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Site address 5-7A Leigham Court Road, London, SW16 2ND

Ward Streatham Wells

Proposal Change of use of No.7 Leigham Court Road from a mini cab office (Sui Generis) to takeaway use (Use Class A5). Extension of existing A5 use at 5 Leigham Court Road to include 7 Leigham Court Road.

Application type

Full Planning Permission

Application ref(s) 14/03491/FUL

Validation date 7 July 2014

Case officer details Name: Lauren Shallcross Tel: 020 7926 8349 Email: lshallcross@lambeth.gov.uk

Applicant Mr Suleyman Murat Suleyman Kelle G’s Ltd 70 Avondale Road Bromley Kent BR1 4EZ

Agent Mr Tom Bell 208 Surveys 6 Artichoke Mews Artichoke Place London SE5 8TS

Considerations/constraints Streatham High Road/Streatham Hill Conservation Area Streatham High Road Major Centre Primary Shopping Area

Approved plans Site Location Plan, Site Plan, Existing Plan, Proposed Plan, Existing Elevation, Proposed Elevation

Recommendation (s) Grant Planning Permission subject to conditions

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Consultation

Department(s) or Organisation(s) Consulted? (y/n)

Date response received

Comments summarised in report? (y/n)

Internal

Transport/Highways Y 11/09/2014 Y

Conservation and Urban Design Y 27/08/2014 Y

Regulatory Services (Noise Pollution) Y 07/08/2014 Y

Regulatory Services (Food Safety) N

External

Streatham Society Y N/A N

Streatham Action Y N/A N

Streatham Business Improvement Districts

Y N/A N

TFL London Network Development Y 19/08/2014 Y

Background documents Case File (this can be accessed via the Planning Advice Desk, Telephone 020 7926 1180)

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1

Summary of Main Issues

1.1 The main issues relating to the determination of this application are:

The principle of the use of the site as a takeaway (Use Class A5);

The impact on retail provision within the Streatham High Road Major Centre Primary Shopping Area;

The impact of the external alterations on the character and appearance of the Streatham High Road/Streatham Hill Conservation Area;

The impact of the development on the residential amenity of neighbouring residential occupiers including noise disturbance and odour control;

The transport implications of the proposed development;

Refuse and recycling issues;

Crime prevention and community safety considerations.

2 Site Description

2.1 The application site consists of two units number 5 and 7 Leigham Court Road. Number 5 is an existing A5 takeaway unit and unit 7 currently has a lawful use as a mini cab office. Both units are within a single storey terrace along the Northern side of Leigham Court Road.

2.2 The application site forms part of the parade of 23 ‘shop units’. The parade is on a corner and comprises of nos.105 to 117 (odd) Streatham Hill and 1 to 33 (odd) Leigham Court Road.

2.3 2.4

The site lies at the junction of Leigham Court Road with Streatham High Road (A23), which forms part of the Transport for London Route Network (TLRN). The application site is located within the Streatham High Road Major Centre Primary Shopping Area and within the Streatham High Road/Streatham Hill Conservation Area. The nearest school to the application site, Henry Cavendish School, is located approximately 400 metres away.

3 Planning History

3.1 3.2

There is no relevant planning history relating to this application site. Wider Area No. 25 Leigham Court Road - 09/04074/FUL – Change of use of property from dry cleaners (Class A1) to provide a restaurant/takeaway (Use Classes A3/A5) involving installation of a flue to the rear elevation and installation of a new shopfront and shutters to the front elevation - Application refused under delegated powers for the following reasons: 1 The proposed change of use would result in more than 2 in 5 consecutive original units to be within a Class A3, A4 or A5 use and would represent an over-concentration of these same A Class uses which would be likely to result in unacceptable levels of noise and disturbance arising from associated customers comings and goings and vehicular traffic and parking, harmful to the amenity of

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the local area and contrary to Policies 4, 7 and 29 of the Lambeth Unitary Development Plan (2007). 2 The proposed shopfront, by reason of its failure to incorporate a stallriser into its design, in conjunction with insufficient information on the materials proposed for its construction, would not conform to guidance set out in the Council’s Shopfronts and Signage SPD in terms of details and responding to the building and the surrounding area and thus would have a detrimental impact on the appearance of the Streatham High Road & Streatham Hill Conservation Area and is considered to be contrary to Policies 37 and 47 of the Unitary Development Plan (2007). 3 Insufficient information indicating numbers of associated vehicle movements and parking generated by the operation of the facility has been submitted to the Council, and as such, it has not been possible to make a full transport assessment of the proposal in this regard. The proposal is therefore considered contrary to Policies 9 and 14 of the Lambeth Unitary Development Plan (2007). 4 Insufficient information has been submitted to the Council on how waste and recycling storage would be accommodated within the curtilage of the site in order to enable a full assessment of the proposal in this regard, and as such, is considered contrary to Policies 9 and 56 of the Unitary Development Plan (2007).

4 Proposal

4.1 Planning permission is sought for a change of use from a mini-cab office (Sui

Generis) to provide a hot food takeaway (Use Class A5) and the amalgamation of No.5 and No.7 into one A5 unit. In addition, the works would include the installation of a new shopfront, canopy and security shutters to No.7 and re-positioning of existing sign at No.5.

4.2 The proposed use would entail the preparation of hot and cold food for consumption off the premises. For the purpose of extracting cooking odours from the commercial kitchen, an existing extract flue would be re-positioned within the premises and would be installed on the roof of the premises.

4.3 4.4 4.5 4.6

The application seeks permission for the following opening hours:

Monday to Saturday: 11.00am – 22.00pm

Sundays and Bank Holidays: 12.00pm – 21.00pm

The applicant has confirmed that there will be six full time staff and two part-time staff employed within both premises. The existing metal framed shopfront of No.7 would be replaced to match the style, colour and materials of No.5 Leigham Court Road. The existing shopfront at No.5 would be retained. The proposal through the removal of internal walls would increase the internal

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4.7 4.8 4.9

waiting and serving area for the existing take away – as well as enlarging the kitchen. The applicant has confirmed that the refuse arrangements will be the same as the existing. The food waste is collected 3 times a week and waste oil is collected twice a week. A new canopy would be installed above the shop window of No.7 to match the existing canopy at No.5 Leigham Court Road The proposal would create a new goods entrance to the right hand side of No.7 Leigham Court Road.

Figure 1: Proposed Ground Floor

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5 Consultations and Responses External Consultation

5.1 A total of 6 letters were sent to neighbouring occupants

5.2 A site notice was displayed on 8th August 2014 5.3 A press notice was published on 8th August 2014

5.4 Streatham Society – No representation received 5.5 Streatham Action Group – No representation received

5.6 Streatham Business Improvement Districts – No representation received

5.7 Transport for London was consulted on the application and had no objections

subject to information regarding delivery/servicing and the head clearance of the extended (dropped) awning. Internal Consultation

5.8 Conservation and Urban Design officers were consulted on the application and had no objections subject to conditions.

5.9 Transport and Highways officers were consulted on the application and had no objections subject to conditions.

5.10 Streetcare – No representation received 5.11 Regulatory Services (Noise Pollution) were consulted on the application and had

no objections. 5.12 Regulatory Services (Food Safety) – No representation received

No. of Letters sent

No. of Objections No. in support Comments

6 8 3 0

Objections: Officer Response:

Too many food businesses already exist in the area and therefore this one is not necessary.

The proposals would not result in more than 2 in 5 consecutive A3/A4/A5 uses. There is therefore no breach of the 2 in 5 local over concentration test in accordance with Policy 29 of the UDP. Generally the test of over-concentration applies to both the core and the edge of major town centres and district town centres as well as to local centres, and will be breached

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where 25% or more of the original units would be in A3/A4/A5 use. In terms of the wider context of the Streatham High Road Major Centre Primary Shopping Area, using the most recent Goad survey (2013) and recently approved changes of use, it can be established that Streatham Major Town Centre contains 575 units of which 19.83% are within A3/A4/A5 use class. In this respect, the proposed change of use would not lead to an over concentration of food and drink uses within the entire Major Town Centre when assessed against this stand of Policy 29 of the UDP.

Very bad air pollution caused by the restaurants already.

The proposed use of the application site is considered to be acceptable and would not have a significant impact on the residential amenity and environment of the surrounding area. It is considered conditions setting out hours of operation and requiring a waste management plan to be approved by the Local Planning Authority would provide mitigation against any harmful impacts.

Dumping of waste and oil waste.

A waste management plan would be secured by way of condition. This would require details of the disposal of customer litter, provision of recycling and waste from the cooking process (including the disposal of fat/oil) to ensure that litter/oil does not find its way on to the pedestrian footpath.

No official site notice for this application.

A site notice was posted on 08/08/2014 and a press notice was published on the 08/08/2014. A total of 6 letters were sent to neighbouring occupants about the proposed development.

Existing Parking Problems.

The Council’s Transport Planner has reviewed the submission and considers the development would not have an adverse impact on the local highway network. The development would not result in additional cars which would increase the parking stress within the local area.

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Planning Policy Considerations

National Guidance

6.1 Central Government guidance is contained in the National Planning Policy Framework (NPPF), which was published on the 27th March 2012. This sets out the current Government’s planning policies for England and how these are expected to be applied. It reinforces the Development Plan led system and does not change the statutory status of the development plan as the starting point for decision making.

6.2 The NPPF must now be taken into account in the preparation of local and neighbourhood plans and is a material consideration in planning decisions.

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6.3 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires

planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan in Lambeth is The London Plan which was adopted in July 2011, and provides strategic planning guidance for development and use of land and buildings within the London region. All Borough plan policies are required to be in general conformity with the London Plan policies the Lambeth Core Strategy (adopted 19 January 2011), and the remaining saved policies in the ‘Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011’.

The London Plan 2011

6.4 The London Plan was published in July 2011. The London Plan is the Mayor’s development strategy for Greater London and provides strategic planning guidance for development and use of land and buildings within the London region.

6.5 The London plan is the overall strategic plan for London, and it sets out a fully integrated economic, environmental, transport and social framework for the development of the capital over the next 20-25 years. It forms part of the development plan for Greater London. All Borough plan policies are required to be in general conformity with the London Plan policies.

6.6 The following policies are considered to be of relevance to the assessment of this application:

Policy 2.15: Town Centres

Policy 4.1: Developing London’s Economy

Policy 4.7: Retail and Town Centre Development

Policy 4.9: Small Shops

Policy 6.9: Cycling

Policy 6.13: Parking

Policy 7.3: Designing Out Crime

Policy 7.15: Reducing Noise and Enhancing Soundscapes

Lambeth LDF Core Strategy (2011)

6.7 The following policies are considered to be of relevance to the assessment of this application:

Policy S1: Delivering the Vision and Objectives

Policy S3: Economic Development

Policy S4: Transport

Policy S7: Sustainable Design and Construction

Policy S8: Sustainable Waste Management

Policy S9: Quality of the Built Environment

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Policy PN4: Streatham

London Borough of Lambeth Unitary Development Plan (2007): ‘Policies

saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011’

6.8 The following policies are considered to be of relevance to the assessment of this application:

Policy 4: Town Centres and Community Regeneration

Policy 7: Protection of Residential Amenity

Policy 9: Transport Impact

Policy 14: Parking and Traffic Restraint

Policy 19: Active Frontage Uses

Policy 29: The Evening and Late Night Economy, Food and Drink and

Amusement Centre Uses

Policy 32: Community Safety/Designing Out Crime

Policy 36: Alterations and Extensions

Policy 37: Shopfronts and Advertisements

Policy 47: Conservation Areas

Supplementary Planning Documents

6.9 The following SPD’s are considered relevant to this application are:

Refuse and Recycling Storage Design Guide (2013)

Waste and Recycling Storage and Collection Requirements (2006)

Shopfronts and Signage (2008)

7 Principle of land use

7.1 7.2 7.3

The application seeks permission for a change of use of the existing mini-cab office (Sui-Generis) to a hot food takeaway (Use Class A5) to allow the amalgamation of No.5 and No.7 to create one larger unit for use as a take away (Use Class A5) along with the relocation of a flue and alterations to the shopfront. Policy 4 and 19 of the UDP state that in local centres, inner edge of major and/or district town centres units should be active frontage uses unless they are not viable for such a use. In this case, the proposed use would have an active frontage in compliance with Policies 4 and 19. Policy 29 of the UDP states that food and drink uses will only be permitted where the proposal would not cause unacceptable noise or other harm to residential amenity in relation to the proximity to residential premises. Policy 29 (ii) goes on to state that the closing hours, concentration and scale of

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7.4 7.5 7.6

premises should not create or add to unacceptable noise or harm to amenity or risk of public disorder (including the cumulative impact of proposals). Generally the test of over-concentration applies to both the core and the edge of major town centres and district town centres as well as to local centres, and will be breached where 25% or more of the original units would be in A3 use. To mitigate the potential impact of local over-concentration within town centres, not more than 2 in 5 consecutive original units should be in A3 use (for the purpose of Policy 29, ‘A3’ use is taken to mean any A3, A4 or A5 unit). The application premises are located on the east side of Leigham Court Road and the parade of shops of which they form a part are predominantly in A1 or A3 use.

1 Leigham Court Road – Estate Agent (Use Class A2)

3 Leigham Court Road – Estate Agent (Use Class A2)

5 Leigham Court Road – Restaurant/take away (Use ClassA3/A5)

7/7A Leigham Court Road – Mini-cab office (Sui Generis)

9 Leigham Court Road – Retail (Use Class A1)

9A Leigham Court Road – Barbers (Use Class A1)

11 Leigham Court Road – Hairdressers (Use Class A1)

11A Leigham Court Road – Restaurant/take away (Use Class A3/A5)

13 Leigham Court Road – Hair and Beauty (Use Class A1)

15 Leigham Court Road – Hair and Beauty (Use Class A1)

17 Leigham Court Road – Café (Use Class A3)

19 Leigham Court Road – Retail (Use Class A1)

21 Leigham Court Road – Restaurant/take away (Use Class A3/A5)

23 Leigham Court Road – Café (Use Class A3)

25 Leigham Court Road – Dry Cleaners (Use Class A1)

27 Leigham Court Road – Hot Food Takeaway (Use Class A5)

29 Leigham Court Road – Barber’s (Use Class A1)

31 Leigham Court Road – Charity Shop (Use Class A1)

33 Leigham Court Road – Hairdressers (Use Class A1)

As can be seen in the table above, out of the 17 units adjoining the application site, there is currently 6 units that have existing A3/A5 use. The introduction of an additional A5 unit would increase this to 7 units within the adjoining 17 units. The proposals would not result in more than 2 in 5 consecutive A3/A4/A5 uses. There is therefore no breach of the 2 in 5 local over concentration test in accordance with Policy 29 of the UDP. In terms of the wider context of the Streatham High Road Major Centre Primary Shopping Area, using the most recent Goad survey (2013) and recently approved changes of use, it can be established that Streatham Major Town Centre contains 575 units of which 19.83% are within A3/A4/A5 use class. In this respect, the proposed change of use would not lead to an over concentration of food and drink uses within the entire Major Town Centre when assessed against this stand of Policy 29 of the UDP. Policy 29 sets out the above test as a means to protect residential amenity. The location of the

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7.7 7.8

application site is away from residential properties. In addition to the above, Policy 2.15 of the London Plan seeks to sustain and enhance the vitality and viability of town centres through the promotion of leisure and retail uses. In this case, officers are of the view that the location of the unit within the Streatham High Road Major Town Centre is appropriate for such uses and will add vitality and viability to the town centre in line with the aims of Policy 2.15 of the London Plan and Policy PN4 of the Core Strategy. Having regard to all of the above officers consider that, in land use terms, the proposed development is acceptable due to its compliance with Policy 2.15 of the London Plan, Policy PN4 of the Core Strategy and Saved Policies 4, 19 and 29 of the UDP.

8 Conservation and Design

8.1 Policy S9 of the Core Strategy seeks to achieve the highest quality of design in all new buildings, alterations and extensions.

8.2 Saved Policy 36 of the UDP requires alterations to properties to be in keeping with the existing building. Saved Policy 47 of the UDP states that development proposals in a conservation area should seek to preserve or enhance the character and appearance of the conservation area.

8.3 Saved Policy 33 of the UDP states that development should be of a high quality design and contribute positively to its surrounding area. Saved Policy 37 seeks the preservation of traditional shopfronts both in conservation areas and elsewhere in the borough and states that replacement shopfronts should always relate well to the character of the building in which they are located and neighbouring buildings. It is also stated that in traditional buildings replacement shopfronts should restore or interpret traditional designs and features and visually integrate the ground floor with the upper floors to retain or reinstate the building's architectural unity.

8.4 The Council's Supplementary Planning Document for Shopfronts and Advertisements asserts that new shopfronts, irrespective of their style, should integrate well with their host building by respecting the scale, style and general building forms. If the building is set within a group of surviving traditional shopfronts that group should inform the general shape and form of the new shopfront. The SPD also sets out requirements for new plant and other equipment and states that kitchen flues will only be allowed in unobtrusive locations where they are disguised or painted so that they blend in with their surroundings.

8.5

The existing shopfront of unit No.7 is modern and makes no positive contribution to the surrounding streetscene. No objections are raised to the principle of its replacement. The drawing submitted provides a clearer indication about the design of the shopfront. It is considered that the proposed new shopfront for No.7 would accord with the general character of the shops in this area and would not be detrimental to the character and appearance of the streetscene and the wider conservation area. The Council’s Conservation

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8.6 8.7

Officer has assessed the application and has raised no objection subject to conditions requiring further details of the retention of a distinct fascia of each unit which would need advertising consent and further details of the external shutters and roller shutter box. It is therefore considered that the proposed new shopfront is acceptable and would comply with the design guidance as set out in the ‘Shopfronts and Signage’ SPD. There are no works to the shopfront of unit 5. The proposals also seek to relocate the existing roof ventilation and extraction ducting/flue to the application property. The ducting would not be in a prominent location and would not be easily visible from the public realm. It is therefore considered that the relocation of the ducting would not have a detrimental impact on the character and appearance of the building or the surrounding conservation area and is therefore acceptable. However, the submitted drawings do not provide sufficient detail about the detailed design and materials of the proposed ducting. It is therefore considered that a condition be attached to the planning permission, if granted, to require submission of manufacturer’s details of the ducting and detailed drawings of how it will be affixed to the building. The Council’s Conservation Officer has been consulted and has raised no objection to the proposed flue and is of the opinion that the flue and other works would not harm the character and appearance of the conservation area, in line with Policy 47 of the UDP.

9 Amenity Impact

9.1 Saved Policy 4 of the UDP states that the development of food and drink uses (such as that being proposed) is subject to the requirement to maintain appropriate residential amenity. Saved Policy 7 states that “the right people to the quiet enjoyment of their home will be respected’ and that in mixed use areas ‘the scale, design, intensity, concentration, and location of non-residential uses will be controlled in relation to residential uses to protect residential amenity’. Saved policy 29 sets out controls over food and drink and late night uses to minimise the impact on the amenity of neighbouring occupiers.

9.2

Noise and Disturbance The application site is located within a major town centre and on a London distributor road which forms part of the TLRN. It is therefore considered that extant noise levels surrounding the application site are higher than would be expected in more residential areas. However, given that there are residential properties located within the vicinity, the nearest residential property is located opposite the application site approximately 35 metres from the proposed hot food takeaway it is considered that conditions should be attached to the planning permission, if granted, to ensure that no amplified sounds are audible outside the premises, details of anti vibration methods, opening hours and deliveries. Subject to these conditions it is considered that the proposed change of use from the mini-cab office (Sui Generis) to a take away (A5)

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9.3 9.4 9.5 9.6 9.7

would not have an adverse impact on residential amenity in terms of noise and disturbance. The applicant proposes the following opening hours:

Monday to Saturday: 11.00am – 22.00pm

Sundays and Bank Holidays: 12.00pm – 21.00pm

It is considered that the proposed opening hours on Monday to Saturday and Sundays and Bank holidays are appropriate. These times are considered acceptable and would not cause undue disruption to any surrounding residential properties. These opening times would tie in with other units within the area and would add to the evening economy of the Streatham High Road Major Centre and would be secured by way of a condition if the application is granted approval. In terms of footfall and noise generation, the proposed A5 use would not result in an local over concentration of such uses or in a over concentration in the wider context of the Streatham High Road Major Centre in accordance with Policy 29 of the UDP. It is therefore considered that the additional food and drink use within the town centre would not create significant footfall and pedestrian movements resulting in harmful impacts through noise and disturbance. There have been a number of objections about customers waiting on the street and noise and disturbance that this can cause, the increased internal waiting area is considered to mitigate against this but in addition a condition is recommended requiring a management plan to include how customer waiting will be managed, how customer litter will be dealt with and how staff manage the use. All premises where hot food is prepared require direct extract ventilation of cooking fumes. In this case, this would be achieved through an extract flue that would be relocated to a different location on the roof of the property. The nature of the extract flue means that it will generate noise emissions and to this end, the applicant has not submitted detailed information on the specification of the flue and ventilation equipment. The submitted details have been reviewed by the Council’s Environmental Health (Noise Pollution) officers who are satisfied by the proposal. However, a condition will be attached restricting the noise emissions and requiring details of anti vibration measures of the flue, to ensure not have an unacceptable impact on the living conditions of neighbouring occupiers in terms of noise. Odour Control The applicant has not submitted details on the location/position of the flue on the roof and the direction in which it would discharge. The flue should discharge away from any residential windows. Therefore, a condition is suggested that would require the installation of the flue in accordance with further details and specifications to be submitted for approval along with requiring regular maintenance of the installation to ensure it continues to operate effectively and efficiently. An informative is also suggested that would advise the applicant that appropriate carbon filters need to be incorporated

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9.8

into the system. Conclusion Officers consider that, given the commercial characteristics of the site located within the Streatham High Road Major Centre, a hot food takeaway use would be acceptable. Given this would result in the enlargement of the existing unit and the operating hours proposed, it is considered that the introduction of an additional A5 use within the town centre would not result in any significant adverse impact in terms of amenity. For the reasons outlined above the proposal would comply with the relevant saved UDP policies 7 and 29 and, subject to the suggested conditions, the scheme would not result in any undue neighbour amenity impact.

10 Transport and Highways

10.1 Saved Policies 9 and 14 of the UDP advise that applications for planning permission will be assessed for their transport impact, while setting maximum parking standards for commercial and domestic uses.

10.2 Policy S4 of the Core Strategy promotes walking and cycling, including improvements to existing provision and provision in and around new development for cycling, cycle parking, the public realm and transport and highway infrastructure.

10.3 10.4 10.5 10.6 10.7

The Councils Transport Planner has reviewed the submission and considers the change of use of unit 7 from mini cab office to allow for an enlarged take away unit at units 5 and 7 would result in a reduced transport impact. As with the existing lawful use on the site, no car parking or cycle parking is proposed. The site has “an exceptional” public transport accessibility level (PTAL) rating of 6a. As such public transport would be easily accessible to both staff and customers. It should be noted that no details have been provided by the applicant in relation to the servicing of the unit. The applicant has advised that no home deliveries will take place; however it is recommended that a condition be attached to the planning permission, if granted, to secure this. The property is located on a Transport for London Road Network. Transport for London (Tfl) were consulted and raised no objections to the proposals on highway grounds. Cycle parking should be provided for the restaurant. One space should be provided by 20 staff and 1 space per 20 customers. Four secure cycle stands should be provided for the use of the staff and the customers to the restaurant. Details of the cycle stands and manufacturer’s specification should be submitted to the council for approval. It is recommended that a condition be attached to the planning permission, if granted, to secure this. Subject to suggested conditions, It is considered that the proposal satisfies the requirements of saved UDP Policies 9 and 14 as well as Policy S4 of the Core Strategy and is acceptable in transport terms.

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11 Refuse and Recycling

11.1 Policy S8 of the Lambeth Local Development Framework Core Strategy seeks to provide sustainable waste management and recycling provision. More specifically, Lambeth's Guidance for Waste and Recycling Storage and Collection Requirements provides specific advice on refuse and recycling stores with regard to provision, location and access.

11.2 11.3 11.4

The above guidance states that restaurants and fast food outlets should provide 10, 000 litres of waste storage for every 1000sqm of gross floor space. The applicant has confirmed that the waste will be as existing, however no details have been provided of the existing situation. Whilst it is assumed that the refuse and recycling storage would be situated in the rear storage area no details have been provided by the applicant as to the quantity of storage provided. The applicant has confirmed that the number of collections will be three times a week for food waste and twice a week for oil waste, however further details are required. A condition is therefore attached requiring the submission of further details for approval. Lambeth’s Guidance for Waste and Recycling Storage and Collection Requirements also states that restaurant uses should make provision for the storage and disposal of cooking oils however no details have been provided by the applicant in this regard. A condition is therefore attached requiring the submission of additional detail on the storage and disposal of cooking oils. Subject to the conditions suggested, it is considered that the application would be in accordance with Policy S8 of the Core Strategy.

12 Community Safety/Designing Out Crime

12.1 Policy S8 of the Lambeth Local Development Framework Core Strategy seeks to provide sustainable waste management and recycling provision. More specifically, Lambeth's Guidance for Waste and Recycling Storage and Collection Requirements provides specific advice on refuse and recycling stores with regard to provision, location and access.

12.2 12.3

The Design Out Crime Officer has reviewed the submission and requires a management plan, which details how potential crime risks would be mitigated including anti social activity, noise pollution and staff safety should be secured by way of condition. In addition, it is considered appropriate to ensure that the development complies with the physical protection measures as set out by secured by design. This would also be secured by way of condition should the application be granted permission. The proposed opening hours are considered to reflect the existing night economy of the local area. The proposal is considered to comply with Saved Policy 32 of the UDP and Policy S9 of the Core Strategy.

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13 Conclusion

13.1 Upon full assessment of the submitted material supporting the application,

officers consider that the objectives of relevant policies of the Council’s Core Strategy (2011) and Unitary Development Plan: Policies saved beyond August 2010 and not superseded by the LDF Core Strategy January 2011 and London Plan (2012) have been met.

13.2 The development is accordant with land use policies Policy 2.15 of the London Plan, Policy PN4 of the Core Strategy and Policies 4, 19 and 29 of the UDP. The development is in accordance with design policies S9 of the Core Strategy and Policies 36, 37 and 47 of the UDP. In transport terms the application is also in accordance with Policy S4 of the Core Strategy and Policy 9 of the UDP whilst in amenity terms the application is in accordance with Policy 7 of the UDP.

14 Recommendation

14.1 Grant Planning Permission subject to conditions

14.2 Summary of Reasons In deciding to grant planning permission, the Council has had regard to the relevant policies of the Development Plan and all other relevant material considerations. Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following policies were relevant: Lambeth Local Development Framework Core Strategy (2011) Policy S1: Delivering the Vision and Objectives Policy S3: Economic Development Policy S4: Transport Policy S7: Sustainable Design and Construction Policy S8: Sustainable Waste Management Policy S9: Quality of the Built Environment Policy PN4: Streatham UDP: Policies saved beyond 5th August 2010 and not superseded by the Local Development Framework Core Strategy January 2011: Policy 4: Town Centres and Community Regeneration Policy 7: Protection of Residential Amenity Policy 9: Transport Impact Policy 14: Parking and Traffic Restraint Policy 19: Active Frontage Uses Policy 29: The Evening and Late Night Economy, Food and Drink and Amusement Centres Uses

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Policy 32: Community Safety/Designing Out Crime Policy 36: Alterations and Extensions Policy 37: Shopfronts and Advertisements Policy 47: Conservation Areas

15 Conditions Standard Conditions

1. The development to which this permission relates must be begun not later than the expiration of three years beginning from the date of this decision notice. Reason: To comply with the provisions of Section 91(1) (a) of the Town and Country Planning Act 1990 and Section 51 of the Town and Country Planning Compulsory Purchase Act 2004.

2. 3. 4. 5.

The development hereby permitted shall be carried out in accordance with the approved plans listed in this notice. Reason: For the avoidance of doubt and in the interests of proper planning. Residential Amenity Customers are not permitted on the takeaway premises other than within the following times: [11:00] Hours to [23:00] Hours – Monday through to Friday. [11:00] Hours to [23:00] Hours – Saturdays. [12:00] Hours to [21:00] Hours – Sundays, Bank Holidays or Public Holidays. Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of adjoining occupiers or of the area generally. (Policies 7 and 29 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S9 of the LDF Core Strategy (January 2011)). Noise from any source of amplified sound, speech or music shall not exceed the background noise level L90B(A) 15 minutes, when measured from outside the building. Reason: To protect the amenities of adjoining occupiers and the surrounding area. (Policies 7 and 29 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S9 of the LDF Core Strategy (January 2011)). The use hereby permitted shall not commence until details and full specifications of fume extraction and filtration equipment, an on-going maintenance plan, have been submitted to and approved in writing by the local planning authority. The use hereby permitted shall not commence until the approved details are fully implemented. The approved fume extraction and

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6. 7. 8.

filtration equipment shall thereafter be retained and maintained in working order for the duration of the use in accordance with the approved details. Reason: To protect the amenities of adjoining occupiers and the surrounding area. (Policies 7 and 29 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S9 of the LDF Core Strategy (January 2011)). The use hereby permitted shall not commence until details and full specifications of noise and vibration attenuation have been submitted to and approved in writing by the local planning authority. The use hereby permitted shall not commence until the approved details are fully implemented. The approved noise and vibration attenuation measures shall thereafter be retained and maintained in working order for the duration of the use in accordance with the approved details. Reason: To protect the amenities of adjoining occupiers and the surrounding area. (Policies 7 and 29 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S9 of the LDF Core Strategy (January 2011)). There shall be no deliveries to the takeaway premises other than within the following times: [08:00] Hours to [20:00] Hours – Monday through to Friday. [08:00] Hours to [20:00] Hours – Saturdays. [00:00] Hours to [00:00] Hours – Sundays, Bank Holidays or Public Holidays. Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of adjoining occupiers or of the area generally. (Policies 7 and 29 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S9 of the LDF Core Strategy (January 2011)). The use hereby permitted shall not commence until a management plan has been submitted and approved in writing by the local planning authority. The use hereby permitted shall thereafter be operated in accordance with the approved details. The submitted details must include the following:

a) a strategy to control waiting customers b) details of how customer litter will be dealt with and how staff will

manage the use Reason: To protect the amenities of adjoining occupiers and the surrounding area. (Policies 7 and 29 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S9 of the LDF Core Strategy (January 2011)).

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9. 10. 11. 12.

Transport and Highways There must be no home deliveries of food or drink from the premises, even as an ancillary part of the primary Class A5 use. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway. (Policies 9 and 14 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S4 of the LDF Core Strategy (January 2011)). The use hereby permitted shall not commence until a servicing management plan has been submitted and approved in writing by the local planning authority. The use hereby permitted shall thereafter be operated in accordance with the approved details. The submitted details must include the following: a) frequency of deliveries to the site; b) frequency of other servicing vehicles such as refuse collections; c) dimensions of delivery and servicing vehicles; d) proposed loading and delivery locations; and e) a strategy to manage vehicles servicing the site. Reason: To avoid obstruction of the surrounding streets and limit the effects of the increase in travel movements within the locality as well as safeguarding public safety and the amenity of the surrounding area. (Policy 9 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S4 of the LDF Core Strategy (January 2011)) Prior to commencement of the use hereby permitted four secure cycle stands should be provided for the use of the staff and the customers to the restaurant. Full details of the cycle stands and manufacturer’s specification shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall be implemented in full and the cycle parking shall thereafter be retained solely for its designated use. Reason: To ensure adequate cycle parking is available on site and to promote sustainable modes of transport. (Policy 9 of the Unitary Development Plan 2007 (Policies saved beyond 5th August 2010 and not superseded by the Core Strategy: January 2011) Refuse and Recycling Prior to the commencement of the use hereby permitted, details of waste and recycling storage for the development, including details of the disposal waste, fats and oils from the cooking process, shall be submitted to and approved in writing by the local planning authority. The waste and recycling storage shall be provided in accordance with the approved details prior to the commencement of the use hereby permitted, and shall thereafter be retained solely for its designated use. The use hereby permitted shall be operated in accordance with the approved details. The waste and recycling storage

21

13. 14. 15.

areas/facilities should comply with Lambeth’s refuse and recycling storage design guide (2013), unless it is demonstrated in the submissions that such provision is inappropriate for this specific development. Reason: To ensure that adequate provision is made for the storage of refuse and the provision of recycling facilities on the site, in the interests of the amenities of the area. (Policies S8 and S9 of the LDF Core Strategy (January 2011)). Crime Prevention The use hereby permitted shall not commence until a crime and safety management plan has been submitted and approved in writing by the local planning authority. The use hereby permitted shall thereafter be operated in accordance with the approved details. The submitted details must include the following: a) details of any CCTV coverage; b) and any measures to mitigate potential crime risks including robbery, anti-social activity, noise pollution and risks to staff safety/welfare; and c) details demonstrating that the premises will operate a ‘quiet door policy’. Reason: To ensure that the development maintains and enhances community safety. (Policy 32 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011). Conservation and Design Notwithstanding any details shown on the submitted drawings, details showing the proposed shopfront (to include details of construction materials, fenestration and doors at 1:1, 1:5 and 1:20 scale where appropriate) retaining the vertical division between each unit including detailing shall be submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be implemented solely in accordance with the approved details. Reason: To preserve the character and appearance of the conservation area (Policy S9 of the Core Strategy: January 2011 and Policies 37, and 47 of the Unitary Development Plan 2007: Policies saved beyond 5th August 2010 and not superseded by the Core Strategy: January 2011). Notwithstanding any details shown on the submitted drawings, details of the proposed external shutters (to include elevation and section drawings at a scale at 1:1, 1:5 and 1:20 scale where appropriate) shall be submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be implemented solely in accordance with the approved details. Reason: To preserve the character and appearance of the conservation area (Policy S9 of the Core Strategy: January 2011 and Policies 37, and 47 of the Unitary Development Plan 2007: Policies saved beyond 5th August 2010 and not superseded by the Core Strategy: January 2011).

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16.

Notwithstanding any details shown on the submitted drawings, details of the relocated flue (to include elevation and section drawings at a scale at 1:1, 1:5 and 1:20 scale where appropriate) shall be submitted to and approved in writing by the Local Planning Authority. The works shall thereafter be implemented solely in accordance with the approved details. Reason: To preserve the character and appearance of the conservation area (Policy S9 of the Core Strategy: January 2011 and Policies 37, and 47 of the Unitary Development Plan 2007: Policies saved beyond 5th August 2010 and not superseded by the Core Strategy: January 2011).

Informatives

1 This decision letter does not convey an approval or consent which may be

required under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.

2 You are advised that this permission does not authorise the display of advertisements at the premises and separate consent may be required from the Local Planning Authority under the Town and Country Planning (Control of Advertisements) Regulations 1992.

3 Your attention is drawn to the provisions of the Building Regulations, and related legislation which must be complied with to the satisfaction of the Council's Building Control Officer.

4 In relation to condition 9 of this consent, you are advised that The London Borough of Lambeth's ‘Refuse and Recycling Storage Design Guide’ (2013) and the 'Waste and Recycling Storage and Collection Requirements: Guidance for Architects and Developers' (May 2006) is available on the planning pages of the Council's website: www.lambeth.gov.uk.

5 6 7 8

Your attention is drawn to the need to comply with the requirements of the Control of Pollution Act 1974 concerning construction site noise and in this respect you are advised to contact the Council's Environmental Health Division. You are advised to consult the Council's Environmental Health Division with regard to the extraction of fumes from the premises. You are advised to consult the Council's Environmental Health Division concerning compliance with any requirements under the Housing, Food, Safety and Public Health and Environmental Protection Acts and any by-laws or regulations made there under. Your attention is drawn to the necessity to register your food business with the Council's Environmental Health Division, under the Food Premises (Registration) Regulations 1991 before the use commences. Failure to do so may result in prosecution.

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9 10 11 12 13 14

Thames Water recommends the installation of a properly maintained fat trap on all catering establishments. We further recommend, in line with best practice for the disposal of Fats, Oils and Grease, the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel. Failure to implement these recommendations may result in this and other properties suffering blocked drains, sewage flooding and pollution to local watercourses. Further information on the above is available in a leaflet, 'Best Management Practices for Catering Establishments' which can be requested by telephoning 020 8507 4321 You are advised of the necessity to consult the Council's Streetcare team within the Public Protection Division with regard to the provision of refuse storage and collection facilities TfL is the highway authority for the TLRN and require that the footway and carriageway on Leigham Court Road must not be blocked during the conversion period. Temporary obstructions during the conversion must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrians or obstruct the flow of traffic on Leigham Court Road. TfL is the highway authority for the TLRN and requires that no skips or construction materials shall be kept on the footway or carriageway on the TLRN at any time. Should the applicant wish to install scaffolding or a hoarding on the footway whilst undertaking this work, separate licences may be required with TfL, please see, http://www.tfl.gov.uk/roadusers/redroutes/11010.aspx TfL is the highway authority for the TLRN and require that all vehicles associated with the conversion must only park/stop at permitted locations and within the time periods permitted by existing on-street restrictions. You are advised that advertisement consent is needed. The advert should reflect the two units by having two fascias as per conservation and design comments.