Proposal

Mixed use redevelopment of site including part demolition, part retention, part extension of existing buildings alongside erection of complete new buildings ranging in height from four to eight storeys above a shared basement, to contain a maximum 9 residential units (Class C3) up to 10,739m2 (GIA) hotel floor space (Class C1) up to 3,529m2 (GIA) employment floorspace (Class B1), up to 358m2 (GIA) flexible office and retail floorspace at ground level (Class A1, A2, A3 and B1) and provision of Public House (Class A4) along with associated landscaping and public realm improvements, cycle parking provision, plant and storage.

 

Recommendation

Grant planning permission subject to conditions and s106 agreement

 

 

Update report was tabled.

Gareth Gwynne introduced the report for the mixed use redevelopment of  the site to provide a maximum 9 residential units, hotel floor space, commercial space, the provision of Public House along with associated works. He advised of the issues raised in the update report, containing additional representations.

 

Daria Halip (Planning Services) presented the application, providing a brief overview of the scheme and the surrounding area.

This application for planning permission was considered by the Development Committee on 14^th January 2021.

The application was deferred by Members for a committee site visit.

The committee also sought information on the following items:

 

a.       The condition limiting the late night opening hours of the Public House to 12 months

b.       The rent levels for the Public House with a view to providing longer term affordable rents

c.        Review the radius for the provision of the meanwhile off site temporary venue for the Public House

d.       Daylight/ Sunlight Impacts on Vaughan Estate, particularly with regard to the existing architectural constraints

e.       Conditions regarding the use of the roof top area

f.         Management of the footfall from the scheme including details of the joint management for the operation of A4 and the hotel bar

The report and presentation addressed each of these issues as set out below:

Consultation

The Committee were reminded of the details of the statutory consultation carried out by the Council and the applicant’s which was set out in the report.

It was confirmed that the Council’s consultation went above and beyond requirements involving engagement with George Loveless House. 109 letters were sent to all registered properties in this development.

In addition, the Applicant had carried out non statutory consultation including a public exhibition and had offered to meet with the Columbia Tenants and Residents Association. The applicant had also engaged with the Friends of Joiners Arms.

Therefore it was considered that adequate consultation had been carried out.

 

Daylight/ sunlight impacts, Vaughan Estate

 

The Committee were reminded of the outcome of the assessment as detailed in the report, particularly the issues around:

 

·       The existing site constraints that acted as a barrier to sunlight and daylight exposure.

·       Details of the gains and losses in daylight/ sunlight, compared to the extant scheme.

 

Overall, it was considered that the proposed development would have a minor adverse impact onto the daylight/ sunlight conditions to these properties.

 

Furthermore, when taking the extant consent as material planning consideration and the significant public benefits secured with the current scheme, the impact is considered to be on balance acceptable.

 

Management of the Hotel Bar and the Public House

 

The Committee noted details of the separate conditions regulating the above, including the requirement to submit an  Operation Management plan and to establish a Community Liaison group to deal with any issues. The wording of the condition for the hotel was set out in the updated Committee.

 

Use of rooftop area

 

The Committee were reminded of the restrictions on the use of the rooftop area.

A compliance condition will be added to further state that access to the roof top use is for maintenance purposes only.

 

Issues relating to the Public House

 

·       Opening Hours

 

It was confirmed that a condition would be added restricting the opening hours of the A4 unit during the first 12 months of opening, with an opportunity to extent this. The Council noted the representations from the FOTJA requesting that this be removed.  However, they were also mindful of the need to protect residential amenity. Therefore, they remained of the view that this condition, applied to the extant permission should remain in place.

 

·       Rent levels

 

It was noted that representations had been received requesting reduced rent levels and the provision of an affordable rent clause in the Section 106. The Council’s Viability Team had reviewed the  market rent adopted for the viability assessment and had  accepted this as reasonable. In addition, Officers were unable to find a policy justification to support this request.

 

The applicant had however agreed to extend the initial rent free period and the standard rent review period as detailed in the report.

 

·       Meanwhile use temporary venue radius and other changes to draft s106

 

Amendments to the wording of s106 had been made to remove:

·       the stipulation that the meanwhile use must be located within 1km of the application sites.

·       The reference to peppercorn rent.

·       The restrictions on the use of the financial contribution.

 

Officers were therefore recommending that the application is granted permission.

 

Committee’s questions:

 

The Committee asked a number of questions of Officers around the following issues as summarised below:

 

·       Management of the noise impacts from the A4 public house and the hotel bar.

·       It was confirmed that there would be a range of bespoke conditions and mitigation measures, (for both the hotel and the public house) to minimise the impacts and ensure ongoing engagement with local residents, as set out in the report and the presentation.  Details of these measures were noted including: the requirement to submit a Hotel Management Plan with controls to prevent customers congregating outside the venues.

·       Other measures included a requirement to carry out post completion noise assessments to ensure the impacts within homes met standards.

·       It was also noted that specialist noise consultants had been appointed in respect of the public house. They had reviewed the assessment in relation to the extant scheme and were satisfied with the proposed measures. The new A4 Public House would also be purpose built, with measures to minimise noise impacts. Contributions have also been secured towards the fit out costs to facilitate this and ensure noise break out was contained.

·       The Committee also discussed the merits of removing the 12 month limitation on the opening hours for the A4 public house. It was questioned whether this should be removed, to facilitate it continued operation as a late night venue taking into account the representations about this and the business case.

·       In response, Officers stressed the need to balance the business needs of the Joiners Arms in terms as serving as a late night public house and those of residential amenity. Given the residential nature of the area, Officers remained of the view that the reasons for applying this condition to the extant scheme still existed and therefore should still be applied to this application. It was also noted that the Licensing regime may impose its own conditions on the licensing hours.  It was also confirmed that the hotel use would have its own separate permanent opening hours as set out in the conditions.

·       The Committee also sought clarity regarding the impact on the pedestrian flow and transport matters, (impact from parking, the servicing and refuse arrangements).  Officers provided assurances about these matters highlighting the plans to provide an improved pedestrian area.

·       The Committee also noted the provision of measures to prevent overlooking.

 

Councillor Kevin Brady proposed and Councillor Kahar Chowdhury seconded a proposal to remove the 12 month restriction on the opening hours of  the A4 public house. On a vote of 2 in favour and 2 against with the Chair using a casting vote against, this proposal was not accepted.

 

On a vote of 4 in favour and 0 against the Committee RESOLVED:

 

1.             That subject to any direction by the Mayor of London, planning permission is GRANTED at 114 - 150 Hackney Road, London, E2 7QL for the following development:

 

·       Mixed use redevelopment of site including part demolition, part retention, part extension of existing buildings alongside erection of complete new buildings ranging in height from four to eight storeys above a shared basement, to contain a maximum 9 residential units (Class C3) up to 10,739 m² (GIA) hotel floorspace (Class C1) up to 3,529 m² (GIA) employment floorspace (Class B1),  up to 358 m² (GIA) flexible office and retail floorspace at ground level (Class A1, A2, A3 and B1) and provision of Public House (Class A4) along with associated landscaping and public realm improvements, cycle parking provision, plant and storage.(PA/20/00034)

 

2.             Subject to the prior completion of a legal agreement to secure the planning obligations set out in the Committee report dated 14^th January 2021.

 

3.             That the Corporate Director of Place is delegated the power to negotiate the legal agreement. If within three months of the resolution the legal agreement has not been completed, the Corporate Director for Place is delegated power to refuse planning permission.

4.             That the Corporate Director of Place is delegated the power to impose conditions and informatives to address the matters set out in the Committee report dated 14th January 2021 and the additional conditions set out in the Committee reported dated 11^th February 2021.

 

[1]      Prior to occupation of the hotel and the bar as identified on Drawing 1129_PL-GA-100 Rev E hereby approved, a Hotel Operation Management Plan (HBOMP) shall be submitted to and approved by the Local Planning Authority. The HBOMP shall include as a minimum, written details of the following information:

 

                        i.         Statement of Intent;

                       ii.         Hours of operation and licensable activities permitted;

                      iii.         Organisational responsibility for the hotel (including its bar) and the management team structure;

                     iv.         Typical staffing rota and staff qualifications;

                       v.         Details of the 24/7 front of house staffing level arrangement including details of door staff arrangements 

                     vi.         Security strategy (e.g. entry policy, drugs and intoxication policy);

                    vii.         Physical and managerial noise controls processes and procedures to deal with customer dispersal strategy, customer queue management controls and management of smoking area;

                   viii.         In collaboration with the Class A4 unit operator, details of a community liaison group including terms of reference which, for the avoidance of doubt, will include representation from the Columbia Tenants and Residents Association;

                     ix.         Details of a complaints and investigation log including who takes ownership of serving as lead point of contact for dealing and responding to any complaints;

                       x.         Generalemergency evacuation policy.

 

Reason: to protect the amenity of the neighbours, in line with policy D.DH8 in the Local Plan 2031

 

[2] The rooftop area shown on the drawings hereby approved ref 1129_PL-GA-105 rev B, 1129_PL-GA-106 rev C, 1129_PL-GA-107 rev B and 1129_PL-GA-108 rev C shall be used for maintenance only and shall be kept as such in perpetuity.

          Reason: to protect the amenity of the neighbours, in line with policy D.DH8 in the Local Plan 2031.