Agenda item

Adaptation of the existing warehouse building (B1/B2/B8 use) to artist recording & work pods (B1), various office sublets (B1), enclosed performance space (Sui Generis) and cafe/bar (A4) with associated amenity spaces and external alterations (amended description)

 

RECOMMENDATION: grant permission subject to conditions and subject to a S106 Legal Agreement

The Committee considered a report on the application to grant planning permission for the adaptation of the existing warehouse building (B1/B2/B8 use) to artist recording & work pods (B1), various office sublets (B1), enclosed performance space (Sui Generis) and cafe/bar (A4) with associated amenity spaces and external alterations (amended description). 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 a s106 Legal Agreement and subject to conditions.

 

The planning officer gave a short presentation highlighting the key aspects of the report.

 

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

·         The area was an established industrial area with a number of heavy commercial businesses in operation including a waste disposal depot and as such was not an appropriate location for a licensed premises. Should the application be approved, there would be a long term impact on the nature of the area, with a shift away from heavy industry land use.

·         The increased footfall in the area from the new venture gave rise to concerns over a health and safety risk to pedestrians from the operation of heavy plant equipment and HGVs directly opposite the site. A number of local businesses held road sweeping contracts resulting in HGV movements throughout the 24 hour period.

·         Concerns were raised over the scale of the licensed premise proposed incorporating a 300 seat performance space and that this would exacerbate existing problems with traffic movements, parking pressure and anti-social behaviour including littering in the vicinity. 

·         There were a number of more appropriate sites for a licensed premises available within the borough including on nearby Fountayne Road.

·         Regeneration approaches for South Tottenham were generally supported especially increasing employment floorspace but the focus of the application appeared to be the licensed venue and not the work units.

·         The area already suffered from large scale illegal parties.

 

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

·         Clarification was sought from the transport officer regarding the health and safety risk to pedestrians from HGV movements in the area. In response, it was advised that this risk was minimised by the 2m footways in place to both sides of the road which allowed pedestrians to walk safely in the area. With reference to concerns raised around traffic and parking, the site had very good access to public transport services including close proximity to two tube stations and the applicant was required to submit a travel plan setting out plans to encourage the use of sustainable transport.

·         Further information was sought on the requirements for the venue under licensing legislation and the link to the planning permission. Officers advised that licensing and planning were separate legislative regimes but that under the planning permission, conditions would be imposed on the hours of operation and the floor area for the performance space, which at approximately 10% of the total floorspace of the scheme, was not considered to be the dominant use.

·         Clarification was sought from officers on the planning policy position for the South Tottenham industrial area. Officers advised that the application reflected the general shift seen across London from heavy industrial to more mixed activities in industrial areas. The scheme would include a significant amount of B1 business space and was projected to result in an intensification of current employment levels on site and as such was deemed an acceptable land use by officers and policy compliant.

 

Representatives for the applicant and a supporter of the application addressed the Committee and raised the following points:

·         The scheme would be beneficial in providing creative and collaborative workspace for the music industry both for recording and live performance and as an accessible entertainment venue.

·         The applicant would be seeking a premise licence to determine the licensable hours for the venue.

·         The application would preserve employment floorspace, create jobs and help put Tottenham on the map as a music destination.

·         The applicant was committed to encouraging sustainable transport including the provision of cycle parking.

·         The scheme was being funded by the Arts Council England and the Opportunity Investment Fund.

·         Commercial units in the area were hard to let with the rent levels generally prohibitive for heavy industry and as such, the scheme would be beneficial to existing businesses in the vicinity.

·         The scheme remained commercial in nature albeit not traditional heavy industry and as such was a pragmatic option in an area unsuited for residential conversion.

 

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

·         Clarification was sought on the number of jobs to be created onsite. The applicant advised that 2 full time and 4 part time posts would be onsite after 12 months above those supported by the work pods. The applicant was working with officers in the Council to focus on offering jobs to local people. 

·         Clarification was sought on the seating capacity of the performance space. The applicant responded that this had yet to be formalised inline with the fire risk assessment and premises licence application but was projected to be around 150.

·         In response to a question, confirmation was provided that a metal lattice type security shutter was currently in place and would be retained.

 

The Chair moved the recommendation of the report and it was

 

RESOLVED

·         That planning application HGY/2016/1377 be approved and that the Head of Development Management be authorised to issue the planning permission subject to the conditions, informatives and signing of a section 106 Legal Agreement providing for the obligation set out in the Heads of Terms.

 

·         That the s106 Legal Agreement referred to above is to be completed no later than 31/10/2016 or within such extended time as the Head of Development Management or the Assistant Director Planning shall in her/his sole discretion allow; and

 

·         That, following completion of the agreement referred to above within the time period provided for above, planning permission be granted in accordance with the Planning Application subject to the attachment of the conditions.

 

·         That delegated authority be granted to the Director/Assistant Director-Planning to make any alterations, additions or deletions to the recommended heads of terms and/or recommended conditions as set out in the officer report (and to authorise any such changes requested by the GLA) and to further sub-delegate this power provided this authority shall be exercised in consultation with the Chairman (or in their absence the Vice-Chairman) of the Sub-Committee.

 

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 approved plans comprise drawing nos (list). The development shall be completed in accordance with the approved plans except where conditions attached to this planning permission indicate otherwise or where alternative details have been subsequently approved following an application for a non-material amendment.

Reason: In order to ensure the development is carried out in accordance with the approved details and in the interests of amenity.

 

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

Ground Floor Use Classes: cafe/ bar (A4), recording studios (sui generis), performance space (sui generis))

First Floor: Offices (B1a)

a) The floor area of both the cafe/ bar and live performance space 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 recording studios or offices hereby approved.

Reason: In order to control the nature of cafe/ bar and entertainment 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 cafe / bar and performance space use hereby permitted shall not be operated before 11:00 hours or after 23:00 hours Monday to Thursday, before 11:00 hours or after 03:00 hours Fridays and Saturdays and before 11:00 hours or after 23:00 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.

 

5.         No development shall start until details of servicing, loading, unloading (and turning) of vehicles has been submitted and approved in writing by the Local Planning Authority.   The development shall thereafter be completed in accordance with the approved details.

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.

 

6.         No development shall take place until details of the type and location of secure and covered cycle parking facilities have been submitted to and approved in writing by the Local Planning Authority. The development shall not be occupied until a minimum of 10 cycle parking spaces for users of the development, have been installed in accordance with the approved details.  Such spaces shall be retained thereafter for this use only.

Reason:  To promote sustainable modes of transport in accordance with Policies 6.1 and 6.9 of the London Plan 2011 and Policy SP7 of the Haringey Local Plan 2013.

 

7.         No development shall take place until details of a travel plan showing how patrons will access the site by more sustainable transport modes has been submitted to and approved in writing by the local planning authority.  The plan must show measures that will be used to promote more sustainable modes of transport and how such measures will be managed once the development has been first implemented.  The approved travel plan shall be implemented prior to first occupation of the development hereby permitted.

Reason:  To promote sustainable transport and to reduce the potential for additional on street parking stress as a result of the development, consistent with Policies SP0, SP4 and SP7 of the Haringey Local Plan.

 

8.         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 2011.

 

9.         Prior to installation details of the gas boilers to be provided for space heating and hot water should be forwarded to the Local Planning Authority. The boilers to be provided for space heating and domestic hot water shall have dry Nox emissions not exceeding 20 mg/kWh (0%).

Reason: As required by The London Plan Policy 7.14.

 

10. Details shall be submitted for the approval of the Local Planning Authority before any development is commenced, to demonstrate that the sound reduction index of the separating party [floor/ceiling][walls], Rw, will achieve the following criteria with windows shut and other means of ventilation provided: * The background L90,15min linear noise level in any one third octave band from 50Hz to 160 Hz, and also the overall Linear L90 level, as previously measured inside a habitable room of the nearest affected premises with windows closed, shall not be increased when the amplified music or speech is played and the measurement is repeated at the same position, using L90 linear over any 5 minute period with the background and source operating together.

Reason: To protect the living conditions of occupiers of nearby properties, in accordance with policies

 

Informatives:

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 :  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: A Groundwater Risk Management Permit from Thames Water will be required for discharging groundwater into a public sewer. Any discharge made without a permit is deemed illegal and may result in prosecution under the provisions of the Water Industry Act 1991. We would expect the developer to demonstrate what measures he will undertake to minimise groundwater discharges into the public sewer.  Permit enquiries should be directed to Thames Water's Risk Management Team by telephoning 02035779483 or by emailing wwqriskmanagement@thameswater.co.uk. Application forms should be completed on line via www.thameswater.co.uk/wastewaterquality."

 

INFORMATIVE: Prior to demolition of any existing structures or 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.