Committee:
Date:
Planning and Transportation
18 May 2010
Item no.
Subject:
Statue House 53 - 54 Aldgate High Street London EC3N 1AL
Change of use from a shop (A1) to a hot food take-away (A5) at ground floor
level and installation of a flue on the rear elevation (60sq.m) (646sq.f).
Ward: Portsoken
Public
Registered No: 10/00107/FULL
Registered on: 23 February 2010
Conservation Area: No
Listed Building: No
For Decision
UDP Policies: ENV6 SHOP7 ENV33 HOUS9 UTIL6
Summary
Planning permission is sought for the change of use from a shop (A1) to a hot
food take-away (A5) at ground floor level and the installation of a flue on the
rear elevation (60sq.m) (646sq.f).
Planning permission was granted for the use of the unit as a restaurant (A3) in
June 2000. This permission was not implemented and has now expired.
An objection has been received on behalf of the landlord of the property.
The grounds for objection are that landlord/tenant consent has not been given
and that the location of the proposed flue would restrict further development
opportunities at the property.
The issue of landlord/tenant is not a planning consideration and permission
should be granted having regard to planning considerations only.
Planning permission was granted in 2004 for a two storey extension to the
building. This permission was not implemented and has now expired.
If any future application to extend the building were submitted and approved, it
would be a requirement that the flue, approved as part of the current application,
be extended to terminate at the new roof level.
The height of the flue in the current proposal is not considered to restrict any
future proposals for the building.
The proposed use of the ground floor would not result in an inbalance of retail
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uses and is supported by policies contained in UDP and it is recommended that
planning permission is granted.
Recommendation
I recommend that planning permission be GRANTED for the above proposal in
accordance with the details set out in the attached scheduled.
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SITE LOCATION APPLICATION PLAN
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Site
1. The site is located on the south side of Aldgate High Street near the City of
London boundary with Tower Hamlets.
2. The building comprises ground and three upper floors. The ground floor is
occupied by a shop (A1) with an area of 60sq.m. The upper floors are in
residential use and contain five flats.
3. The unit is located within a Local Shopping Centre.
Planning History
4. Planning permission was granted on 30 June 2000 for the change of use from
residential use (C3) to a café (A3) at ground floor level (App No. 1638BG).
The applicant has operated the ground floor unit as a shop (A1) instead of the
approved café (A3) since 2000. The café use was not implemented.
5. Planning permission was granted on 12 August 2004 for the extension of the
building for a new penthouse flat and minor internal modification to the
building (App No. 1638BL). The proposal was to extend the building by two
additional floors. This permission was not implemented and has now expired.
Proposal
6. Planning permission is sought to change the use of the ground floor from a
shop (A1) to a hot food take-away (A5) (60sq.m) and the installation of a flue
on the rear elevation.
Consultations
7. The views of other City of London departments have been taken into account
in the preparation of this report and some detailed matters remain to be dealt
with by conditions attached to the schedule.
8. A letter of objection has been received from solicitors acting on behalf of the
landlord of the property. The objection relates to the issue of landlord/tenant
consent and the height of the flue on the rear elevation. A copy of the letter of
objection is attached to the report.
Policies
9. The development plan consists of the London Plan and the City of London
Unitary Development Plan. The relevant London Plan policy is set out in
Appendix A1. The UDP policies that are most relevant to the consideration of
this case are set out in Appendix A.
Considerations
10. The relevant considerations in determining this application are the
appropriateness of the use in this location and the impact on the amenity of the
residential occupiers.
11. The proposal is supported by policy contained within the Unitary
Development Plan.
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12. Since the UDP was adopted in April 2002 there have been amendments to the
Town & Country Planning (Use Classes) Order 1987. These amendments
came into force on 21 April 2005. The former food and drink use (Class A3)
was disaggregated into restaurant and cafes (Class A3), drinking
establishments (Class A4) and hot food take-away (Class A5).
13. The UDP policy which is most relevant to the current proposal is SHOP7.
Policy SHOP7 seeks to permit proposals for financial and professional service
(A2), catering (A3) (this would now include A5 use) and local service uses
where the location and balance of uses does not adversely affect the retail
function of the Local Shopping Centre.
14. The unit falls within a Local Shopping Centre as there is a cluster of more than
four retail units. Policy SHOP7 aims to avoid local shopping centres becoming
dominated by non-shop (A1) uses. The retail uses within the local shopping
centre comprise of three shop (A1) uses, one financial and professional service
(A2) use, two restaurant (A3) uses and two drinking establishment (A4) uses.
It is considered that as the frontage is small and there would be two shop (A1)
units remaining in the centre, the loss of this shop (A1) unit would not be
detrimental to the local shopping centre.
15. There are two issues in the letter of objection. The first concerns
landlord/tenant consent. The solicitors acting on behalf of the landlord state
that the applicant requires consent from the landlord under the terms of the
lease to pursue the proposal.
16. The Local Planning Authority must have regard to planning considerations
only and it is for the applicant to seek the landlord’s consent to implement any
planning approval.
17. The second issue is that the height of the flue on the rear elevation is far too
short, and would need to extend a least six metres above the top of the
building so as to not restrict the landlord’s further development opportunities
at the property.
18. The Department of Environmental Services require flues to terminate at roof
level. A condition has been added to the schedule which would require details
to be submitted to confirm that the flue would terminate at roof level.
19. Extending the height of the flue six metres above roof level within this current
proposal would be detrimental to visual amenity and would not be acceptable.
If any future application to extend the building were submitted and
subsequently approved, it would be a requirement that the flue be extended to
terminate at the new roof level. An informative has been added to the schedule
to outline this requirement.
20. As such the height of the flue in this current proposal would not restrict future
proposals for the building.
21. Conditions have been added to the schedule to protect the residential amenities
of the five flats on the upper floors. These include measures to avoid noise
and/or odour penetration, noise from any plant equipment and late night
opening.
22. Refuse storage and collection facilities would be dealt with by condition.
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23. There is adequate space within the unit for customers to wait without the need
for queuing on the footway outside the unit.
24. It is considered that a hot-food takeaway use (A5) in this relatively small unit
would not be detrimental to the amenities of the residents.
Conclusion
25. The proposed use would not be detrimental to the Local Shopping Centre and
amenities of the residents.
26. The installation of the flue to the existing roof height on the rear elevation is
not detrimental to visual amenity. The flue in this location would not restrict
any future proposals for the building.
27. The proposal accords with the relevant polices in the City of London Unitary
Development Plan.
28. I recommend that planning permission be granted, as set out in the
recommendation and the schedule attached.
Background Papers
Internal
Memo 04.03.10
Department of Environmental Health
Memo 04.03.10
Department of Community and Children’s Services
External
Email 23.02.10
Xera Design
Letter 18.03.10
Scott Fowler Solicitors
Design & Access Statement rec’d 18.02.10
Refuse Statement rec’d 18.02.10
Impact Statement rec’d 18.02.10
Ventilation & Extraction Statement rec’d 18.02.10
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Appendix A1
London Plan Policies
1. The format and status of the London Plan are set out in the Greater London
Authority Act 1999, the Town and Country Planning (London Spatial
Development Strategy) Regulations 2000 (SI 2000 No 1491) and in the GOL
Circular 1/2000 ‘Strategic Planning in London’.
2. The London Plan replaced the Government’s ‘Strategic Planning Guidance for
London Planning Authorities (RPG3, 1996) and is part of the development plan
for the City. As such the London Plan is a material consideration to which the
City of London Corporation must have regard in exercising its development
control powers. The London Plan was consolidated with alterations in February
2008.
3. The London Plan sets out the Mayor’s vision which is to develop London as an
exemplary, sustainable world city, based on three interwoven themes:
• strong, diverse long term economic growth;
• social inclusivity to give all Londoners the opportunity to share in London’s
future success;
• fundamental improvements in London’s environment and use of resources.
4. The London Plan policies which are most relevant to this application are set our
below.
Policy 3D.3 Maintaining and improving retail facilities
Boroughs should:
• work with retailers and others to prevent the loss of retail facilities,
including street and farmers’ markets, that provide essential
convenience and specialist shopping and to encourage mixed
use development
• establish local retailing information in collaboration with local
communities and undertake audits of local retail and service
facilities identifying areas considered deficient in convenience
shopping and services
• provide a policy framework for maintaining, managing and enhancing
local and neighbourhood shopping facilities and, where appropriate,
for the provision of further such facilities in accessible locations,
including to serve new residential communities
• support the development of e-tailing and encourage the widening
of access to it.
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SCHEDULE
APPLICATION: 10/00107/FULL
Statue House 53 - 54 Aldgate High Street London
Change of use from a shop (A1) to a hot food take-away (A5) at ground floor
level and installation of a flue on the rear elevation (60sq.m) (646sq.f).
CONDITIONS
1
The development hereby permitted shall be begun before the expiration of
three years from the date of this permission.
REASON: To ensure compliance with the terms of Section 91 of the Town
and Country Planning Act 1990.
2
Before any works thereby affected are begun the following details shall be
submitted to and approved in writing by the Local Planning Authority and all
development pursuant to this permission shall be carried out in accordance
with the approved details:
(a) details to show the flue on the rear elevation terminating at roof level.
REASON: To ensure that the Local Planning Authority may be satisfied with
the detail of the proposed development and to ensure a satisfactory external
appearance in accordance with the following policies of the Unitary
Development Plan 2002:
3
The flue must be finished in a colour to match the brickwork to which it is
fixed.
REASON: To ensure a satisfactory external appearance in accordance with the
following policy of the Unitary Development Plan 2002: ENV 6.
4
Refuse storage and collection facilities shall:
(a) be provided within the curtilage of the premises to serve the hot food takeaway use (Class A5) hereby approved in accordance with details which must
be submitted to and approved in writing by the Local Planning Authority prior
to the retail use commencing; and
(b) thereafter be maintained as approved throughout the life of the building.
REASON: To ensure the satisfactory servicing of the building in accordance
with the following policy of the Unitary Development Plan 2002: UTIL 6.
5
(a) The level of noise emitted from any new plant shall be lower than the
existing background level by at least 10 LpA. Noise levels shall be determined
at one metre from the window of the nearest noise sensitive premises. The
measurements and assessments shall be made in accordance with B.S. 4142.
The background noise level shall be expressed as the lowest LA90 (10
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minutes) during which plant is or may be in operation. Following installation
but before the new plant comes into operation measurements of noise from the
new plant must be taken and a report demonstrating that the plant as installed
meets the design requirements shall be submitted to and approved in writing
by the Local Planning Authority.
(b) All constituent parts of the new plant shall be maintained and replaced in
whole or in part as often is required to ensure compliance with the noise levels
approved by the Local Planning Authority.
REASON: To protect the amenities of neighbouring residential/commercial
occupiers in accordance with the following policies of the Unitary
Development Plan 2002: HOUS 9, ENV 33.
6
Before any development hereby permitted is begun, a scheme shall be
submitted to and approved in writing by the Local Planning Authority which
specifies the fume extract arrangements, materials and construction methods to
be used to avoid noise and/or odour penetration to the upper floors from the
Class A5 use. The details approved must be implemented before the Class A5
use takes place.
REASON: In order to protect residential/commercial amenities in the building
in accordance with the following policies of the Unitary Development Plan
2002: HOUS 9, ENV 33.
7
No live or recorded music shall be played that it can be heard outside the
premises or within any residential or other premises in the building.
REASON: To safeguard the amenity of the adjoining premises and the area in
general in accordance with the following policies of the Unitary Development
Plan 2002: HOUS 9, ENV 33.
8
The Class A5 use hereby permitted shall not be open to customers between the
hours of 11.00pm on one day and 7.00am on the following day.
REASON: To safeguard the amenity of the adjoining premises and the area
generally in accordance with the following policies of the Unitary
Development Plan 2002: HOUS 9, ENV 33.
9
The development shall not be carried out other than in accordance with the
following approved drawings and particulars or as approved under conditions
of this planning permission: Site Plan, XERA/53AHS/101 Rev A - 105 Rev A
inc
REASON: To ensure that the development of this site is in compliance with
details and particulars which have been approved by the Local Planning
Authority.
INFORMATIVES
1
The Director of Environmental Services (Environmental Health Team) advises
that:
Food Hygiene and Safety
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If cooking is to be proposed within the food/catering units a satisfactory
system of ventilation will be required. This must satisfy the following
conditions:
Adequate access to ventilation fans, equipment and ductwork should be
provided to permit routine cleaning and maintenance;
The flue should terminate at roof level in a location which will not give rise to
nuisance to other occupiers of the building or adjacent buildings. It cannot be
assumed that ductwork will be permitted on the exterior of the building;
Additional methods of odour control may also be required. These must be
submitted to the Department of Environmental Services for comment prior to
installation;
Ventilation systems for extracting and dispersing any emissions and cooking
smells to the external air must be discharged at roof level and designed,
installed, operated and maintained in accordance with manufacturer's
specification in order to prevent such smells and emissions adversely affecting
neighbours.
2
Planning permission is hereby granted only for the change of use and external
flue. Any further works that would materially affect the external appearance of
the building will require a separate application for planning permission.
3
The correct street number or number and name must be displayed prominently
on the premises in accordance with regulations made under Section 12 of the
London Building Acts (Amendment) Act 1939. Names and numbers must be
agreed with the Department of Planning and Transportation prior to their use
including use for marketing.
4
Ventilation for any kitchens would need to be provided to roof level. In the
event of the building being extended the flue hereby approved would need to
terminate at the new roof level.
5
Reason for Grant of Planning Permission - The decision to grant this planning
permission has been taken having regard to the policies in the City of London
Unitary Development Plan 2002 set out below, the London Plan, relevant
government guidance and supplementary planning guidance, representations
received and all other relevant material considerations. An objection was made
to the application. This was taken into account by the Local Planning
Authority but was not considered to outweigh the reasons for granting
planning permission. Conditions of the planning permission will address
issues raised by objector.
The proposal complies with policies contained within the UDP and is not
considered to be detrimental to the local shopping centre.
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Unitary Development Plan 2002 Policies
ENV6
To ensure that all alterations or extensions to an existing building take
account of its scale, proportions, architectural character, materials and
setting.
SHOP7
To permit proposals for financial and professional service (A2), catering
(A3) and local service uses where the location and balance of uses does
not adversely affect the retail function of the Local Shopping Centre.
ENV33
To protect the amenity in and around buildings by resisting development
likely to produce offensive noise, air pollution, surface and underground
water pollution or other adverse environmental conditions.
HOUS9
To seek the improvement of the general residential environment and to
safeguard residential amenity, as far as possible.
UTIL6
To require adequate provision within all developments for the storage,
presentation for collection, and removal of waste, unless exceptional
circumstances make it impractical; to encourage provision to allow for
the separate storage of recyclable waste where appropriate.
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