Officer Update Report

Home , Emma Cons

Document Index

Section 1 Site location map

Section 2 Application Summary

Section 3 Officer report

Stakeholders

Planning Case Officer Miss Simona Butera

Applicant Grandseal LTD

Agent. Murdoch Associates 16 South Road Bishop's Stortford Hertfordshire CM23 3JH

Application Reference 08/02365/FUL

Document Information

Version 1.1

Date Report approved 28/01/09

Author Miss Simona Butera

Tel 020 7926 1207

Email sbutera@lambeth.gov.uk

Lambeth Planning Telephone 020 7926 1180 Phoenix House Facsimile 020 7926 1171 10 Wandsworth Road, www.lambeth.gov.uk/planning London [email protected] SW8 2LL

Section 1 – Site Location Map

Section 2 – Application Summary

Location Emma Cons Gardens Waterloo Road London

Ward Bishops

Proposal Renovation of Emma Cons Gardens including use of an area Application outside the southern frontage of Mercury House for the placing of tables and chairs as an external seating area for Waterloo Brasserie (use class A3), alterations to the southern elevation of Mercury House and landscaping works. (DEPARTURE FROM UDP) - (Amended description & Plans)

Applicant Grandseal LTD

Agent Murdoch Associates 16 South Road Bishop's Stortford Hertfordshire CM23 3JH

Date valid 20 June 2008

Case Officer Miss Simona Butera

Application 08/02365/FUL Reference

Recommendation(s) MINDED TO GRANT TEMPORARY PERMISSION FOR 5 YEARS Constraints Cross River Transit Environment Agency Flood Zone (Dec 2006) Local Plan Area Adopted UDP Noise Abatement Zone

Advert Publication 19th September 2008 Date

Site Notice posted 19th September 2008 on

08/02365/FUL

1 Summary of Main Issues

1.1 The main issues involved in this application are: -

• The principle of the loss of public open space to Class A3 use; • The principle of the applicant carrying out the proposal on Council land; • The impact of the siting of tables and chairs on the surrounding area and Lower Marsh Conservation Area; • The impact of the loss of public open space on the amenity of the adjoining occupiers; • The impact of the re-landscaping of the garden on the existing mature vegetation within the site; • The highways and transport implications of the new commercial venture on the local area; • Security and the principles of Secure By Design; • The objections raised against the proposal.

2 SITE AND SURROUNDINGS

2.1 The application site is an area of Council owned open space, known as Emma Cons Gardens, situated on the junction of The Cut (south side) and Waterloo Road (west side) and is also bounded by Cornwall Road on the east side.

2.2 To the south, Emma Cons Gardens fronts the Old Vic Theatre which is a Grade II Listed Building and to the north, the Gardens abut the 4-storey flank elevation of Mercury House which fronts Waterloo Road. The ground floor of Mercury House is in use as a restaurant/bar known as Waterloo Brasserie.

2.3 The site is situated within the Lower Marsh Conservation Area and affects the setting of the Grade II Listed Old Vic Theatre.

3 RELEVANT PLANNING HISTORY

3.1 Emma Cons Gardens

Ordnance Survey and Council records indicate that Emma Cons Gardens was created after the Second World War following post war site clearance of the bomb damaged buildings that previously existed on this site. The site was purchased by the London County Council and was opened in 1958 as a garden with trees and small raised grass plots and seats.

3.2 Mercury House

Planning permission refused on 07.06.2003 for the change of use from existing basement storage to A3 (bar) along with associated alterations for the following reason: -

• The proposed A3 use would have resulted in a serious disruption to pedestrian and vehicular traffic on Cornwall Road and Waterloo Road, compromising the safety of pedestrians and cyclists on these roads.

3.3 Planning permission granted on 20.04.2004 for the change of use of part of the basement from ancillary office storage to Internet cafe and retail use

3.4 Planning permission granted on 02.12.2004 for the change of use of the southern part of the basement and ground floor levels from a bank and ancillary storage (Class A2) and internet cafe and other retail floorspace (Class A1) to a restaurant (Class A3), including alterations to the ground floor southern and Cornwell Road elevations, alterations to the Waterloo Road shopfronts, installation of a ventilation flue, infilling of the central lightwell at basement and first floor level and relocation of the bank from the ground floor level to the southern part of the first floor level which currently provides office accommodation (Class B1).

3.5 Planning permission granted on 05.03.2007 for the replacement of existing windows with inward tri-folding windows on the Emma Cons Garden elevation, installation of wall mounted luminaries and high level up-lighters on the Emma Cons Garden and Waterloo Road elevations and installation of new windows and entrance door to Waterloo Road elevation.

3.6 Planning permission granted on 13.03.2007 for the erection of an awning at ground floor level on frontages to Waterloo Road and Emma Cons Gardens.

3.7 Planning permission refused on 23.05.2008 for landscaping works to Emma Cons Gardens, together with erection of a kiosk and temporary seating area, use of outdoor area adjoining Mercury House as an external seating area for restaurant/bar with tables and chairs, and alterations to southern elevation of Mercury House (DEPARTURE FROM UDP) – for the following reasons: -

• The proposed retail kiosk, by means of its overall design, scale, and bulk, was considered to be an over dominant feature in the streetscape, creating an adverse impact to the Grade II Listed "Old Vic Theatre" and would have failed to preserve and enhance the character and appearance of the Lower Marsh Conservation Area, contrary to Council's policy 32, 36, 38, 39 and 45 of the Council's UDP (2007)

• The position of the proposed retail kiosk was not acceptable as it would have impeded pedestrian movement, contrary to policy 9 of the Council's UDP (2007).

4 PROPOSAL

4.1 The scheme involves the renovation and refurbishment of Emma Cons Gardens, involving the generation of the gardens with a raised landscaping terrace. The proposed repaving and re-landscaping would link to the adjoining road safety scheme involving improved pedestrian crossings, which started in early 2009 and would include works to resurface the carriageway, realign the kerbs and the introduction of a raised granite table at the junction with The Cut. This work is to be carried out by the Council and has already started.

4.2 The proposal also includes change of use of an area of Emma Cons Gardens measuring approximately 18m (at its widest) by x 4.2m in depth outside the Waterloo Brasserie to be used as an outdoor seating area. The area would be delineated by the inclusion of a clear steel strip set in the paving at the edge of the seating area and would provide for a maximum of 108 covers. The application has been submitted by the owner of No. 109-119 Waterloo Road, who owns the restaurant adjacent to the Emma Cons Gardens. It is his intention to extend the restaurant seating area into the adjacent Gardens via a lease.

4.3 The scheme has been advertised as a departure from the UDP as the proposed seating area serving the Waterloo Brasserie would result in the loss of approximately 76 sqm of public open space, which is contrary to policy 50 of the Unitary Development Plan.

4.4 The Gardens also incorporates a small slip road at the northern end of the Gardens, accessed via Cornwall Road. However it appears that this strip of land is privately owned and not public highway.

5 CONSULTATIONS

5.1 65 consultation letters were sent out to neighbouring properties. Properties in the following streets were consulted: Cornwall Road; Holmes Terrace; Waterloo Road; Baylis Road; Sandell Street; The Cut; Pear Place; Lower Marsh; Ring Court and Roupell Street. A comprehensive list of all neighbour consultees is attached on the planning file.

5.2 12 objections were received at time of writing this report.

Planning objections Response

Loss of open space, contrary to The proposed development would constitute a UDP Policy 50. loss of public open space. It is however considered that in this case that the upgrading of this area, together with the change of use to a mix of public and ‘private’ open space, including siting of tables and chairs as an external seating area for Waterloo Brasserie would result in the regeneration of an underused public open space in Central London. Policy 50 of the Unitary Development Plan prevents the loss of public open space to inappropriate development but offers exceptions. This policy also contains a table which refers to a strategic approach, which "provides a diverse range of safe, well used, high quality parks and green spaces that actively improve the quality of life for the people of Lambeth". It is considered that the principle of the proposal, given the significant improvements to the Gardens, without cost to the Council, is sufficient to justify the principle of the proposal and as such the application is sufficiently compliant with Policy 50 to justify the loss of 76 sqm (approx) of public open space to an extension of the bar/restaurant in Mercury House.

The development is not ancillary to Whilst it is acknowledged that the additional the use of Emma Cons Gardens. seating area would not be an activity ancillary to the Garden, it is considered that the siting of tables and chairs as an external seating area for Waterloo Brasserie would make the area more attractive by adding life to the area by providing an area for refreshments, it is considered that the public would be attracted to this open space, encouraging further visits. Furthermore, the funding of the improvements to this space by the applicant (Grandseal Ltd) would enhance the

visual character and appearance of the open space, the setting of the Grade II Old Vic Theatre and of the wider conservation area. It is therefore considered that the loss of a small area of open space for the proposed external seating area at the northern end of the Emma Cons Gardens would be acceptable. . Tables and chairs would inevitably The scheme has been revised to include spread over a larger area than delineation at the edge of the seating area by proposed. means of a clear steel strip set in the paving. The clear and precise definition of the seating area would prevent any unauthorised expansion into Emma Cons Gardens and any encroachment onto the garden would be dealt with under enforcement action.

A further condition is however recommended to require the placing of a physical barrier along the edge of the delineated area during operational hours when the terrace is open in order to prevent expansion into the square by either clientele or waiters. A condition is recommended to ensure the removal (and secure storage) of the barrier, and the tables and chairs outside opening hours.

The applicant has not shown on the submitted plan how they will access the area. Officers are aware that there should be no spillage onto the public pavement. A condition has therefore been imposed, stating that details of the access through the existing building shall be shall be provided before works are commenced. This will prevent the intended use spreading into the gardens or into the street.

Removal of existing trees and The scheme proposes felling 4 Birch trees and 1 other vegetation. ornamental Cherry tree. The existing mature London Plane trees would be retained, and 10 Holly and 6 Magnolia trees would be planted as a replacement for the trees that would be removed as part of this proposal. The Council’s Arboricultural Officer stated that the planting scheme has already been agreed between Lambeth Parks, the applicant and local amenity groups.

The stripes on the new paving are It is considered that the stripes provide a visual crude and have a commercial link between the Emma Cons Garden and the Old purpose. Vic Theatre. The Council’s Design Team viewed the scheme in its entirety and raised no objections, and indeed considered that the proposals can only help to bring a degree of coherence and legibility to the site as it would result in a clear open space with good landscaping and routes through the space. However, since the application was submitted on

20/06/08, works related to the ‘Road Safety Scheme’ (not part of this application and managed by and delivered by the Council’s Transport / Highway department) have already started.

It was originally envisaged that the granite blocks would be laid in a palette of differing lines to create a striped appearance running the length (north to south) of the Gardens from the proposed seating area to the Old Vic theatre.

The Council’s Transport/Highway department confirmed that granite blocks would be used on the vehicular table outside the Old Vic Theatre and that the new paving around the junction apart from the Emma Cons corner would be laid out in York stone. The paving around Emma Cons Gardens would be laid out in standard modular paving.

Given that the Council is carrying out improvements to the footpaths around Emma Cons Gardens, it is considered that a unified approach (in relation to the materials used on both surfaces) should be undertaken.

The deletion of coloured stripes would avoid the use of a number of different coloured blocks which would have been required to create the effect. Not only would this create a uniform appearance across the Gardens but it would also overcome the objections raised.

Equally, the use of only one granite block would make maintenance and repair easier and cheaper.

The development, by means of its The comprehensive re-landscaping of Emma commercial enterprise is a denial Cons Gardens would not deny the origin of the of the origin of Emma Cons garden. The application seeks to re-landscape Gardens, which was created to and refurbish the space to create an attractive commemorate the victims of WW2 public open space, which is currently under used bombings. and offers little to the visual amenity of the area.

The extent of the planted area Whilst the raised planted bed would represent an would restrict a key diagonal enlarged physical barrier than that which pedestrian route across the garden presently exists, it is considered that there is from Waterloo Road. sufficient residual area across the Gardens, together with a much improved and fully accessible surface, to ensure that there would be no undue obstruction to pedestrian flow across the Gardens.

Issues have been raised regarding Conditions are proposed to ensure that the maintenance and management improvement works to the open space are carried of the Emma Cons Gardens out to the satisfaction of the Council; and to ensure that the developer enters into a lease with the Council as land owner of the site with the terms of the lease to be approved by the Council as LPA before being entered into. The lease would contain full maintenance obligations over the entire site, including the open space

5.3 4 letters of support were received stating that it will be a great asset to the area.

5.4 The following statutory consultees were also notified of the application and their responses are summarised as follows :

Association of Waterloo Groups – No comments received to date.

South Bank Employers Group (SBEG) – Raised no objections in principle; however, concerns are raised regarding the removal of the events board located on Emma Cons Gardens. The SBEG advises that the developer utilises the South Bank Streetscapes Design Guide and that a management plan should be sought as part of the delivery of the scheme. A condition requesting details of a replacement events board is proposed.

Waterloo Action Centre – No comments received to date.

Waterloo Community Development Group – Raised objections on grounds of loss of public open space; damage to the open space through loss of green space; loss of trees; the possible over spillage of the proposed table and chairs; the commercial orientated paving design (striped); management and maintenance; the use of planning obligations to require the applicant to maintain the public space.

The Waterloo Quarter Business Alliance Limited – Raised objections to the proposed planting area restricting a key diagonal pedestrian route across the garden from Waterloo Road.

TFL Road Network Development – Raised no objections in principle. Their full comments are contained in paragraph 6.4 of the subsequent report.

Street Management Area Manager South (TfL) – Raised no objections.

Lambeth Estates Residents Association – No comments received to date.

Bankside Open Spaces Trust – No objections in principle; however, raised concerns regarding the loss of public open space and loss of heritage.

5.5 The following internal departments of the Council were consulted:

Transport/Highways – Raised no objections in principle and consider that pedestrian accessibility would be improved.

Conservation & Design – Raised no objections and consider that the scheme overcome previous design concerns.

Regulatory Services - Food Safety – No comment received to date.

Regulatory Services - Noise Pollution – Raised no objections

Implementation Team – Supports the scheme subject to appropriate mechanisms being put in place to ensure the scheme is delivered as a whole.

Council’s Arboricultural Officer – Raised no objection in principle, subject to the imposition of conditions in the event of planning consent

5.6 The scheme was advertised by means of site and press notice.

6 Relevant Planning Policy

6.1 The following national guidance contained in Planning Policy Statements and/or Guidance Notes is considered relevant to this application.

(i) PPS1 (Delivering Sustainable Development) sets out the Government's overarching planning policies on the delivery of sustainable development through the planning system. It states that good design is indivisible from good planning and encourages planning authorities to secure high quality and inclusive design for all development, which positively contribute to making better places for people live and work.

(ii) PPG13 (Transport) deals with transport and particularly the way in which it integrates with the proper planning of the environment.

(iii) PPG15 (Planning and the Historic Environment) provides a full statement of Government policies for the identification and protection of historic buildings, conservation areas and other elements of the historic environment. It explains the role played by the planning system in their protection.

(iv) PPS8 (Open Space, Sport and Outdoor Recreation) describes the role of the planning system in assessing opportunities and needs for sport and recreation provision and safeguarding open space which has recreational value.

6.2 The London Plan (2004) The Plan emphasises the importance of London in the Global Economy and as a gateway to the rest of the UK for businesses and visitors. Development within London is vital for the whole of the UK economy in a global context. London is anticipated to grow significantly over the Plan period and the London Plan has been prepared to provide for growth in the right locations and in the right manner, to meet the needs of Londoners and the UK as a whole and to promote the development of London as a sustainable World City. Policy 3D.8: Realising the Value of Open Space and Green Infrastructure

Policy 3D.10: Metropolitan Open Land

6.3 Unitary Development Plan (August 2007)

Policy 3: The Centre London Activities Zone Policy 4: Town Centre and Community Regeneration

Policy 7: Protection of Residential Amenity Policy 9: Transport Impact Policy 29: The Evening and Late Night Economy, Food and Drinks and Amusement Centre Uses Policy 32: Community Safety/Designing out Crime Policy 33: Building Scale and Design Policy 36: Alterations & Extensions. Policy 38: Design in existing residential/mixed use areas Policy 39: Streetscape, landscape and public realm design Policy 45: Listed Buildings Policy 47: Conservation Area Policy 50: Open space and sports facilities Policy 54: Pollution, Public Health and Safety Policy 57: Planning Obligation Policy 79: Waterloo Development Framework

The current up to date statement of the Council's planning policies is contained in the UDP adopted on 6th August 2007. Together with the London Plan, this forms the statutory development plan for the Borough. It will be used to determine all planning applications in the Borough.

6.1 PLANNING CONSIDERATIONS

6.1.1 Land Use

6.1.2 Planning permission is sought for the change of use of Emma Cons Gardens from a public open space to a mixed use comprising public open space and as an external seating area for the adjacent Mercury Brasserie.

6.1.3 The proposed change of use would result in the loss of approximately 76 sq. m. amount of public open space. This equates to approximately 10 % of the total area of the Gardens. 6.1.4 Emma Cons Gardens dates from 1958 and has been used an open space ever since. In land-use planning terms, it has been designated in the Council’s Unitary Development as a “Park”. As such, the proposal falls to be considered under Policy 50 “Open Space and Sports Facilities”. This policy seeks to protect Open Space from inappropriate development which includes the loss of or damage to open space. The proposal is therefore a clear departure from this policy and the application has been advertised as such.

6.1.5 Policy 50 does state, however, that “ exceptionally, some development on open space sites may be permitted if it comprises:

Exceptions Response

Small scale development that As stated within para. 6.1.3, the proposed is ancillary to the use and change of use would result in the loss of enjoyment of the open space; approximately 10% of public open space (76 sqm), which is considered to a small scale or development.

Although the placing of tables and chairs as an external seating area for the Waterloo Brasserie would not be an activity ancillary to the Gardens, the landscape improvement works to Emma Cons Gardens, funded by the applicant as part of this scheme may be seen (by means

of providing a better quality environment) to possibly attracting a larger number of visitors, both local and people travelling into the area.

Therefore, although the sought material change of use is not technically ancillary to the use and enjoyment of the open space, the landscape improvement works to Emma Cons Gardens, provided by the applicant as part of this scheme may be seen as being an improvement on the existing use and enjoyment of the open space.

Development that facilitates It is considered that the remaining area across or enhances public access: the Gardens is adequate, and its improved landscape would provide a fully accessible or surface, appropriate for wheelchair users or those with special accessibility requirements such as pushchairs or the elderly.

There would no be undue obstruction to pedestrian flow across the Gardens as a result of the proposed re-landscaping works.

Development that makes Whilst the application does not make compensatory provision in compensatory provision for the small loss of the vicinity for replacement public open space, the proposal is, open space of equal of better nevertheless, considered beneficial as it would quality and size; bring to life an unattractive public open space, which is currently under used and offers little to or the visual amenity of the area.

The selective development of Whilst not directly relevant here, the re- housing amenity areas where landscaping of the garden may nevertheless be significant regeneration and seen as bringing community benefits, by community benefits will be bringing to life underused public open space, for achieved which could not be the benefit of visitors to Waterloo, theatre goers achieved in any other way, as well as residents in the locality. for example, in relation to estate-based projects. Such development would be acceptable where the resultant quality of local housing amenity areas is significantly improved; or

Development which protects Although the scheme includes felling 4 Birch the nature conservation value trees and 1 ornamental Cherry tree; it is and biodiversity of the land. considered that the biodiversity of the garden would not be compromised as the existing mature 3 London Plane trees would be retained and 10 Holly and 6 Magnolia trees would be planted. Furthermore, the Council’s Arboricultural Officer confirmed that the planting scheme has been agreed between Lambeth

Parks, the applicant and local amenity groups. The enhanced quality and variety of landscaping would improve the biodiversity of the Gardens as it offer a wider rage of fauna and flora habitats

6.1.6 It is considered that the proposals as a whole do meet the exceptions tests of policy 50 for the scheme to be considered acceptable in principle,

6.1.7 With specific regard to Parks, Policy 50 states that when considering development in them , the Council will seek to “ensure an appropriate balance between “active recreation and quiet enjoyment.”

6.1.8 While the re-landscaping of the garden, with its improved seating and visual amenity would create an area for quiet enjoyment, the Old Vic Theatre is seeking to enter into a licence which would allow the use of Emma Cons Gardens for theatre related activities, thus providing a balance between active recreation and quiet enjoyment

6.1.9 A Grampian condition is proposed to secure that the proposed external seating area would not be occupied until the required improvement works to the open space works have been carried out to the satisfaction of the Council.

6.1.10 It is therefore considered that there is justification having regards to the requirements of Policy 50 to consider that the proposed change of use is acceptable in land use terms.

6.1.11 Notwithstanding what is considered to acceptability of the change of use of the open space to an extension of the adjoining restaurant/bar, the land upon which the seating would be sited is Council owned. Whilst it is considered that the granting of planning permission in perpetuity may not be appropriate, a lengthy temporary permission would be necessary to ensure that the delivery of the scheme as a whole would not be justified. For this reasons it is considered that a temporary 10 years planning permission is appropriate. However, given that the application is a departure from the UDP, the Council, as Local Planning Authority, can only be minded to grant planning permission. Ultimately the decision either to endorse or reject this recommendation is a matter for the Government Office for London.

6.2 Design and Conservation

6.2.1 This application site is located opposite the Grade II listed Old Vic Theatre and within the Lower Marsh Conservation Area

6.2.2 The proposed landscape works to Emma Cons Gardens include the comprehensive re-planning of the open space involving the relaying of the space in granite blocks/sets and the creation of a feature raised planted bed. It was originally envisaged that the granite blocks would be laid in a palette of differing tones to create a striped appearance running the length (north to south) of the Gardens from the proposed seating area to the Old Vic theatre. However, given that the Council is presently carrying out improvements to the footpaths around Emma Cons Gardens, it is considered that a unified approach (in relation to the materials used on both surfaces) should be undertaken. The deletion of coloured stripes would avoid the use of a number of different coloured blocks which would have been required to create the effect. Not only would this create a uniform appearance across the Gardens, thereby

overcoming the objections raised by the Waterloo Community Development Group and by the occupiers of neighbouring properties, it would also ensure that there would be consistency in the use of materials within the gardens and the adjoining street improvements. This in turn would ensure that, subject to the Licence agreement with the Council’s Parks & Leisure Department, both set of works could be carried as one phased project to ensure a seamless appearance once all the works are completed. The use of one granite block would also make maintenance and repair easier and cheaper.

6.2.3 The Council’s Transport/Highway department confirmed that granite blocks would be used on the vehicular table outside the Old Vic Theatre, including the new paving around the junction apart from the Emma Cons Gardens corner would be laid out in York stone. The paving around Emma Cons Gardens would be laid out in standard modular paving slabs. A condition will be added to ensure that materials are consistent with the adjacent highway works.

6.2.4 The proposed planted bed would have a waved edge (facing the garden) and would occupy an approximate external gross area of 276m2. The existing planting area of the Gardens is 273 sq.m. which represents an increase in the extent of planting beds, albeit a marginal one. The new planting bed would be defined by a low stone wall, surmounted by a low metal railing (fronting onto The Cut) , integrating lettering reading ‘Emma Cons Gardens’. The curved wall facing the square would form an additional seating area and the railing facing The Cut would incorporate a nameplate sign for Emma Cons Gardens. The proposed planted bed feature s evergreen trees over herbaceous/groundcover planting. A condition will be added requesting details of material used.

6.2.5 The Gardens are currently maintained by “Putting Down Roots” (a social enterprise managed by St. Mungos). The applicants indicated that the detailed selection of herbaceous plating will be made in conjunction with this group. A condition will be added to ensure that the planting is acceptable.

6.2.6 All metal work would be mild steel, galvanised and painted in dark colured paint. Details of proposed railings and lettering, such as colour and size the have not been submitted. A condition is proposed requesting details of railings to be submitted to and approved by the LPA prior to work commencing.

6.2.7 As stated above, the application includes the provision of an external seating area outside the Mercury House frontage, providing tables and chairs for a maximum of 108 covers (50 tables). The extent of the seating area will be clearly identified by a steel strip set in the paving. Additionally, a removable physical barrier, delineating the seating area outside the Mercury House frontage is also proposed in order to avoid further encroachment into the Gardens. A condition is proposed requesting details of the removal physical barrier to be submitted to and approved by the LPA prior to work commencing. Officers are also of the view that in order to prevent waiters spilling onto the gardens or pavement in front of the premises, that a condition should be imposed to make sure that access to the seating area is directly through the building, which butts up to the site.

6.2.8 The Council’s Conservation and Design Team was consulted and does not object to the principles behind the scheme and indeed considers that the majority of the proposals can only help to bring a degree of coherence and legibility to the site as it would result in a clear open space with good landscaping and routes through the space, defined nodes of activity and opportunities for people to rest and enjoy the space

6.2.9 It is considered therefore that the scheme, overall, would address the current unwelcome landscape design and appearance of the area , encouraging further visits and providing natural surveillance. Additionally, the scheme is considered to enhance both the setting of the Grade II listed Old Vic theatre and the character and appearance of the Lower Marsh Conservation Area, in compliance to Council’s policy 32, 36, 38, 39, 45 and 47 of the Council’s UDP (2007)

6.3 Amenity Impact

6.3.1 Policies 36 of the Council's UDP (2007) states that development should not create:

• Unacceptably harm the amenities (privacy, outlook, sunlight and daylight) of adjoining residents • Result in an undue loss of residential amenity space • Create an unacceptable sense of enclosure.

6.3.2 Revised Deposit Policy 7 seeks to protect residential amenity and states that in mixed-use areas, the scale, hours of use, intensity, concentration and location of non-residential uses will be controlled in relation to residential uses to protect residential amenity.

6.3.3 It is considered that the vast majority of customers for the establishment would walk to and from the premises in the direction of Waterloo Road which is served by buses and taxis and Waterloo Station where mainline trains and three underground services can be caught. 6.3.4 The nearest residential properties are located in Cornwall Mansions, approximately 50m to the north-east and out of direct sight of the Gardens. It is considered that these residents would not be significantly adversely affected by noise or disturbance generated by customers of the extended restaurant/bar. Whilst some of the customers might approach or leave the establishment in the direction of The Cut, this road is relatively busy until late into the evening and it is considered that there would not be any significant adverse impact on the amenity of residents living above the commercial premises in The Cut..

6.3.5 Furthermore, the planning permission granted in 2005 for the existing restaurant limited by condition its opening hours. The condition states that the premises shall not be open for the serving of customers before 0800 on any day or after 0030 on any day and all customers shall vacate the premises within 30 minutes of service ceasing. It is proposed to condition to outside seating area to match these authorised hours. . 6.3.6 Furthermore, the submitted Design & Access Statement indicates that the existing operational hours of the Waterloo Brasserie would not change due to the new outdoor eating area and that the proposed external seating area would only be in use during these times.

6.3.7 By the very nature of the proposal, there would be no loss of daylight/sunlight, no loss of privacy/overlooking and no sense of enclosure would be created by the proposal.

6.3.8 It is therefore considered that although the resulting works would provide an improved visual amenity, attracting more visitors to the gardens, thus creating an increased intensity of use, the amenity of the occupiers of neighbouring residential properties would not be compromised by the proposed works.

Indeed, the improved environment may help to reduce the current problems of anti-social behaviour that have plagued the Gardens over the years.

6.3.9 The scheme is therefore in compliance with policies 36 and 7 of the Council’s UDP (2007)

6.4 Highways and Transportation

6.4.1 The Council's transport team was consulted and stated that there are no objections in principle to the improvement of Emma Cons Gardens, and to the proposed seating area outside Mercury House, which would provide an active frontage to the square with a pedestrian route to Cornwall Road retained for this purpose.

6.4.2 Pedestrian movement in the vicinity of Waterloo Road and The Cut is to be improved through the implementation of a “Road Safety Scheme”. The Road Safety Scheme is not part of this application and is managed by and delivered by the Council’s Transport/Highway department. The Road Safety Scheme and the renovation of Emma Cons Gardens are mutually exclusive in terms of implementation; however, should it be resolved that planning permission be granted for the redevelopment of Emma Cons Gardens, it is anticipated that that the work will be carried out concurrently.

6.4.3 The applicant is expected to enter into a licence agreement regarding how the implementation of the works within the garden and also the activities that would take place within the Gardens in the future. This would ensure that the works in their entirely will be carried out to the Council’s satisfaction as both the Local Planning and Highway Authority. 6.4.4 In order to ensure that the all works are carried out to the satisfaction of the Council as LPA, it is proposed to impose Grampian conditions, which bind the applicant into carrying out the approved refurbishment scheme prior to using the designated strip of the Gardens (the land adjacent to the Waterloo Brasserie, at the northern end of the Gardens) for A3 use.

6.4.5 It is therefore considered that subject to conditions ensuring that the applicant and the Council’s Transport/Highway department enter into an agreement over the use of the same contractor, materials and method and concurrence of construction, there are no objections on transport and highway grounds.

6.4.6 Transport for London was consulted and raised no objections to the proposed works subject to conditions aimed to minimise the traffic impact to the Strategic Road Network (Waterloo Road).

6.5 Design out Crime

6.5.1 Emma Cons Gardens (retained public open space)

6.5.1.1 Policy 32 of the Adopted Unitary Development Plan (2007) states that development will not be permitted where opportunities for crime are created or where it results in an increased risk of public disorder. It is considered that the increased use of the Gardens together with diners looking out over the open space could contribute further to passive surveillance of the surrounding area, thereby aiding security and enhance community safety.

6.5.1.2 Concerns were raised by the Council’s Secure by Design Officer regarding the siting of the bench seats within the garden, in that the benches needed to be separated to avoid congregation and avoid attracting rough sleepers. The gaps

beneath the benches where objects could be left would need to be designed out to alleviate terrorism concerns (as well as litter). Concerns are also raised about the potential use of skate boarding on or off benches. The visual transparency from the west of Emma Cons Gardens to the east of Cornwall Rd would need to be maintained as if the views are insufficiently transparent it may attract unsolicited gathering of drug users and rough sleeping. A condition governing the adherence to the planting regime and its maintenance is recommended.

6.5.1.3 The location of the planter adjoining Cornwall Road is considered not to create any direct community safety concerns. Additionally, a condition is proposed regarding the maintenance regime to ensure that a visual permeability is kept for security reasons as well as for visual amenity

6.5.2 External Seating Area

6.5.2.1 The proposed tables and chairs would be free-standing. They would be put out in the morning and would be removed in the evening, at which time they would be securely stored within the closed restaurant.

6.5.2.2 There would be no permanent structure on the approved seating area and the land would return to open space when the restaurant closes.

6.5.2.3 The removal of all structures would prevent any attraction to them and misuse by people creating an antisocial behaviour

6.5.2.4 Subject to appropriate conditions addressing the above concerns, it is considered that the scheme complies with Policy 32. 6.6 Trees

6.6.1 Policy 39 of the Council’s UDP (2007) seeks to protect trees of high amenity value stating that the removal of or major works to trees of high amenity value will only be permitted where they are assessed as hazardous, causing proven structural damage to property or where it can be proven that a protected tree is unreasonably interfering with an individual’s enjoyment of his/her property. This policy also states that if protected trees are removed, replacement trees should be planted of suitable maturity and protection, and of potentially equal value within and/or outside the site.

6.6.2 The scheme proposes felling four Birch trees and 1 ornamental Cherry tree. Ten Holly and six Magnolia trees would be planted as replacements.

6.6.3 Three mature London Plane trees within Emma Cons Gardens, which are considered to make a positive contribution to the environmental amenity of the garden and to the immediately surrounding area are proposed to be retained.

6.6.2 The Council’s Arboricultural Officer was consulted and commented that the planting scheme has already been agreed between Lambeth Parks, the applicant and local amenity groups.

6.6.4 Given that the three mature London Plane trees within Emma Cons Gardens would be retained, no objection is raised regarding the above work.

6.6.5 The scheme is therefore in compliance with policy 39 of the Council’s UDP (2007)

6.7 Refuse

6.7.1 Policy 56 of the UDP (2007) requires the appropriate provision of refuse and recycling storage and collection. The Council's Guidance for ‘Waste and Recycling Storage and Collection Requirements’ provides a more comprehensive guide to waste storage provision.

6.7.2 The above guidance states that refuse and recycling should be stored within a purpose built area or within an enclosure to prevent nuisance from spread of rubbish, odour and noise. Storage areas should allow sufficient space for filling and emptying bins and allow for washing down and drainage into the floor

6.7.3 The proposal would not include the provision of refuse and recycling storage and collection as the Waterloo Brasserie is envisaged to continue to use its existing provision of refuse and recycling storage and collection.

6.7.4 It is however considered that, given that the siting of tables and chairs within Emma Cons Gardens would provide the Waterloo Brasserie’s with a newly created outdoor eating area, with an additional 108 covers, that a greater volume of waste than existing would be produced as a result. A condition is attached requiring the applicant to provide these facilities within the existing premises (i.e. not outside) in accordance with the adopted Architect’s Code of Practice for Refuse Collection and Storage.

6.7.5 The Council has responsibility for cleaning public land and 'A' roads. Emma Cons Garden is a public open space and as such, litter collection within Emma Cons Gardens would be the responsibility of Lambeth Council. However, a condition is proposed to ensure that the designated area for the restaurant’s outdoor seating is regularly washed down and maintained in a clean and tidy fashion.

7.0 Conclusion

7.1 It is acknowledged that the proposed change of use would result in the loss of public open space, thus a departure from the Council’s UDP (2007). However, it is considered that, having regard to the strategy of Policy 50, there is sufficient benefit to be delivered, primarily to the re-landscaping of Emma Cons Gardens as a whole, but also having regard to the attraction and usability of the improved space, its improved impact to the setting of the Grade II Listed Old Vic Theatre and to the wider Conservation Area to justify the departure from the UDP in land use terms.

7.2 It is considered that the proposed layout of the space as a whole would address the current unwelcoming landscape design and appearance of the area, encouraging further visits and providing natural surveillance and also creating a degree of coherence and legibility to the site, routes through the space, defined nodes of activity and opportunities for people to rest and enjoy the space, whilst not detracting from the residential amenity of neighbouring properties. Furthermore, the scheme will not increase parking stress in the vicinity to an unacceptable level.

8.0 RECOMMENDATION

8.1 That the Council be minded to grant conditional temporary planning permission for ten years subject to the resolution of the Government Office for London:

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 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.)

2) The area designated for outdoor seating, as shown on the plans hereby approved, shall be for a limited period of 10 years, and shall be removed on or before 11 February 2014 unless the permission is renewed in the meantime.

Reason: To ensure future control of the use of the Council owned open space. (Policy 50 of the Unitary Development Plan (2007) refers).

3) The area of Emma Cons Garden as shown on drawing No. 319.110D hereby approved for use as additional external seating area (Use Class A3) for the existing restaurant in Mercury House (currently known as the Waterloo Brasserie) shall not be occupied as such until the required improvement works to the open space have been carried out to the satisfaction of the Council as LPA.

Reason: To safeguard and enhance the visual amenities of the locality and to safeguard the special architectural and historic interest of the nearby Grade II Listed Old Vic Theatre. Otherwise, the reduction of open space would not be compensated for by the improved quality of the Emma Cons Gardens (Policies 33 36, 39, 45 and 47 of the Unitary Development Plan (2007) refer.)

4) The area hereby approved for use as additional external seating area, shall only be used during the same hours of operation as approved for the A3 use, between 0800 and 0030 on any day and all customers shall vacate the premises within 30 minutes of service ceasing.

Reason: To protect the amenities of adjoining occupiers and highway safety (Policies 7, 9, 14 and 29 of the Unitary Development Plan (2007) refer).

5) The area hereby approved for outdoor eating shall be clear of all tables and chairs and of any associated fixtures outside the hours as specified in condition 4. Details of how and where the tables and chairs and associated fixtures are to be securely stored shall be submitted to and approved by LPA in writing prior to the use commencing.

Reason: To protect the amenities of adjoining occupiers, highway safety and public safety (Policies 7, 9, 14, 29 and 32 of the Unitary Development Plan (2007) refer).

6) The designated seating area for outdoor eating of the development hereby approved, including tables and chairs and any associated fixtures shall be regularly washed down (on a weekly basis) during the hours as specified in condition 4.

To protect the amenities of adjoining occupiers, highway safety and public safety (Policies 7, 9, 14, 29 and 32 of the Unitary Development Plan (2007) refer).

7) Details of the metal strip delineating the area designated for the external seating area and its methods of laying of the development hereby permitted shall be submitted to and approved by the LPA in writing prior to its installation.

Reason: To ensure a clear and obvious delineation of the area for the safety of the public and of the highway users (Policies 9, 14, 32 and 50 of the Unitary Development Plan (2007) refer).

8) Detailed plans at a scale of 1:100, 1:50 and 1:20 of the physical barrier to be placed along the edge of the area designated for the external seating area of the development hereby permitted shall be submitted to and approved by the LPA in writing prior to its installation.

Reason: To ensure a clear and obvious delineation of the area for the safety of the public and of the highway users (Policies 9, 14, 32 and 50 of the Unitary Development Plan (2007) refer).

9) The physical barrier to be placed along the edge of the area designated for the external seating area of the development hereby permitted shall be removed and securely stored outside the hours as specified in condition 4.

Reason: To protect the amenities of adjoining occupiers, highway safety and public safety (Policies 7, 9, 14, 29 and 32 of the Unitary Development Plan (2007) refer).

10) Waiters circulation shall not operate outside the hereby approved delineated area and at no time shall service take place via the public highway. .

Reason: To ensure a clear and obvious delineation of the area for the safety of the public and of the highway users (Policies 9, 14, 32 and 50 of the Unitary Development Plan (2007) refer).

11) Details plan showing the access through the building onto the seating area of the development hereby permitted shall be submitted to and approved by the LPA prior to works commencing.

Reason: To protect the safety of the public and of the highway users (Policies 9, 14, 32 and 50 of the Unitary Development Plan (2007) refer).

12) The use hereby permitted shall be used as an ancillary use to the restaurant only and shall not be used for other social functions, commercial entertainment or for any other purpose.

Reason: To maintain control over the future use of the site having regard to pedestrian and highway safety (Policies 7 and 9 of the Unitary Development Plan (2007) refer).

13) The footway and carriageway on the Waterloo Road must not be blocked during the construction of the proposal. Temporary obstruction during the construction is kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrian, or obstruct the flow of traffic on the TLRN. The footway adjacent to the signalised crossings adjacent to the site must be kept clear at all times.

Reasons: To minimise the traffic impact to the area (Policy 9 of the adopted UDP refers).

14) All construction vehicles associated with the proposal must park away from the junction of Waterloo Road/ Bayliss Road/The Cut at all times.

Reasons: To minimise the traffic impact to the area (Policy 9 of the adopted UDP refers).

15) Movements of construction vehicles be carefully planned and coordinated to during the off-peak periods (before 7am, 10am-4pm, 7pm onward).

Reasons: To minimise the traffic impact to the area (Policy 9 of the adopted UDP refers).

16) No trees other than those shown to be removed on the Approved Plan Drwg No. LP319.101 (Proposed Tree Removals) shall be felled, pruned, uprooted, damaged or otherwise disturbed without the prior written agreement of the Local Planning Authority.

Reason(s): To ensure the retention of, and avoid damage to, the existing trees on or adjacent to the site that represent an important visual amenity to the surrounding area (Policy 39 of the adopted UDP refers).

17) All soft landscape works shall be completed in full accordance with the Approved Plan Drwg No. 319.112 (Planting Proposals Plan), within the first planting season following completion of the development hereby approved, or in accordance with a programme agreed with the Local Planning Authority.

18) Any trees, shrubs or hedges as shown on the Approved Plan Drwg No.319.112 (Planting Proposals Plan) that die, are removed, become seriously damaged or diseased within 5 years of planting shall be replaced within the next planting season by trees, shrubs or hedging plants of similar size and species to those originally required to be planted.

19) The development shall be carried out in compliance with ‘Secure by Design’.

Reason: To ensure that the safety of the users of Emma Cons Gardens is not compromised (Policy 32 of the UDP refers).

20) Details of a maintenance regime ensuring that a visual permeability is kept of the development hereby permitted shall be submitted to and approved by the LPA in writing prior to the use commencing.

Reason: To ensure that the safety of the users of Emma Cons Gardens is not compromised (Policy 32 of the UDP refers).

21) Refuse storage facilities for the outdoor eating area hereby permitted shall be provided in accordance with the requirements of the London Borough of Lambeth's 'Waste and Recycling Storage and Collection Requirements: Guidance for Architects and Developers' (May 2006) prior to the residential occupation of the building and shall thereafter be retained as such for the duration of the permitted use, unless the prior written approval is obtained from the Local Planning Authority for any variations.

Reason: To ensure that adequate provision is made for the storage of refuse on the site, in the interests of the amenities of the area (Policies 9, 17, 32 and 56 of the Unitary Development Plan (2007) refer)

Informative(s)

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 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.

.3 Your attention is drawn to condition 14 of this planning consent. Please contact the Council Crime Prevention Officer: -

Robert Harrison PC 342 LX Lambeth Partnership CPDA M 07786 062 970

.4 Please note that condition 3 is a pre-start condition. Failure to fully implement these condition would result in the entire development being unauthorized and therefore may be subject to enforcement action .5 You are advised that the placing of tables and chairs as an external seating area for the Waterloo Brasserie should not take place until the applicant has entered into a lease for the entire site with the Council as land owner. The lease would contain full maintenance obligations over the entire site, including the open space and the terms of the lease would be approved by the Council before being entered into.

Summary of the 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 of the UDP (2007) were relevant:

Policy 3: The Centre London Activities Zone Policy 4: Town Centre and Community Regeneration Policy 7: Protection of Residential Amenity Policy 9: Transport Impact Policy 29: The Evening and Late Night Economy, Food and Drinks and Amusement Centre Uses Policy 32: Community Safety/Designing out Crime Policy 33: Building Scale and Design

Policy 36: Alterations & Extensions. Policy 38: Design in existing residential/mixed use areas Policy 39: Streetscape, landscape and public realm design Policy 45: Listed Buildings Policy 47: Conservation Area Policy 50: Open space and sports facilities Policy 54: Pollution, Public Health and Safety Policy 57: Planning Obligation Policy 79: Waterloo Development Framework

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