PLANNING SUB-COMMITTEE A AGENDA ITEM NO: B5

Date: 19th June 2018 NON-EXEMPT

Application numbers P2018/0601/FULApplication types Full Planning Ward Finsbury Park WardListed building n/aConservation area St Johns Grove Conservation AreaDevelopment Plan Context Archway Core Strategy Key Area

St Johns Grove Conservation AreaCycle Routes (Strategic)Local views from Archway Bridge Archway Tower and Island Site (the Core site)Archway Town Centre Within 100m of SRNWithin 100m of TLRNRail Land Ownership – TfL tunnelsLondon Underground Zone of Interest Article 4 Direction A1-A2 (Town Centres)

Licensing Implications Street trading Site Address Navigator Square (Formerly Archway Close), London N19Proposals Use of the external plaza area for a general market of up

to 25 stalls (14 gazebos) for a maximum of 3 days per week. The market proposed to operate Wednesdays, Saturdays and Sundays.

Case Officer Joe AggarApplicant Ms H. Dervish – Islington CouncilAgent n/a

1 RECOMMENDATION

The Committee is asked to resolve to GRANT planning permission subject to the conditions set out in Appendix 1;

PLANNING COMMITTEE REPORT

Development Management ServicePlanning and Development DivisionEnvironment and Regeneration Department

2. SITE PLAN (site outlined in black)

3. PHOTOS OF SITE/STREET

Image 1 - Aerial view of the site and surroundings

Image 2 – Photomontage of Navigator Square

Images of Navigator Square

4. SUMMARY

4.1 Planning permission is sought for the use of part of Navigator Square (public highway) for a general purpose street market to operate three days a week, Wednesdays, Saturdays and Sundays between the hours of 8am and 8pm.

4.2 The market would take a proportion of pedestrianised open space during the 3 days it would operate. The principle of the development generally complies with both local plan and Islington and London Plan policies which seeks to maintain and support the enhancement of existing traditional street markets and supporting the vitality and viability of the Archway Town Centre.

4.3 The design, layout, scale and massing of the gazebos and stalls are considered acceptable and is considered to be in accordance with CS9 of the Islington Core Strategy, DM2.1 and DM2.3 of the Development Management Policies, the Urban Design Guide and the St John’s Grove Conservation Area Guidelines.

4.4 The use is considered conducive to the town centre location and subject to conditions relating to the control of hours and intensity of use, the proposal is not considered to prejudice the residential amenity of neighbouring properties insofar of undue noise or disturbance, loss of daylight or sunlight light, outlook or increased sense of enclosure, subject to conditions and would not be contrary to policy DM2.1 of the Islington Development Management Policies June, 2013.

4.5 The provision of a market is not considered to result in undue impacts to the local highway network based on anticipated vehicular trips to and from the site and satisfactory delivery and servicing.

4.6 The application is referred to committee as this is a council own application.

4.7 The proposal is considered to be acceptable and in accordance with the Development Plan policies and planning permission is recommended for approval subject to conditions and legal agreement.

5 SITE AND SURROUNDING

5.1 Archway is situated within the northwest of the borough and the site to which Navigator Square, is located close to Archway Underground Station and is situated at the junction of both Junction Road and Holloway Road.

5.2 The island in the centre of the gyratory has recently formed a new public space, known as Navigator Square. Notably the south-west arm of the gyratory has been closed to traffic and this has created a large pedestrianised open space. The pedestrian square lies between Highgate Hill and Holloway Road. The parcel is often referred to as the “island site”.

5.3 The application site sits largely on the former road known as Archway Close, which has also been pedestrianised, between the built forms of the Archway Tavern and the row of three storey properties to Archway Close/Navigator Square. The square has been paved in a limited palette of materials. More specially the central part of the square, in which the application site sits has been paved in 150x300mm granite sets. The square also comprises street furniture including benches and newly planted trees. The site is located within the Archway Town Centre and St John’s Grove Conservation Area.

5.4 Surrounding buildings accommodate a variety of uses, including residential (in Vantage Point, in the Girdlestone Estate, and in McGrath House at 2 Vorley Road), a hotel (in Hamlyn House), retail, offices and food and drink uses. Community and social facilities exist nearby in the form of Archway Leisure Centre immediately to the west, the Church of Pentecost at 30 Junction Road, Archway Children’s Centre on Vorley Road, and the vacant buildings of the Archway Campus site.

5.5 Vorley Road and MacDonald Road are open to 1-way traffic moving from south to north, while Junction Road and Highgate Hill/Tollhouse Way are open to 2-way vehicular traffic. Double and single yellow lines, bus stops/stands, loading bays and residents’ parking, pay-at-machine/by-phone and disabled parking bays line the streets surrounding the masterplan site. To the north and northeast of the masterplan site are TfL-controlled red routes, forming part of the TfL Road Network (TLRN). These have double red lines. There are pedestrian crossings close to the site, including across Junction Road and on MacDonald Road to the south of the Archway Leisure Centre. A 2-way cycle lane runs southeast-northwest across the northern edge of the square. Dropped kerbs exist at various points around the site, including outside 4 Vorley Road and the now-hoarded Vorley Road bus stand.

5.6 The site has a PTAL score of 6b, indicating the best possible level of access to public transport and is located within close vicinity of Archway Underground Station. The Site is also within close proximity to Upper Holloway Overground Station and a number of bus routes also serve the square.

6. PROPOSAL (in Detail)

6.1 The application seeks permission to erect 14 gazebos to accommodate 25 stalls for general market. The market proposes to operate for 3 days per week, Wednesday, Saturdays and Sunday within the hours of 8am to 8pm. The layout of the gazebos would form two lines with a central access route, running diagonally across the square from north east to a south westerly direction. The market days would be temporary with structures and goods erected and removed on a daily basis.

6.2 The gazebos would comprise three sizes, 3mx3m, 3mx4.5m and 3mx6m and would contained the stalls within. The application has been made by the council with the intention to issue a license to the Archway Market operator. It is proposed to service the market from a 10m loading bay located on Flower Mews to the north.

6.3 The application has been referred to the planning sub-committee as this is a council own application.

7. RELEVANT HISTORY:

PLANNING APPLICATIONS

Hill House7.1 8/08/2016 – Planning permission (ref: P2015/3977/FUL) granted for recladding of Hill

House, creation of a new residential entrance in eastern façade, erection of a ground floor front extension, reconfiguration of existing retail floorspace, installation of new shops fronts, erection of a wind canopy, landscaping, creation of roof terraces above the plinth, erection of a 2-storey extension to the tower to create 9 self-contained residential units, provision of rooftop terraces and creation of a 2-storey refuse/recycling facility and cycle store in undercroft of west elevation.

7.2 17/11/2015 – Prior approval (ref: P2015/4052/PRA) issued in relation to change of use of ground to 4th and 6th to 11th floors from office to residential, creating 147 residential units.

Archway Gyratory Redesign 7.3 11/10/2016 - Screening Opinion P2016/1360/EIA issued in relation to a request for a

Screening Opinion under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended) as to whether the following proposals constitute Environmental Impact Assessment (EIA) development: works to Archway Gyratory and sections of roads leading from it including Archway Road, Highgate Hill, St John's Road, Holloway Road and Junction Road, with a site total area of 2.75 hectares.

ENFORCEMENT:

7.4 None.

PRE-APPLICATION ADVICE:

7.5 None.

8. CONSULTATION

Public Consultation

8.1 Letters were sent to occupants of 310 adjoining and nearby properties at Navigator Square, Elthorne Road, Windermere Road, Annesley Walk, Giesbach Road, Junction Road, St John’s Way, Highgate Hill, Flowers Mews, Holloway Road and Magdala Avenue. Consultation expired on the 24th May 2018. It is the Council’s practice to continue to consider representations received up until the date of a decision.

8.2 At the time of writing this report 7 responses have been received from the public with regard to the application. Members will be updated at committee of any additional responses received. The issues raised can be summarised as follows (with the paragraph that provides responses to each issue indicated within brackets).

Support Love the market and keen to support business Happy to support the market trade in Navigator Square Add to the community Boost for the area and will attract visitors Improve the attractiveness and the local micro-economy

Objections Noise of a petrol generator (10.40) Prefer food stalls not to be set up near Ally’s Kitchen (10.28)

View to shopfronts should not be obstructed (10.28) Disturbance from the market would ruin weekends (10.39-10.40) Request police presence throughout the days (10.56)

Other Request for tables and chairs to be included in the market The market should sell local produce

External Consultees

8.3 London Fire Brigade: The Commissioner is satisfied with the proposals subject to the following: The market stalls carry out a fire risk assessment and comply with the Regulatory Reform (Fire Safety) Order 2005. They also should meet the following: a. Stalls should be positioned so as to allow adequate circulation of the public and access for emergency vehicles. b. Stall holders should not leave their vehicles in the streets in which they trade, apart from in approved parking spaces such as meter bays, unless for the purposes of loading or unloading goods. The vehicle should be moved immediately after loading or unloading has taken place. c. The layout of stalls should be in such a way as to prevent disorientation and the layout should not form dead ends. d. No part of the stall should be placed closer than 3m to any part of a building and 1.5m from adjoining stalls. Consideration must be given to the possible need to evacuate adjacent buildings in the event of a fire. Stalls should not be positioned so as to block or restrict exit routes from buildings. e. No part of any stall should obstruct a fire hydrant or the hydrant tablet.f. Stall holders should not allow scraps, waste material, litter or rubbish arising from the course of trading to accumulate. Stall holders should place all refuse in a refuse receptacle or other facilities provided for refuse disposal purposes. g. Stall holders should ensure that all walkways are free from trip hazards and abrupt changes in level. h. Electrical supplies should be suitable for external use, multiple adapters should not be used, a test report by a qualified IEE electrician should be supplied where appropriate.

8.4 London Underground Infrastructure Protection: confirm that London Underground Infrastructure Protection has no comment to make on this planning application.

8.5 Transport for London, Toad Network Development: TfL welcomes the proposed servicing strategy for servicing and delivery activities to take place from the loading bay on Flowers Mews. Additionally, the car-free nature of the scheme is welcomed too. TfL agrees and accepts all the Street Trading Licencing conditions, especially those listed in Section 3.6.3 of the Service and Delivery Plan. TfL notes that the plans submitted with the application show a loading bay to the north-eastern side of Archway Methodist Church/Central Hall. This loading bay is not part of the existing street layout and therefore it should be noted by the Council as the drawing doesn't reflect the design on street. Therefore, subject to the above conditions being met, TfL has no objections to the planning application.

Crime Prevention Officer: No comments at the time of writing.

Internal Consultees

8.6 Design and Conservation Officer: The gazebos would be clearly visible from nearby on the main roads and public view points. Whilst the gazebos would appear as an insertion in to the public open space it is considered that the market would promote the function and improve the usability and quality of the open space.

8.7 Access Officer: It is a great project that will animate the square. The layout of the stalls seems correct, and responds positively to the principles set out in the Streetbook SPD. It is important that the layout creates clear sightlines, therefore I am unsure about the location of the southernmost stall. Likewise, the north-west stall is located very close to the public house wall, effectively blocking pedestrian movement coming from the south.

8.8 Highways Officer: define how the market operator will take responsibility and maintenance for the leads and electrical connections to the feeder pillars. Also need to define who will be paying the electricity for the market. No in principle concerns with using the loading bay, however this should be reviewed on an annual basis.

8.9 Transport Planning Officer: no comments at the time of writing.

8.10 Policy Officer: supportive of the market in conjunction with the main town centre functions.

8.11 Environmental Protection Officer: The market is planned for Wednesdays, Saturdays and occasional Sundays. So potentially that would lead to delivery vans arriving at 0600 on Sunday mornings, which seems too early for me with the potential impact on residential (and planned residential nearby). Using diesel generators here is inappropriate after all the gyratory removal works local residents have had to endure to potentially improve local air quality. So either condition the consent to forbid the use of generators on site or confirmation from the applicant that stall holders will not be permitted to use diesel generators should be considered.

8.12 Markets Development Officer: With sufficient growth and effective management, the market potentially offers a number of benefits to the town centre in line with national, regional and local planning policies (as referenced in the planning statement). These include: improved local footfall, greater diversity in the local retail offer, employment opportunities, improved use of public space, enhanced community cohesion.

8.13 Archway Town Centre Manager: No comment at the time of writing.

8.14 Street Trading: No comments at the time of writing.

9 RELEVANT POLICIES

9.1 Details of all relevant policies and guidance notes are attached in Appendix 2. This report considers the proposal against the following development plan documents.

National Guidance 9.2 The National Planning Policy Framework 2012 seeks to secure positive growth in a way

that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

9.3 Since March 2014 Planning Practice Guidance for England has been published online.

Relevant Statutory Duties and Development Plan Considerations and Policies.

9.4 Islington Council (Planning Committee), in determining the planning application has the following main statutory duties to perform:

To have regard to the provisions of the development plan, so far as material to the application and to any other material considerations (Section 70 Town & Country Planning Act 1990);

To determine the application in accordance with the development plan unless other material considerations indicate otherwise (Section 38(6) of the Planning and Compulsory

Purchase Act 2004) (Note: that the relevant Development Plan is the London Plan and Islington’s Local Plan, including adopted Supplementary Planning Guidance.)

As the development is within a conservation area, the Council also has a statutory duty in that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area (s72(1)).

9.5 National Planning Policy Framework (NPPF): Paragraph 14 states: “at the heart of the NPPF is a presumption in favour of sustainable development which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means: approving development proposals that accord with the development plan without delay...”

9.6 In considering the planning application account has to be taken of the statutory and policy framework, the documentation accompanying the application, and views of both statutory and non-statutory consultees.

9.7 The Human Rights Act 1998 incorporates the key articles of the European Convention on Human Rights into domestic law. These include:

Article 1 of the First Protocol: Protection of property. Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

Article 14: Prohibition of discrimination. The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.

9.8 Members of the Planning Committee must be aware of the rights contained in the Convention (particularly those set out above) when making any Planning decisions. However, most Convention rights are not absolute and set out circumstances when an interference with a person's rights is permitted. Any interference with any of the rights contained in the Convention must be sanctioned by law and be aimed at pursuing a legitimate aim and must go no further than is necessary and be proportionate.

9.9 The Equality Act 2010 provides protection from discrimination in respect of certain protected characteristics, namely: age, disability, gender reassignment, pregnancy and maternity, race, religion or beliefs and sex and sexual orientation. It places the Council under a legal duty to have due regard to the advancement of equality in the exercise of its powers including planning powers. The Committee must be mindful of this duty inter alia when determining all planning applications. In particular, the Committee must pay due regard to the need to: (1) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; (2) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and (3) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Development Plan

9.10 The Development Plan is comprised of the London Plan 2016, Islington Core Strategy 2011, Development Management Policies 2013, Finsbury Local Plan 2013 and Site Allocations 2013. The policies of the Development Plan are considered relevant to this application and are listed at Appendix 1 to this report.

9.11 Some weight is given to the Draft London Plan.

Designations

9.12 The site has the following designations under the London Plan 2016, Islington Core Strategy 2011 and Development Management Policies 2013.

- Archway Core Strategy Key Area- St Johns Grove Conservation Area - Cycle Routes (Strategic)- Local views from Archway Bridge - Archway Tower and Island Site (the Core site)- Archway Town Centre - Within 100m of SRN- Within 100m of TLRN- Rail Land Ownership – TfL tunnels- London Underground Zone of Interest - Article 4 Direction A1-A2 (Town Centres)

Supplementary Planning Guidance (SPG) / Document (SPD)

9.13 The SPGs and/or SPDs which are considered relevant are listed in Appendix 2.

10. ASSESSMENT

10.1 The main issues arising from this proposal relate to:

Land Use Design and conservation Operational and Management Impact on the amenity of neighbouring residents. Accessibility Highways Sustainability Other Matters

Land Use

Planning permission

10.2 Planning permission is required for a market which exceeds 14 days (allowed for under permitted development rights) Part 4, Class B of the Town & Country (General Permitted Development (England) Order 2015. Most temporary uses are allowed 28 days a year but markets are limited to 14 days.

10.3 The pitches themselves, albeit temporary, would be considered operational development requiring planning permission but also the use of the square from public space to a street market on those days is a material change of use requiring planning permission. The following paragraphs assess the proposal.

Existing Market

10.4 The existing Archway Market is held every Saturday from 10am to 5pm. It operates on the wide pavement at the corner of St John’s Grove and Holloway Road, just a short walk from Upper Holloway Station. The market is small with only a handful of stalls (around 6/7) however there is a wide variety of produce available. Products sold at the market include fruit and vegetables, bakery goods, meats, books and clothing. The current market does make an important contribution to Archway’s town centre offer.

10.5 The Carter Jonas Report (2017) (‘the Report’) acknowledges that the existing market is currently located some distance from the main town centre and does not attract significant footfall. The Report states this issue could potentially be addressed by its relocation to the new public square. Plus, any more frequent operation could encourage activity in Archway and increase the food offer within the centre. Thus taking into account the benefit of an existing market to the town centre and the potential benefits of a more prominent, centralised market, the proposal is considered to comply with the broad aims of CS14 of the Islington Core Strategy which supports retail provision within the Borough. The markets’ relocation is therefore welcomed to a more central location as proposed.

Regeneration of Archway

10.6 Regeneration of Archway has been an ambition of the council for a number of years. While the area contains architecture from a range of periods. The ‘Core’ site, adjacent to the application site, around (and including) Archway Station, featuring Archway Tower and Hill House (60’s office block are being/have been converted to residential via office to residential PD rights) and Hamlyn House (60’s office block which was recently converted to a hotel). It also includes Archway Mall, an open pedestrian shopping area which is of a very poor quality; the majority of all units are currently vacant, the site is run-down and it currently does not operate as a shopping area despite the central location of the site.

10.7 Core Strategy Policy CS1(E) states that “pursuing the implementation of the gyratory improvements is an important part of the wider regeneration aspirations for Archway”. The removal of Archway gyratory was also one of the key aims in the Archway Development Framework SPD (2007). The site is also allocated Site ARCH1 within Site Allocations Document. A key consideration is to improve the public realm and to provide mixed use development. A proposed market is considered to form one of the key considerations of the above aims for the area.

10.8 The remodelling of the gyratory and public realm improvements have been completed. The creation of a new public space and associated public realm improvements has helped to improve the centre and enhanced Archway’s environmental quality. The new public square is now at the heart of the town centre and provides space for the community to come together, for alfresco dining and for public events. The space was designed with the potential for a market.

10.9 It is clear that the design methodology was to create a public space to be utilised and provide a flexibility for a number of event to benefit the community, including the provision of a market. It is therefore considered that a market within the square follows these policy aims.

10.10 On 5 February 2018 Islington Councils Licensing Regulatory Committee officially designated Navigator Square (approximately 500sqm) as a street trading area between the hours of 8am and 8pm. Whilst planning and licensing operate separately under different regimes, this designation also forms an important consideration in the assessment of the application.

Town Centre

10.11 The site is located within the Archway Core Strategy Key Area, Archway Town Centre and Archway Primary Retail Frontage. The NPPF requires that planning policies should be positive, promote competitive town centre environments and set out policies for the management and growth of centres. NPPF seeks to “retain and enhance existing markets and, where appropriate, reintroduce or create new ones, ensuring that markets remain attractive and competitive.”

10.12 London Plan strategic policies 2.9 seeks to realise the potential of inner London in ways that sustain and enhance its recent economic and demographic growth while also improving its distinct environment, neighbourhoods and public realm, supporting and sustaining existing and new communities.

10.13 The site is within the Primary Retail Frontage of Archway Town Centre (designated as a “district centre” by the London Plan). Core Strategy (2011) Policy CS1 (Archway) states that Holloway Road should be maintained as the “high street” within the Archway town centre, and Policy CS 14 supports the primacy of retail units within the borough’s shopping areas. Development Management (2013) Policy DM4.4 reflects the Core Strategy and commits the Council to maintain and enhance the retail and service function of the Town Centre. The accompanying narrative states that Islington's Town Centres are the primary focus for retailing in the Borough. It identifies the importance of retail and other important facilities in remaining readily accessible in order to sustain the vitality and viability of the Town Centre and so ensure they contribute to the inclusivity and sustainability of local communities and the local economy. More specifically, Policy DM4.9 of the Development Managements Policies focusses on markets and specialist shopping areas. The policy seeks to maintain, and support the enhancement of, existing traditional street markets within the Borough.

10.14 The Mayor of London’s Town Centres Supplementary Planning Guidance July 2014 similarly confirms that retail plays a vital role in London’s town centres, and underpins the Mayor’s objective to promote sustainable access to goods and services for all Londoners.

10.15 The Archway Development Framework SPD sets out the council’s strategy for Archway (and specifically the core site), and provides detailed guidance on how planning policies will be implemented in the area. It identifies the “Delivery of a mixed use development to building upon Archway’s strengths as a [town] centre and enhance this role” as a key objective.

10.16 At page 15 the SPD notes the importance of making sure the town centre is well used at all times of the day, and supports in principle a variety of uses including residential, retail, offices, community services, training facilities and workshops for start-up businesses. Detailed guidance is provided for each of these uses.

10.17 The Carter Jonas Retail and Leisure Study (2017) states the remodelling of the Archway gyratory and associated public realm improvements will improve access around the centre as well as creating an open space, which could cater for events and a market space.

10.18 There is a current market in Holloway Road and this existing market would benefit from being relocated to this new space, which is closer to the centre’s heart. The existing market is small and the number of goods sold is very limited; therefore the relocation could help to improve its overall attraction and viability. It is clear therefore that the proposed scheme is able to draw upon significant policy support for market use and would accord with both the wider retail aspirations of the development plan and with the more specific expectations for Navigator Square as it relates to the Town Centre.

Summary

10.19 The site lies within a formally designated Town Centre where retail development is encouraged and Navigator Square has had part of it designated for street trading purposes under the licensing regime.

10.20 The footfall from the markets in Navigator Square could help to support other local shops and add value to the areas retail offer through its diversification. A market can be a tool for encouraging community cohesion through social interactions that take place, bringing to life the Council’s place making ambitions (stated in policy). They also provide an opportunity to promote enterprise amongst young people and provide a pathway to self- employment and entrepreneurship. The Archway Market has already been operating in Navigator Square, taking advantage of the existing permitted development rights, on a number of Saturdays since February 2018, it has a varying number of traders from week to week. This is therefore a strong indication of the potential for such a market.

10.21 The provision of a market would contribute to the employment objectives of the plan and support retail offer to enhance the town centre. Particular weight is placed on Site Allocation ARCH1 and the Retail & leisure Study (2017) and the application’s conformity with these and the NPPF.

Design and Conservation

10.22 The National Planning Policy Framework confirms that the Government attaches great importance to the design of the built environment, and notes that good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people. Chapter 12 of the NPPF notes that heritage assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance.

10.23 Planning policies relevant to design and conservation are set out in chapter 7 of the London Plan. Policy CS9 of the Council’s adopted Core Strategy outlines general principles to protect Islington’s built environment and are supplemented by Policy DM2.1 of the Development Management Polices, which sets out design criteria for new development. This policy requires development to be based upon an understanding and evaluation of an area’s defining characteristics, confirms that acceptable development will be required to respect and respond positively to existing buildings, and sets out a list of elements of a site and its surroundings that must be successfully addressed – this list includes the site’s historic context, urban form (such as building lines, frontages, building heights, storey heights and massing), architectural and design quality and detailing, visual context (such as location and scale of landmarks, strategic and local and other site specific views, skylines and silhouettes, and scale and form of townscape setpieces or urban compositions), an understanding of the significance of heritage assets that may be affected, and safety in design.

10.24 Policy DM2.3 covers Heritage issues. Section B of Policy DM2.3 deals with Conservation Areas and carries forward the statutory requirement to give special consideration to preserving or enhancing the character or appearance of such areas and the advice on such matters in the National Planning Policy Framework (‘the Framework’).

10.25 There are a number of designated and non-designated heritage assets near the site. In particular, the locally-listed 32 Junction Road and the Archway Tavern, and the St John’s Grove Conservation Area and the Holborn Union Infirmary Conservation Area. The ‘Island’ Site (formerly isolated from the main ‘core’ site by the gyratory) based on the recent public realm improvements means the spaces are now joined via the creation of new public space. The ‘island’ site features several retail and leisure units, as well as the Archway Methodist Hall and Archway Tavern.

10.26 A market is already part of the character of the area, albeit currently located outside of the conservation area. Nevertheless, although the predominant character of the conservation is residential, an integral feature is shopping and commercial frontages on both sides of Junction Road and the Archway island site which provide local services and make an important contribution to the character of the area as acknowledged by the Conservation Area Design Guidelines. The proposal for a market, if properly managed, therefore is in principle considered to contribute positively to the character of the conservation area.

10.27 The square itself is significant for being an area of open space. The proposed market would comprise of 14 gazebos placed linearly in two rows in roughly the same location as the highway was laid out. The gazebos would be located on the Square three days a week and would be ‘temporary events’ – being removed after each day. The gazebos would comprise three sizes, 3mx3m, 3mx4.5m and 3mx6m, with white and green canopies with the stalls contained within.

10.28 The proposed gazebos would block views from the nearby shops and materially narrow the open outlook to the square. The gazebos are proposed to be located 1.8m from the shops at ground floor level to Navigator Square. This distance is not considered to interfere with or restrict pedestrian movement. In any case a condition is attached to show a 3m separation distance with properties on the east side of Navigator Square to ensure sufficient fire access. This is considered to alleviate concerns of ‘blocking’ commercial ground floor units raised by those adjoining properties.

10.29 The gazebos would be clearly visible from main roads and public view points. Whilst the gazebos would appear as an insertion into the open space it is considered that the market would promote the wider retail function, usability and quality and vitality of the open space. The gazebos would be set a sufficient distance away from those properties on Navigator Square so as to unduly obscure or impose on the existing built environment or buildings of local significance to Archway Close.

Planning Balance

10.30 Having regard to paragraph 134 of the National Planning Policy Framework (the Framework), the proposal would lead to less than substantial harm to designated heritage assets based on the visual intrusion. Any harm would be on the lower end of the scale of harm. However, the proposal would provide clear public benefits in the form of a market in a suitable Town Centre location and contribute to local livelihoods and distinctiveness. As such these benefits are considered sufficient to outweigh the significant any harm identified.

10.31 The proposed alterations together are therefore considered justified and considered to comply with Section 12 of the NPPF the Urban Design Guide 2017 and the Streetbook SPD.

Neighbouring Amenity

10.32 The council’s planning policies seek to ensure that new development does not harm the amenity of adjacent residential occupiers, either from loss of daylight, sunlight, privacy and overlooking, perceived sense of enclosure or noise.

10.33 Policy 7.15 (part B) of the London Plan states that development proposals should seek to manage noise by mitigating and minimising the existing and potential adverse impacts of noise on, from, within, as a result of, or in the vicinity of new development; separating new noise sensitive development from major noise sources through the use of distance, screening or internal layout in preference to sole reliance on sound insulation; controlling and mitigating potential adverse effects through the application of good acoustic design principles; and promoting new technologies and improved practices to reduce noise at source and on the transmission path from source to receiver.

10.34 Development Management Policy DM4.3 Part A(ii) considers whether the proposed use of a development would adversely affect local amenity and the character and function of the area. Policy DM2.1 identifies potential impacts which should be assessed. DMP policy DM2.1 part A(x) requires proposals to provide a good level of amenity including consideration of disturbance, noise and hours of operation and that development should not unduly prejudice the satisfactory development or operation of adjoining land and/or the development of the surrounding area as a whole.

10.35 Paragraph 17 of the National Planning Policy Framework seeks to ensure a good standard of amenity for existing and proposed occupants of land and buildings.

10.36 The application site is an ‘island’ site, bound by surrounding roads and buildings. The local area is characterised by a variety of uses including retail, eating and drinking establishments, residential, educational, community, museum uses, resulting providing variety and vitality, and ensuring that the area is not deserted outside business hours.

10.37 The proposed use would clearly increase the intensity of use of the square on those days. The Delivery and Servicing Plan states, “The market operator will ensure that loading and unloading goods for market operations does not take place during the hours of 9pm and 6am.” This is to allow for the setting up and taking down of market and associated good, structures. Given the potential for delivery vans to arrive at 0600, as raised by the Environment Health Officer there is concern that this has the potential to negatively impact adjoining residents based on vehicle movements and the setting down and movement of goods. As such it is considered necessary to alter the delivery times to 7am on a Wednesday, 8am on a Saturday and 9am on a Sunday (condition 4) to protect the living conditions of neighbouring residential occupiers.

10.38 To those neighbouring residential occupiers in the vicinity the proposed use hours of operation are 8am to 8pm. It is also important to considered the square is a public square with no limit on potential users. Based on the proximity to neighbouring residential occupiers and the material increase in the use of the space it is considered necessary to amend the operation hours (condition 5).

10.39 The site being an ‘island site’ is located a distance away from predominant residential uses other than those located in Navigator square. It is considered that the sites environs act as a buffer to noise generated through the proposed use and therefore there is unlikely to be unacceptable impact to those residential properties outside the immediate vicinity of the square.

10.40 Concern has been raised by a number of representation in relation to the use of generators and potential for noise. The applicant has confirmed there are no immediate plans to have traders on Sunday, this is yet to be arranged. Moreover, licensed markets will not be permitted to use generators as part of market operations. It is understood power within the interim will be garnered from local business. As such a condition is imposed to ensure no generators are used (condition 3). Moreover, as a further assurance the operation of the markets will be licenced and regulated as per Street trading conditions and monitored by the Street Trading compliance team. Given the above (including suggested conditions) it is considered that the proposal would not have an adverse impact on the living conditions of adjacent residential occupiers and therefore comply with DM2.1.

Accessibility

10.41 London Plan Policy 7.2 states development should achieve the highest standards of accessible and inclusive design, ensuring that developments can be used safely, easily and with dignity by all regardless of disability, age gender ethnicity or economic circumstances.

10.42 The Access Officer has raised concerns that the location of the southernmost stall and the north-west stall as this may disrupt sightlines and may block pedestrian movement. The

market would allow for a central avenue that is approximately 4m wide with one clear route out to the north end of the market and two routes to the southern end. The proposal is not considered to unduly restrict pedestrian movement through the square and as such is not considered to warrant refusal. The proposal is therefore considered to comply with aims of Policy 7.2 of the London Pan, DM2.2 of the Development Management Polices and the Streetbook SPD.

Highways and Transportation

Public Transport

10.43 The site has a PTAL score of 6b, indicating the best possible level of access to public transport and is located within close vicinity of Archway Underground Station. The site is also within close proximity to Upper Holloway Overground Station and a number of bus routes also serve the square. Therefore, the proposal is located in a highly sustainable location, whereby it is possible to use a number of public transport routes to access the market on any of the proposed event days.

Service and Delivery

10.44 As the site relates to a public space it is not considered acceptable for loading and unloading to be undertaken on the square itself. Policy DM8.6 (delivery and servicing for new development) of the Development Management Policies requires the provision for delivery and servicing to be provided off-street, particularly for commercial development over 200sqm. An area of 500sqm has been licensed for the trading of a market and the area pedestrianised (closed to traffic). Therefore, this policy is applicable.

10.45 Where on-street servicing is proposed, details must be submitted to demonstrate the need for on street provision and that off street provision is not practical and to show arrangements will be safe and will not cause a traffic obstruction or nuisance. It is proposed to have up to 25 stalls. The number of traders has not been specified.

10.46 There is a 10m loading bay located on Flowers Mews to the north of the square. The loading bay can facilitate up to 3 vehicles at any one time. It is proposed to use the loading by to allow traders to service and deliver to the proposed development.

Image: Loading bay shown to the north of the square

10.47 The Highways Officer also raises no in principle concerns with the use of the existing loading bay to Flower Mews and the onus is on the market operator to manage deliveries. The Highways Officer has raised the view that the use of the bay can be reviewed annually. Given that a condition of this nature would not be feasible and that if a breach were to occur the Council could use traffic enforcement powers, it is not considered appropriate to attach a condition to annual review loading and unloading. The market has been in operation (taking advantage of PD rights). To date no reports have been received in relation to highway safety or traffic generation, which is also of consideration in the assessment of this application.

10.48 Transport for London, the highway operator for the Archway Gyratory welcomes the proposed servicing strategy for servicing and delivery activities to take place from the loading bay on Flowers Mews. Additionally, the car-free nature of the scheme is welcomed too. TfL agrees and accepts all the Street Trading Licencing conditions, especially those listed in Section 3.6.3 of the Service and Delivery Plan. TfL notes that the plans submitted with the application show a loading bay to the north-eastern side of Archway Methodist Church/Central Hall. This is acknowledged as incorrect, however it is not proposed to service from this location and therefore does not form part of the consideration under this application.

10.49 The applicant proposes that loading and unloading will not take place during the hours of 9pm and 6am on Wednesdays, Saturdays and Sundays. The proposal would likely generate a number of trips within a constrained time plus there would also the setting down and movement of goods and the setting up of structures. Given the proximity to neighbouring residential occupiers on Navigator Square and the material intensification of the use of the land it is considered necessary to restrict the hours of service and delivery to ensure no adverse impact on neighbouring occupiers (condition 4).

10.50 In summary, in the event street trading licenses are approved, traders’ ad market operators are required to adhere to all other regulations which include parking and loading restrictions to minimise impacts such as noise nuisance and loading times on local residents and business. Moreover, the delivery times are to be staggered to prevent the possibility of build-up in traffic. As such, on-street servicing at the proposed location, in accordance with the TMO restrictions, would not impede the passage of other vehicles, notably to the busy gyratory. As such this matter would not warrant refusal of this application. Overall therefore the proposed loading, unloading and servicing arrangements, subject to amended hours (condition 4) would not cause unacceptable disruption of congestion on the highway network and would accord with Policy DM8.6 of the Islington Development Management Policies (2013).

Waste

10.51 The Islington Street Environment Services ‘Recycling and Refuse Storage Requirements’ provides advice in relation off street waste. It is anticipated that the waste will be collected from Flowers Mews on a daily basis in conjunction with the market operations. As such the proposal is considered to provide an adequate waste collection for a proposal of this nature.

10.52 Of note any licensed operator will, under an agreement with the councils Street Trading Team, be required to adhere to street trading clauses related or refuse and waste. This states:

“Clause 38) You are responsible for all refuse arising as a result of your activities. You must at all times comply with the requirements of the Environmental Protection Act (1990) or any superseding legislation regarding your waste.Clause 39) In keeping with the Council’s environmental sustainable initiatives you are to support the following practices where practical: a) Keep packaging of goods to a minimum or use recycled packaging where possible;

b) Keep the use of non‐recyclable carrier bags to a minimum; c) Where possible compost food waste in line with the Council’s policy of composting Clause 40) Recycle all refuse where appropriate in line with Council’s policy. Clause 41) All refuse, food debris, waste, and litter must be contained within sacks on your pitch at the end of the trading day or transported to containers that may be provided by the Council as directed. Clause 42) The trader shall collect and dispose of any food debris and wrappings caused by their activities, within a 2m radius of their pitch at the end of the trading day and as often a necessary during the day. Clause 43) Trader must ensure that all waste water and any kind of oil is collected ina a secure container and disposed of or discharged legally and not to be poured in drains or placed in litter bins.

10.53 The generation of waste and how it is managed and moved from site are material planning considerations. Waste would be strictly controlled by the license issued to traders and requirements under the Environmental Protection Act. Whilst both fall under a different regime to that of planning, it is considered of note and would provide sufficient assurances that waste storage, collection, removal and recycling would be adequate.

Other Matters

10.54 It has been requested that tables and chairs should form part if any proposal. Tables and chairs do not form part of this proposal and in any event would be dealt with under the licensing regime.

10.55 A request has been made to sell local produce. The planning system does not operate in a way whereby it can stipulate such a requirement.

10.56 A request for police presence on market days has been made in relation to the application. The police were consulted and did not comment on the application. In any event the planning system cannot stipulate police presence on market days.

11. SUMMARY AND CONCLUSION

Summary

11.1 The proposal for a market, including up to 25 stalls is considered to enliven and enhance the Archway Town centre, contributing to vitality and vibrancy of the area. The visual disruption caused to the open square, conservation area and locally listed buildings is considered to be outweighed by the markets contribution the character and distinctiveness of the area.

11.2 Subject to conditions to mitigate noise, there is considered to be no unacceptable adverse impact on the living conditions of adjacent occupiers, in terms of transport and servicing the proposal is not considered to have an adverse impact on the local highway network. The attached recommended conditions would control the scale, frequency and intensity of the operation of the proposed use to satisfactory levels.

11.3 In accordance with the above assessment, it is considered that the proposed development is consistent with the policies of the London Plan, the Islington Core Strategy, the Islington Development Plan and associated Supplementary Planning Documents and should be approved accordingly.

Conclusion

11.4 It is recommended that planning permission be granted subject to conditions as set out in Appendix 1 – Recommendations

APPENDIX 1 – RECOMMENDATIONS

RECOMMENDATION A

That the grant of planning permission be subject to conditions to secure the following:

1 Commencement CONDITION: The development hereby permitted shall be begun not later than the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004 (Chapter 5).

2 Approved plans listCONDITION: The development hereby approved shall be carried out in accordance with the following approved plans:

Site Location Plan; DWG.14; 3M x 3M Premium Pop Up Gazebo; 3 X 6M Premium Pop Up Gazebo; 3M x 4.5M Pop Up Gazebo; Service and Delivery Plan; Planning Statement.

REASON: To comply with Section 70(1) (a) of the Town and Country Act 1990 as amended and the Reason for Grant and also for the avoidance of doubt and in the interest of proper planning.

3 Generators CONDITION: No generators shall be used in association with the running of stalls, market or market operations.

REASON: In order to protect the living conditions of neighbouring occupiers.

4 Delivery Hours CONDITION: Loading or unloading shall only occur during the following hours:

7am and 8pm Wednesdays8am and 7pm Saturdays and;9am and 5pm on Sundays

REASON: In order to protect the living conditions of neighbouring occupiers.

5 Hours of OperationCONDITION: The market shall operate between the hours of:

8am and 7pm Wednesday9am and 6pm on Saturdays and; 10am and 4pm Sundays Reason: In the interest of protecting adjoining resident’s amenity from noise, smells and disturbance.

6 Site layout and number of stallsCONDITION: The stalls shall be laid out in accordance to drawing reference DWG.14.

No more than 25 stalls shall be allowed at any one time on site.

Reason: In order to maintain the pedestrian access way (congestion) and maintain the primary function of the private space as area of open space and to protect the amenity of adjoining neighbouring properties.

7 Emergency Access CONDITION: A strategy for emergency access, including fire access shall be submitted to and approved in writing by the local planning authority.

Reason: In the interests of public safety.

8 Final Gazebo/stalls layouts and locationCONDITION: Notwithstanding the approved plans, a revised layout of the exact number and location of the hereby approved 14 gazebos to accommodate up to 25 stalls market stalls shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of the market to demonstrate/evidence full compliance with the Regulatory Reform (Fire Safety) Order 2005 including the following:

i Stalls should be positioned so as to allow adequate circulation of the public and access for emergency vehicles

ii No part of the stall should be placed closer 3 metres to any part of a building and 1.5 metres from adjoining stalls. Consideration must be given to the possible need to evacuate adjacent buildings in the event of a fire. Stalls should not be positioned so as to block or restrict exits routes from buildings.

Reason: In the interests of public safety.

List of Informatives:

1 SignagePlease note that separate advertisement consent application may be required for the display of signage at the site.

2 Construction worksNoise from demolition and construction works is subject to control under the Control of Pollution Act 1974. You must carry out any building works that can be heard at the boundary of the site only between 08.00 and 18.00 hours Monday to Friday and 08.00 to 13.00 on Saturday and not at all on Sundays and Public Holidays. You are advised to consult the Pollution Team, Islington Council, 222 Upper Street London N1 1XR (Tel. No. 020 7527 3258 or by email pollution@islington.gov.uk) or seek prior approval under Section 61 of the Act if you anticipate any difficulty in carrying out construction other than within the hours stated above.

3 Highways Requirements

Compliance with sections 168 to 175 and of the Highways Act, 1980, relating to“Precautions to be taken in doing certain works in or near streets or highways”. This relates, to scaffolding, hoarding and so on. All licenses can be acquired through streetworks@islington.gov.uk. All agreements relating to the above need to be in place prior to works commencing.Compliance with section 174 of the Highways Act, 1980 - “Precautions to be taken by persons executing works in streets.” Should a company/individual request to work on the public highway a Section 50 license is required. Can be gained throughstreetworks@islington.gov.uk. Section 50 license must be agreed prior to any

works commencing.Compliance with section 140A of the Highways Act, 1980 – “Builders skips: charge for occupation of highway. Licenses can be gained through streetworks@islington.gov.uk.Compliance with sections 59 and 60 of the Highway Act, 1980 – “Recovery by highways authorities etc. of certain expenses incurred in maintaining highways”. Haulage route to be agreed with streetworks officer. Contact streetworks@islington.gov.uk.Joint condition survey required between Islington Council Highways and interested parties before commencement of building works to catalogue condition of streets and drainage gullies. Contact highways.maintenance@islington.gov.uk Approval of highways required and copy of findings and condition survey document to be sent to planning case officer for development in question.Temporary crossover licenses to be acquired from streetworks@islington.gov.uk. Heavy duty vehicles will not be permitted to access the site unless a temporary heavy duty crossover is in place.Highways re-instatement costing to be provided to recover expenses incurred for damage to the public highway directly by the build in accordance with sections 131 and 133 of the Highways.

4 Fire ConductThe market stalls should carry out a fire risk assessment and comply with the Regulatory Reform (Fire Safety) Order 2005. They should meet the following: a. Stalls should be positioned so as to allow adequate circulation of the public and access for emergency vehicles. b. Stall holders should not leave their vehicles in the streets in which they trade, apart from in approved parking spaces such as meter bays, unless for the purposes of loading or unloading goods. The vehicle should be moved immediately after loading or unloading has taken place. c. The layout of stalls should be in such a way as to prevent disorientation and the layout should not form dead ends. d. No part of the stall should be placed closer than 3m to any part of a building and 1.5m from adjoining stalls. Consideration must be given to the possible need to evacuate adjacent buildings in the event of a fire. Stalls should not be positioned so as to block or restrict exit routes from buildings. e. No part of any stall should obstruct a fire hydrant or the hydrant tablet.f. Stall holders should not allow scraps, waste material, litter or rubbish arising from the course of trading to accumulate. Stall holders should place all refuse in a refuse receptacle or other facilities provided for refuse disposal purposes. g. Stall holders should ensure that all walkways are free from trip hazards and abrupt changes in level. h. Electrical supplies should be suitable for external use, multiple adapters should not be used, a test report by a qualified IEE electrician should be supplied where appropriate.

APPENDIX 2: RELEVANT POLICIES

This appendix lists all relevant development plan polices and guidance notes pertinent to the determination of this planning application.

1. National and Regional Guidance

The National Planning Policy Framework 2012 seeks to secure positive growth in a way that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

NPPF - Policy 12 - Conserving and Enhancing the Historic Environment Planning Practice Guide (2014)

2. Development Plan

The Development Plan is comprised of the London Plan 2016, Islington Core Strategy 2011, Development Management Policies 2013, Finsbury Local Plan 2013 and Site Allocations 2013. The following policies of the Development Plan are considered relevant to this application:

A) The London Plan 2016 - Spatial Development Strategy for Greater London

1 Context and strategy Policy 1.1 Delivering the strategic vision and objectives for London 2 London’s places Policy 2.10 Central Activities Zone – strategic priorities Policy 2.12 Central Activities Zone – predominantly local activities Policy 2.18 Green infrastructure: the network of open and green spaces

4 London’s economy Policy 4.1 Developing London’s economy Policy 4.6 Support for and enhancement of arts, culture, sport and entertainment provision Policy 4.8 Supporting a successful and diverse retail sector and related facilities and services

5 London’s response to climate change Policy 5.17 Waste capacity

6 London’s transport Policy 6.2 Providing public transport capacity and safeguarding land for transport Policy 6.3 Assessing effects of development on transport capacity Policy 6.9 Cycling Policy 6.10 Walking Policy 6.11 Smoothing traffic flow and tackling congestion

7 London’s living places and spaces Policy 7.3 Designing out crime Policy 7.4 Local character Policy 7.5 Public realm Policy 7.6 Architecture Policy 7.8 Heritage assets and archaeology

B) Islington Core Strategy 2011Policy CS1 (Archway)Policy CS8 (Enhancing Islington’s Character)Policy CS9 (Protecting and Enhancing Islington’s Built and Historic Environment)

Policy CS11 (Waste) Policy CS14 (Retail)Policy CS15 Open pace and green infrastructure

C) Development Management Policies June 2013

Design and Heritage DM2.1 Design DM2.2 Inclusive Design DM2.3 Heritage

Shops, culture and services DM4.4 Promoting Islington Town CentresDM4.9 Markets and specialist shopping areas

Transport DM8.1 Movement hierarchy DM8.2 Managing transport impacts DM8.3 Public transport DM8.4 Walking and cycling

3. Designations

The site has the following designations under the London Plan 2016, Islington Core Strategy 2011, Development Management Policies 2013, Finsbury Local Plan 2013 and Site Allocations 2013:

Islington Local PlanArchway Core Strategy Key AreaSt Johns Grove Conservation AreaCycle Routes (Strategic)Local views from Archway Bridge Archway Tower and Island Site (the Core site)Archway Town Centre Within 100m of SRNWithin 100m of TLRNRail Land Ownership – TfL tunnelsLondon Underground Zone of Interest Article 4 Direction A1-A2 (Town Centres)

4. Supplementary Planning Guidance (SPG) / Document (SPD)

The following SPGs and/or SPDs are relevant:

Islington Local PlanUrban Design Guide SPDConservation Area Design GuideStreetbook SPD

London Plan- Accessible London: Achieving and - Sustainable Design & Construction - Planning for Equality and Diversity in London