The area was already served by a large number of chicken takeaway shops.

·         Final confirmation was outstanding on the proposed location for the restaurant’s refuse bins.

·         No provision had been made for customer parking.

·         The potential frequent blockage of the access route to Isobel Place by supplier delivery vehicles or staff parking.

·         The restaurant could cause nuisance from noise and odour to adjacent businesses. A lack of detail had been provided on any soundproofing measures to be installed within the building in mitigation.

·         The venture would have an adverse impact on the other small businesses currently located in the building which would be forced to relocate due to the scheme and due to the regeneration of the wider area.

·         The restaurant food offer would not reflect the diversity of the area.

 

A representative for the applicant and a supporter addressed the Committee and raised the following points:

·         The scheme was a not for profit venture to create a family friendly, sustainable restaurant with a varied menu as opposed to a chicken takeaway shop.

·         A primary objective of the scheme was to create new jobs, up to 20 initially, and offer opportunities for young people to follow careers in catering.

·         A public health slant was key to the concept in offering an innovative, healthier and affordable alternative to chicken takeaways, particularly aimed at young people, following research by Public Health London into the high obesity levels in the area.

·         The venture would be sympathetic to and help preserve the Listed Building.

·         The applicant would maintain ongoing dialogue with local people and businesses in the interests of being a good neighbour, particularly as a social enterprise.

·         The applicant would seek to develop partnerships with other local institutions such as CONEL and the Tottenham Foundation with a view to enhancing job opportunities such as by providing linked catering courses.

·         It was requested that job opportunities from the venture be made available to other local organisations such as linking with the Bernie Grants Art Centre and Haringey Association of Assisted Living.

 

Cllr Peacock addressed the Committee in objection to the application. She reiterated concerns raised by residents at ward surgeries about the proliferation of chicken takeaway shops in the area and the potential negative impact of the venture especially from football supporter custom on Spurs match days. It was also felt that the restaurant would detract from the regeneration works to the Tottenham Green area and undermine the input local people had had into the design.

 

Cllr Goldberg addressed the Committee in his capacity of Cabinet Member for Economic Development. He outlined that the project would contribute to the regeneration and animation of the village green area and would generate much need new jobs in the borough to contribute to the challenging targets set following the Tottenham riots. The proliferation of chicken takeaway shops in the borough was recognised as a problem and it was reiterated that the venture aimed to offer a healthier alternative to these outlets.

 

The Committee raised the following points in discussion of the application:

·         Clarification was sought as to whether the proliferation of takeaway chicken shops in the area was a material planning consideration in determination of the application. Officers advised of an emerging policy position arising from the review underway of the borough’s Development Management Policies to control the clustering of new hot food takeaway outlets within the vicinity of schools. The Committee were advised that this was a material consideration but should not be given significant weight as the policy position had yet to be adopted. 

·         In response to a question, the Committee were advised that any public subsidy provided to the enterprise was irrelevant to the planning merits of the application. 

·         Concerns were raised over the change of use class sought for the building and whether therefore if the venture failed, the healthy food slanted offer could be changed to that of a regular fast food takeaway shop. Officers advised that the imposition of a planning condition to restrict any change to the food menu offered would fail the statutory tests required for conditions. The Council had a property interest however in the site which could potentially be used to manage future occupancy in the event the venture failed.

·         Concerns were raised over disabled access for the businesses decanted to the first floor of the building as a result of the project. The applicant advised that disabled access had never been provided to the first floor but that a disabled WC provided to the ground floor would be available for all users of the building. 

·         Officers provided information on the potential imposition of a personal permission condition to the application to reflect the unique characteristics of the healthy eating food offer and nature of the venture put forward by the applicant. It was however cautioned that this could not limit the future sale of any other food offer permissible within the A3 class usage.   

·         Clarification was sought from the applicant on whether the restaurant would provide a takeaway service including to football supporters on match days. Assurances were provided that the primary operation would be a sit down restaurant and that the venture would not be reliant on a takeaway offer as part of its business plan. The applicant however did not discount offering a limited takeaway offer, particularly on Spurs match days, to generate additional income to sustain the business. It was recognised however that this would require careful management.

·         In response to concerns regarding the takeaway offer generating increased littering in the area, the applicant reiterated that the primary business would be a restaurant for seated patrons.

·         Clarification was sought on the potential impact of the venture on local traffic and parking. Transport officers advised that the restaurant was considered to have negligible impact due to the small number of covers to be provided and its location in a highly accessible area with parking restrictions already in place in the form of double yellow lines.

·         Clarification was sought on the provision of outside seating. The applicant confirmed that there would not be permanent outdoor seating but a number of temporary tables used outside during the summer months.

·         Further details regarding proposed soundproofing to the building were requested. The applicant advised that measures would be installed to the rear wall. Officers proposed to replace conditions 4 and 5 in order to strengthen controls regarding noise, with a condition requiring the submission and approval by the Council of a noise management strategy to be implemented in perpetuity.

·         Further information was sought on the stated public health benefits of the scheme. It was advised that the Councils’ Director of Public Health was supportive of the venture as a harm reduction intervention under a wider obesity strategy for the borough, in particular through facilitating positive behaviour change.  

·         Reassurance was sought that changes made to the Listed Building could be reversed in the future in required. The conservation officer advised that the small, primarily internal alternations proposed would actually enhance the building by making it more ‘readable’ as an old fire station. In terms of the limited changes to the exterior, the extractor vent pipe to the southern elevation could easily be reversed to reinstate the building in the future.

 

Cllr Bevan put forward a motion to impose a personal permission condition for the permission to benefit the applicant only. At a vote, this motion fell. 

 

The Chair moved the recommendation of the report including the replacement condition covering noise management and it was

 

RESOLVED

·         That planning application HGY/2015/1405 be approved subject to conditions.

 

·         That Listed Building consent application HGY/2015/1406 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: 01-201 Site Plan As Proposed 1:200 A1 * A, 01-211 Ground Floor As Proposed 1:100 A1 * A, 01-212 Public Realm As Proposed 1:100 A1 * A, 01-301 Section AA As Proposed 1:50 A1 * A, 01-302 Section BB As Proposed 1:50 A1 * A, 01-401 Elevation AA As Proposed 1:100 A1 * A, 01-402 Elevation BB As Proposed 1:100 A1 * A, 01-403 Elevation CC As Proposed 1:100 A1 * A 01-404

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

 

3. The use hereby permitted shall not be operated before 07:00 hours or after 23:30 hours Monday to Saturday and 10:00 and 19:00 on Sundays and Bank holidays.

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

 

4. 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 consistent with Policy 7.15 of the London Plan 2011 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006.

 

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

To prevent loss of amenity to neighbouring residential premises due to noise generated from the premises in accordance with Policy 7.15 of the London Plan 2011 and Saved Policy UD3 of the Haringey Unitary Development Plan 2006 and consistent with advice in the National Planning Policy Framework.

 

6.    All works should be made good to match the existing fabric in colour, material and texture. If works cause any un-intentional harm to the existing fabric, this should be repaired or replicated to match existing.

Reason: To maintain the architectural and historical integrity of the listed building

 

7.    Any hidden historic features (internal or external) which are revealed during the course of works shall be retained in situ, work suspended in the relevant area of the building and the Council as local planning authority notified immediately. Provision shall be made for the retention and/or proper recording, as required by the Local Planning Authority.

Reason:  To ensure the correct preservation, enhancement and recording of historic features

 

8.    Further details on all internal fixtures, external signage and fixtures, up lighters, steel pole and other public realm works should be submitted to the Council for approval.

Reason:  In order to protect the character and setting of the listed building and the wider conservation area.

 

 

INFORMATIVES

 

Environmental Health

1.    It is particularly important to install the correct type of filters for the type of cooking that you do. The Extractor Ventilation and Ducting System must be adequate to provide clean air and adequate ventilation for the cooking load, and safely remove any gases and heat without causing any hazards to the premises and others. The Extractor and Ventilation Ducting must be manufactured in the materials recommended by the Building Control Officer and Building Regulations, and the London Fire and Emergency Planning Authority.

2.    You must keep a written record of the Cleaning Schedule for the Extractor Ventilation and Ducting System that is available at all times for inspection by the Local Authority. It is further recommended that you include the Cleaning Schedule for the Extractor Ventilation and Ducting System within the daily records of the Cleaning Schedule for the Business.

3.    Fumes resulting from cooking operations should be discharged via a mechanical extraction system so as not to create a hazard or a nuisance. The system should incorporate a stainless steel canopy connected to a flue and suitable filtration (i.e. grease and carbon etc.) in accordance with current regulations.

4.    You must ensure the Engineer has installed anti vibration mountings/dampers to the fan or motor unit to prevent noise and vibration being transmitted into structure.

5.    The Engineer must ensure flexible couplings are fitted between the fan unit and ducting to prevent vibration being transmitted into ducting

You must ensure the Flue Terminal at your business is positioned to prevent  odour nuisances, and the risk of an outbreak of fire due to the lack of  cleaning or due to other defects with the Extractor Ventilation and Ducting System as recommended by the Building Control Officer and Building Regulations, and the London Fire and Emergency Planning Authority.