Issue - meetings
216 - 218 Mile End Road, London, E1 4LJ
Meeting: 03/08/2016 - Development Committee (Item 5)
5 216 - 218 Mile End Road, London, E1 4LJ (PA/15/01526) PDF 93 KB
Proposal:
Application for variation of conditions no. 5 'hours of operation', 8 'use of rear yard' and 10 'use of rear yard and details thereof' of planning permission ST/96/00059 dated 04/02/1998 for: "Conversion and change of use from light industrial, office and storage into ground floor retail shop, first and second floors into 2 x 2 bedroom flats, demolition of rear single storey buildings to form vehicle parking spaces plus ancillary uses to the retail shop, and the retention of existing warehouse, with access for the rear activities from Beaumont Grove, E1."
Variation of condition 5 is to extend the hours of operation of the shop from 8:00 - 20:00 Mondays to Saturdays to 9:00 to 21:00 Mondays to Sundays. Deliveries to take place between 10:00 - 18:00 Mondays to Saturdays. No deliveries would take place on Sundays.
Variation of conditions 8 and 10 is to allow the rear yard to be used as a customer car park. The rear yard would be in use 9:00 - 21:00 Mondays to Saturdays and 10:00 - 16:00 on Sundays.
[Amended proposal: Rear yard to be in use between the hours of 10:00 - 16:00 on Sundays (opening 1 hour later)]
Recommendation:
That the Committee resolve to GRANT planning permission subject to the prior completion of a legal agreement to carry over all of the obligations attached to the original planning permission, taking account of the revised conditions, conditions and informatives on the planning permission as set out in the Committee report.
Additional documents:
- Rahims 216-218 Mile End Road development committee 08-06-2016 FINAL, 08/06/2016 Development Committee, item 5
PDF 1 MB
- Update 6.1, item 5
PDF 54 KB
Decision:
Update report tabled.
On a vote of 3 in favour, 2 against and 0 abstentions, the Committee RESOLVED:
1. That planning permission be GRANTED at 216 - 218 Mile End Road, London, E1 4LJ for
Application for variation of conditions no. 5 'hours of operation', 8 'use of rear yard' and 10 'use of rear yard and details thereof' of planning permission ST/96/00059 dated 04/02/1998 for: "Conversion and change of use from light industrial, office and storage into ground floor retail shop, first and second floors into 2 x 2 bedroom flats, demolition of rear single storey buildings to form vehicle parking spaces plus ancillary uses to the retail shop, and the retention of existing warehouse, with access for the rear activities from Beaumont Grove, E1."
Variation of condition 5 is to extend the hours of operation of the shop from 8:00 - 20:00 Mondays to Saturdays to 9:00 to 21:00 Mondays to Sundays. Deliveries to take place between 10:00 - 18:00 Mondays to Saturdays. No deliveries would take place on Sundays.
Variation of conditions 8 and 10 is to allow the rear yard to be used as a customer car park. The rear yard would be in use 9:00 - 21:00 Mondays to Saturdays and 10:00 - 16:00 on Sundays.
[Amended proposal: Rear yard to be in use between the hours of 10:00 - 16:00 on Sundays (opening 1 hour later)] (PA/15/01526)
Subject to:
2. That the Corporate Director Development & Renewal is delegated power to impose conditions and informatives on the planning permission to secure the matters set out in the 8th June 2016 Committee report and the additional conditions in the update report regarding use of the rear yard and the submission of a highway safety scheme
3. Any other conditions considered necessary by the Corporate Director Development & Renewal.
Minutes:
Update report tabled.
The Chair reported that the Council had received requests for speaking on the application from objectors and the applicant with regards to the updated information. The Council’s Development Procedure rules did not permit further public speaker on deferred items so the Chair had refused this request.
Jerry Bell (East Area Manager, Planning Services, Development and Renewal) introduced the application for variation of conditions to extend the hours of operation of the shop and allow the rear yard to be used as a customer car park. He reminded the Committee that at its previous meeting on 8th June 2016, Members were minded to refuse the application due to concerns over the adverse impact on the highway and amenity. The report now before the Committee considered the reasons for refusal and whether these were likely to be sustainable in the event of an appeal.
Piotr Lanoszka (Planning Officer, Development and Renewal) presented the detailed report. The Committee were reminded of the site location, views of the vehicle access tunnel and details of the application itself. There had been one change to the application since it was previously considered by the Committee in June in respect of the opening hours for the read yard. It was now proposed that the yard be in use between the hours of 10:00 - 16:00 on Sundays (opening 1 hour later). In addition since the June meeting, the applicant had submitted additional information, as set out in the updated Committee report and update, including fuller details of a traffic management system, the business case for the development to meet local demand amongst other matters. The Committee also noted images of the store and the applicant’s other premises at Hackney allowing the company to relocate the warehouse element out of the shop.
A further round of consultation had been carried out on the revised proposals. In response, the Council had received an additional petition in objection that had been signed by residents of Louisa Street and also one petition in support of the application. No one had withdrawn their objection.
Officer have examined the Committee proposed reasons for refusal and their comments on the strengths of the reasons were out in the Committee report. The Officers recommendations remained unchanged to grant permission. But should the Committee be minded to refuse the application, they were directed to the suggested reasons for refusal in the updated Committee report.
In response to the presentation, the Committee questioned whether, in view of the concerns raised at the previous meeting about the impact on amenity, that the proposed change would adequately addressed these concerns. Officers responded that Officers did not in the first instance consider that the proposal would have any major adverse impacts, but the proposed revised opening hour for the yard should go some to way to addressing the Committee concerns. It was down to Members to decide how much weight they should place on this additional step.
Members also requested that the proposed highways measures, including ... view the full minutes text for item 5
Meeting: 08/06/2016 - Development Committee (Item 8)
8 216 - 218 Mile End Road, London, E1 4LJ (PA/15/01526) PDF 1 MB
Proposal:
1. Application for variation of conditions no. 5 'hours of operation', 8 'use of rear yard' and 10 'use of rear yard and details thereof' of planning permission ST/96/00059 dated 04/02/1998 for: "Conversion and change of use from light industrial, office and storage into ground floor retail shop, first and second floors into 2 x 2 bedroom flats, demolition of rear single storey buildings to form vehicle parking spaces plus ancillary uses to the retail shop, and the retention of existing warehouse, with access for the rear activities from Beaumont Grove, E1."
2. Variation of condition 5 is to extend the hours of operation of the shop from 8:00 - 20:00 Mondays to Saturdays to 9:00 to 21:00 Mondays to Sundays. Deliveries to take place between 10:00 - 18:00 Mondays to Saturdays. No deliveries would take place on Sundays.
3. Variation of conditions 8 and 10 is to allow the rear yard to be used as a customer car park. The rear yard would be in use 9:00 - 21:00 Mondays to Saturdays and 9:00 - 16:00 on Sundays.
Recommendation:
That the Committee resolve to GRANT planning permission subject to the prior completion of a legal agreement to carry over all of the obligations attached to the original planning permission, taking account of the revised conditions, conditions and informatives on the planning permission as set out in the Committee report.
Decision:
Update report tabled.
On a vote of 2 in favour and 3 against the Officer recommendation, the Committee did not agree the Officer recommendation to grant planning permission.
Accordingly, Councillor Marc Francis proposed and Councillor Sabina Akhtar seconded a motion that the planning permission be not accepted (for the reasons set out below) and on a vote of 3 in favour, 2 against it was RESOLVED:
That the Officer recommendation to grant planning permission be NOT ACCEPTED at 216 - 218 Mile End Road, London, E1 4LJ for:
· Variation of conditions no. 5 'hours of operation', 8 'use of rear yard' and 10 'use of rear yard and details thereof' of planning permission ST/96/00059 dated 04/02/1998 for: "Conversion and change of use from light industrial, office and storage into ground floor retail shop, first and second floor residential use, demolition of rear single storey buildings to form vehicle parking spaces plus ancillary uses to the retail shop, and the retention of existing warehouse, with access for the rear activities from Beaumont Grove, E1."
· Variation of condition 5 is to extend the hours of operation of the shop from 8:00 - 20:00 Mondays to Saturdays to 9:00 to 21:00 Mondays to Sundays. Deliveries to take place between 10:00 - 18:00 Mondays to Saturdays. No deliveries would take place on Sundays.
· Variation of conditions 8 and 10 is to allow the rear yard to be used as a customer car park. The rear yard would be in use 9:00 - 21:00 Mondays to Saturdays and 9:00 - 16:00 on Sundays. (reference PA/15/01526)
The Committee were minded to refuse the application due to the potential adverse impact of the proposal on the highway and residential amenity.
In accordance with Development Procedural Rules, the application was DEFERRED to enable Officers to prepare a supplementary report to a future meeting of the Committee setting out proposed detailed reasons for refusal and the implications of the decision.
Councillor Andrew Cregan did not vote on this item having not been present the consideration of the item.
Minutes:
Update report tabled.
Paul Buckenham (Development Control Manager, Development and Renewal) introduced the application for variation of conditions for planning permission ST/96/00059 dated 04/02/1998 for: "Conversion and change of use from light industrial, office and storage into ground floor retail shop, first and second floor residential use details thereafter. Variation of condition 5 was to extend the hours of operation of the shop from 8:00 - 20:00 Mondays to Saturdays to 9:00 to 21:00 Mondays to Sundays. Deliveries to take place between 10:00 - 18:00 Mondays to Saturdays. No deliveries would take place on Sundays. Variation of conditions 8 and 10 was to allow the rear yard to be used as a customer car park. The rear yard would be in use 9:00 - 21:00 Mondays to Saturdays and 9:00 - 16:00 on Sundays.
The Chair then invited registered speakers to address the Committee.
Jim McKinney and Dr Shanti Velmurugan (local residents) spoke in objection to the application. They objected to the impact on the highway network and highway safety given the poor quality access arrangements, the scale of the operation, the existing highway issues and the proximity of the site to a nursery. The Planning Inspectorate had previously refused a similar application due to the concerns about the impact on the highway. The proposal would add to the existing problems, resulting in further incidences of vehicles reversing from the tunnel onto the busy highway, forklift truck activity and loading and unloading of large items on the highway due to the use of the site as a cash and carry and not as a retail store. No transport assessment had been submitted. So it was only possible to assess the impact on the day to day evidence.
The speakers also expressed concern about noise disturbance from the use of court yard and continued use of the forklift trucks given the proximity of the site to residential properties. The proposals would add to the existing problems in this regard, so, steps should be taken to prevent this. The Planning Inspectorate (when considering the earlier plans) was of the view the proposals would have a significant effect on amenity.
In response to Members, they clarified there concerns about the lack of an adequate transport assessment, the use of the premises as a cash and carry intensifying the impacts, the impact on highway safety given the proximity to the school and ambulance bays, the existing impact on amenity and the lack of a retail assessment to quantify the commercial benefits. They also discussed their concerns about unauthorised parking and servicing on Beaumont Grove giving examples of the type of problems experienced.
Sebastian Charles (Applicants Agent)spoke in support of the application. He highlighted the business case for the application to make the business more competitive given the number of nearby retails stores opening for longer hours. He also explained some of the steps that the business had been taken (since the Appeal decision) to mitigate the impact on the area, which included the ... view the full minutes text for item 8