Agenda item
106 Commercial Street (PA/16/03535)
- Meeting of Development Committee, Wednesday, 14th June, 2017 5.30 p.m. (Item 5.1)
- View the background to item 5.1
Proposal:
Conversion of building (class B1/B8) to fine dining food market (Class A3).
Recommendation:
That the Committee resolve to APPROVE planning permission subject to Conditions.
Minutes:
Update report tabled.
Paul Buckenham (Development Control Manager) introduced the application for conversion of building (class B1/B8) to fine dining food market (Class A3).
The Committee were reminded that at its previous meeting on 10th May 2017, the Committee were minded to refuse the application, contrary to the Officers recommendations due to concerns about the following issues.
· Impact from the use
· Impact on the setting of the Conservation Area
· Impact of the proposal on the external appearance of the building particularly the roof
· The access arrangements given the level of anti-social behaviour in the area;
· Overcrowding in the area and the safety implications of this
· Noise disturbance
· Increased congestion in Commercial Street
· Servicing arrangements.
Officers had since draft detailed reasons for refusal around these reasons as set out in the report that also contained their advice on the strength of the reasons.
Tim Ross (Planning Services) presented the report. The Committee were reminded of the site location and surrounds and the nature of the proposal. Regarding land use and road safety, it was noted that the policy directed this type of premises to central locations. However, it could be considered that due to the volume of visitor numbers and the internal configuration, that the plans would result in the over intensification of use of the site and impact on road safety. Therefore, a reason on these grounds could form a reason for refusal. Regarding the impact on the Conservation Area, Officers felt that it could reasonably be considered that the proposal would cause some harm in this regard and would not be outweighed by the public benefits of the application. Therefore, this also could be sustained as a reason. Regarding the noise disturbance, it could be considered that the development had the potential to cause some harm to amenity throughout the later evening that could not be controlled by condition. Therefore it was considered that a reason on this third ground could also be defended.
In respect of the concerns around ASB and the servicing arrangements, there was a lack of evidence to support these reasons.
Officers remained of the view that the application should be granted planning permission, however if they were minded to refuse the scheme, they were invited to consider the three suggested reasons in the Committee report.
On a vote of 0 in favour of the Officer recommendation to grant planning permission, 4 against and 0 abstentions, the Committee did not agree the Officer recommendation to grant planning permission.
Accordingly, Councillor Marc Francis proposed a motion that the planning permission be refused for the reasons set out in the Committee report dated 14 June 2017 and on a vote of 4 in favour, 0 against and 0 abstentions, the Committee RESOLVED:
That planning permission be REFUSED at 106 Commercial Street for the conversion of building (class B1/B8) to fine dining food market (Class A3) for the following reasons as set out in the Committee report, dated 14 June 2017(PA/16/03535):
Land use/ road safety
1. The proposed development by reason of its configuration of internal uses and space would result in an over intensification of use which would restrict to the ability of customers to safely access and exit the site, the ability to move within and around the building, the inability to control the number of visitors in the site and to ensure that new development does not have an adverse impact upon the safety and capacity of the street network. The proposal is therefore inappropriate development and contrary to policy 7.3 and 7.4 of the London Plan (2016), policies SP01 and SP09 of the Tower Hamlets Core Strategy (2010), and policies DM20 DM23 and DM25 of the Tower Hamlets Managing Development Document (2013).
Impact on the conservation area
2. The proposed development by virtue of the impact to the external appearance of the roof and the loss of the slate roof, and proposed acoustic roof would cause less than substantial harm to the character and appearance of the Brick Lane and Fournier Street Conservation Area and would fail to preserve or enhance the character of this heritage asset. The harm identified to the designated heritage asset is not outweighed by the public benefits of the scheme. The scheme would therefore be contrary to paragraph 134 of the National Planning Policy Framework, and policies SP10 of the Core Strategy (2010) and policies DM24 and DM27 in the Managing Development Document (2013).
Noise
3. The proposed development would cause harm to the amenity and living conditions of occupiers of adjoining residential properties through the overbearing impact of noise and disturbance generated as large numbers of customers enter and exit the development. The development would therefore be contrary to policies SP10 of the Core Strategy (2010) and DM25 of the Managing Development Document (2013) which seek to protect amenity for future and existing residents.
Supporting documents:
- 6.1 106 Commercial Street Deferral report, item 5.1 PDF 118 KB
- 6.1, 10/05/2017 Development Committee, item 5.1 PDF 3 MB
- 6.1 Update 106 Commercial Street, item 5.1 PDF 72 KB