ADDRESS: Streatham Common Depot, London, SW16

ADDRESS: Streatham Common Depot, London, SW16 Application Number: 17/05323/RG3 Case Officer: Emily Leighton Ward: Streatham South Date Received: 02.11.2017 Proposal: Change of use of ancillary office (11sqm) within the existing building, to provide a café kiosk (use class A3; 9sqm), including the installation of new serving windows, security shutter and canopy, along with the associated relocation within the building of existing office function and a reduction in storage capacity

Drawing numbers: 200; 205; 206; Shutter Proposals – 3D Views Documents: Application Form; Design and Access Statement 1436/20.10.17/Rev._; Email stream dated 6th February 2018

RECOMMENDATION: Grant Conditional Planning Permission Applicant: Agent: Ms Caroline Streeks Mr Christopher Moore London Borough of Lambeth Pace Jefford Moore Architects llp 4th Floor Blue Star House PJMA 234-244 Stockwell Road 16 Hampden Gurney Street London W1H 5AL United Kingdom

SITE DESIGNATIONS

Relevant site designations: Conservation Area - CA43 : Streatham Common Conservation Area Metropolitan Open Land – Streatham Common Borough SINC – Streatham Common Roman Road Archaeological Priority Area Local View Designation – Streatham Common to Rosehill, Pollards Hill and Morden

LAND USE DETAILS

Site area 215.05sqm

Use Class Use Description Existing D2 Streatham Common Depot Proposed D2 Streatham Common Depot A3 Kiosk

EXECUTIVE SUMMARY

The application seeks full planning permission to reduce the existing office and storage space used by the Streatham Common maintenance staff, to allow for the introduction of a café kiosk (use class A3).

The application has been fully assessed against national, regional and local policies and Officers are of the opinion that the application is in general compliance with the relevant policies. The proposed new kiosk would be acceptable, subject to the proposed conditions set out in the report.

OFFICER’S REPORT

Reason for referral to PAC: The application is reported to the Planning Applications Committee in accordance with section 5 of the Committee’s terms of reference due to the application made by the Council for development of land in its ownership that the Council intends to dispose of to a third party.

1 SITE AND SURROUNDINGS

1.1 The Streatham Common Depot is located at the bottom of Streatham Common, adjacent to Streatham High Road (A23) and opposite the junction with Greyhound Lane. The depot itself is situated next to an existing playground. The opposite side of Streatham High Road houses a mixture of retail/commercial, residential and a public house (Streatham High Road/Greyhound Lane Local Centre).

1.2 A complex consisting of a single storey Edwardian brick park keeper’s lodge and public toilets with hipped plain tiled roof adjacent to the paddling pool and play area on Streatham Common, in close proximity to Streatham High Road. The site of the Lower Pond, a watering hole for grazing livestock, used for sailing model boats as well as paddling and swimming; this deep pond was filled in in 1939 and laid out as a concrete paddling pool.

1.3 Streatham Common is the heart of the Streatham Common Conservation Area, an eclectic mix of historic housing lining the perimeter of this historic open space; it illustrates the piecemeal suburban development of Streatham as London expanded in the late 19th and early 20th centuries. Vestiges of its semi-rural past sit alongside suburbia; combined with the unique amenities of Streatham Common and the Rookery (along with the adjoining Norwood Grove, Croydon) gives the locality its unique landscape character and identity.

1.4 Streatham Common is designated at Metropolitan Open Land and is also a Site of Borough Nature Conservation Importance.

1.5 The site is located within the Streatham Conservation Area, but the building is not listed.

1.6 Streatham Common is subject to a Local Views designation under Policy Q25 (from Streatham Common to Rosehill, Pollards Hill and Morden).

1.7 The application site is located in Flood Zone 1.

1.8 The application site is located within the Roman Road Archaeological Priority Area.

Figure 1: Site context – location within Streatham Common (red line).

Figure 2: Site context overlaid on aerial photograph – location of depot outlined in red.

2 PROPOSAL

2.1 The applicant has submitted a planning application seeking the creation of a café kiosk within the existing depot building. The existing depot has an internal floor area of 33.85sqm and is currently accommodates an office space (11sqm), toilet (4sqm) and storage space (17sqm).

2.2 The proposed café would be housed within the existing building footprint; it would involve the conversion of the existing 11sqm ancillary office and is proposed to have a floor area of 9sqm. The existing facilities within the building will still be accommodated however, with the following floor areas: office space (7sqm), toilet (4sqm) and storage (8sqm).

Figure 3: Existing floor plan (left) and proposed floor plan (right).

2.3 The proposed café would have kitchen facilities within the existing building which will allow for the preparation of lunches, coffee and refreshments. The café kiosk will be operated by a third party, with up to 2 staff members.

2.4 The applicant is proposing alterations to the fenestration of the host building as follows:

South Elevation

 Introduction of a 1.97m x 1.31m sliding kiosk window, situated 750mm above ground level;

 Laser-cut patterned, galvanised steel shutter (dimensions: (side leaf: 2.4m x 1.9m, canopy leaf: 2.4m x 1.4m).

North Elevation  Replace existing 1.14m x 1.04m window;

 Infill existing double door area (3.10m x 1.99m) – insert new single door (910mm x 2.15m) and window (1.04m x 1.13m) in this location;

 Insertion of new double doors measuring 2.51m x 1.93m.

Figure 4: Existing north elevation.

Figure 5: Proposed north elevation.

Figure 6: Existing south elevation.

Figure 7: Proposed south elevation.

2.5 No building works are proposed outside of the existing building footprint. Existing seating and tables serving the playground will be utilised for the use of patrons of the proposed facility.

2.6 Delivery to the site will be undertaken by a small van, 1-3 times per week. No parking is proposed or provided for the proposal.

3 RELEVANT PLANNING HISTORY

3.1 There is no relevant planning history for the Streatham Common Depot.

4 CONSULTATIONS

4.1 Statutory Consultees

4.1.1 Streatham Society – No response

4.1.2 Streatham Action – No response

4.1.3 Friends of Palace Road Nature Gardens – No response

4.1.4 Friends of Streatham Common – No response

4.1.5 Design Out Crime Officer/MET Police – The application has been reviewed from a crime prevention perspective, and it is recommended ensuring the steel shutter is secure, robust and fit for purpose. A Secure by Design condition will not be sought in this instance as the grill that is planned appears to be a bespoke item and SBD do not currently have a standard for it.

4.1.6 TFL Road Network – Comment. No objection to the proposal subject to informatives.

4.2 Internal Consultees

4.2.1 Transport/Highways – Site has PTAL level of 6a (excellent). Would like to see details of existing and proposed servicing provisions, proposed hours of operation and cycle parking.

4.2.2 Urban Design – Comments received stating that there were no concerns with the design of the proposal, subject to conditions around design.

4.2.3 Parks and Open Spaces Officer – No objections to the proposal. The proposal would not impact on the management of the SINC or Metropolitan Open Land.

4.3 Adjoining owners/occupiers

4.3.1 Letters were sent to the occupiers of 111 neighbouring properties on 10.01.2018, and the consultation period ended on 31.01.2018. A site notice was posted at the site on 12.01.2018. 5 objections to the proposal were received and summarised within the following table.

4.3.2 Neighbour representation

SUMMARY OF RESPONSE REPRESENTATION Business Impacts Too many catering outlets/ This matter is not a material planning consideration. restaurants/ supermarkets in close proximity to the site – will impact on these businesses.

Unfair for another food business to be located in the area.

Community Safety Will result in more ‘drunks and The MET Police have been consulted on this application drug users’ sitting around the café, and have not raised this issue as a concern. even when the café is closed. Shortage of police in the area to patrol this behaviour.

4.3.3 Should any comments be received prior to the Planning Applications Committee meeting, these will be reported in an addendum to this report.

5 POLICIES

5.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning decisions to be made in accordance with the development plan unless material considerations indicate otherwise.

5.2 The development plan in Lambeth is the Lambeth Local Plan (2015) and the London Plan (MALP).

5.3 The National Planning Policy Framework was published in 2012. This document sets out the Government’s planning policies for England including the presumption in favour of sustainable development and is a material consideration in the determination of all applications.

5.4 It is noted that the application site is designated as Metropolitan Open Land. As such, the proposal is required to be assessed against Policy 7.17 of the London Plan or paragraphs 79-92 of the NPPF in this instance.

5.5 The current planning application has been considered against all relevant national, regional and local planning policies as well as any relevant guidance. Set out below are those policies most relevant to the application, however, consideration is made against the development plan as a whole.

The London Plan (2016) (MALP) Policy 1.1 Delivering the Strategic Vision and Objectives for London Policy 3.6 Children and young people’s play and informal recreation Policy 3.16 Protection and enhancement of social infrastructure Policy 4.1 Developing London’s economy Policy 6.1 Strategic approach Policy 6.10 Walking Policy 7.3 Designing out crime Policy 7.4 Local Character Policy 7.5 Public realm Policy 7.8 Heritage Assets and Archaeology Policy 7.17 Metropolitan Open Land Policy 7.19 Biodiversity and access to nature

Lambeth Local Plan (2015) Policy D1 Delivering and monitoring Policy ED7 Evening economy and food and drink uses Policy EN1 Open space and biodiversity Policy Q2 Amenity Policy Q3 Community safety Policy Q5 Local distinctiveness Policy Q6 Urban design: public realm Policy Q8 Design Quality: Construction detailing Policy Q11 Building Alterations and Extensions Policy Q22 Conservation Areas Policy Q25 Views Policy S2 New or improved community premises Policy T1 Sustainable Travel Policy T2 Walking Policy T3 Cycling Policy T6 Assessing impacts of development on transport capacity Policy T7 Parking Policy T8 Servicing Policy PN4 Streatham

6 ASSESSMENT

6.1 Land Use and Principle of Change of Use

6.1.1 Policy EN1 of the Lambeth Local Plan (2015) states that the Council will meet requirements for open space by protecting and maintaining open spaces and their function. Development which would involve the loss of existing public or private open space will not be supported unless the following tests are met: (i) Replacement open space of equivalent or better quality and quantity is provided within a suitable location in the local area; (ii) In the case of housing estate amenity areas, significant regeneration and community benefits would be achieved that could not be achieved in any other way, appropriate compensatory provision for the loss of open space is made, including improvements to the quality of the remaining open space; (iii) It is for the provision of facilities directly related to the use of open space including ecology centres, indoor sports facilities, changing rooms, toilets or cafes as long as these are appropriate in scale and form to the size and character of the open space and acceptable in terms of impact on openness and so not harm the function and operation of the open space.

6.1.2 Policy 7.17 of the London Plan states that the strongest protection should be given to London's Metropolitan Open Land and inappropriate development refused, except in very special circumstances, giving the same level of protection as in the Green Belt. Paragraph 7.56 of the London Plan notes that the policy guidance of paragraphs 79- 92 of the NPPF on Green Belts applies equally to Metropolitan Land.

6.1.3 Paragraph 89 of the NPPF states that a local planning authority should regard the construction of new buildings as inappropriate in the Green Belt but notes that one of the exceptions to this is 'the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the building'.

6.1.4 The application site is designated as Metropolitan Open Land. With regard to the proposed alterations to the depot building it is considered that these changes would not result in a departure from the development plan as the proposals comprise an appropriate form of development; would not result in an increase to the building footprint, and would maintain the openness of the Metropolitan Open Land. As such the proposal would be in accordance with Policy EN1(iii) of the Lambeth Local Plan (2015) and Policy 7.17 of the London Plan.

6.1.5 Policy S2 of the Lambeth Local Plan (2015) states that proposals for new or improved premises for recreation and community uses will be supported where:

(i) the site or buildings are appropriate for their intended use and accessible to the community; and (ii) the location, nature and scale of the proposal, including hours of operation, do not unacceptably harm the amenities of the area through noise, disturbance, traffic generation, congestion, local parking or negative impacts on road safety; and (iv) buildings and facilities are designed to be flexible, adaptable and sited to maximise shared community use of premises, where practical.

6.1.6 The proposal would result in the building being partly retained for the use of the Streatham Common Maintenance crew, whilst sharing the space with the café facility. The café kiosk would have the benefit of bringing more users to the park. The proposed uses are of an appropriate size and scale for the building. Noise, disturbance, traffic impacts will be addressed within the remainder of the report.

6.1.7 Policy ED7(b) of the Lambeth Local Plan (2015) states that evening and food and drink uses will not be supported where this would cause unacceptable harm to community safety or the amenity of the neighbouring residential areas and sensitive uses as a result of: (i) Noise (ii) Litter (iii) Visual intrusion arising from service plant such as ventilation and air conditioning equipment; (iv) Size and scale of the proposal; (v) Impact of delivery vehicles/services; (vi) Traffic generation and impact on traffic flow and road safety.

6.1.8 In light of the above discussion, the proposed A3 use would at the site would be appropriate and would accord with the aims and intentions of Policies EN1 and S2 of the Lambeth Local Plan (2015) and Policy 7.17 of the London Plan and the NPPF.

6.2 Hours of Operation

6.2.1 The applicant has noted that there will be no external lighting proposed for the café kiosk and as such is proposing hours around dawn and dusk times to coincide with natural light.

6.2.2 The applicant is proposing the following opening hours:  Monday – Sunday: 8am to 4pm September – May (during autumn/winter/spring months)  Monday – Sunday: 8am to 6pm June to August (summer months)

6.2.3 The applicant is proposing 15 events per year where the opening hours are extended from 8am to 9pm in order to support specific events on the common. No details have been provided regarding these events and when they are likely to occur throughout the year. It is reasonable to allow for an extended opening time until 11pm on these days. The ability of the café kiosk to be open to support events on Streatham Common is supported and would accord with Policy S2 of the Lambeth Local Plan (2015) and the condition will restrict the 15 events to any 12 month period.

6.3 Design

6.3.1 Paragraph 129 of the National Planning Policy Framework requires Local Authorities to ‘identify and assess the particular significance of any heritage asset that may be affected by a proposal (including by development affecting the setting of a heritage asset) taking account of the available evidence and any necessary expertise. They should take this assessment into account when considering the impact of a proposal on a heritage asset, to avoid or minimise conflict between the heritage asset’s conservation and any aspect of the proposal’.

6.3.2 Policy Q5 of the Lambeth Local Plan (2015) states that local distinctiveness should be sustained and reinforced through new development. Development will be supported when design is a response to positive aspects of the local context and historic character.

6.3.3 Policy Q6 of the Lambeth Local Plan (2015) states that the Council supports new development that provides the most effective use of the site (in the context of the proposed use), is attractive, improved legibility, permeability ad convenient access via direct routes for all users.

6.3.3 Policy Q8 of the Lambeth Local Plan (2015) states that proposed building designs should be buildable and visually attractive.

6.3.4 Policy Q11(a) of the Council's Local Plan (2015) states that the Council will generally expect proposals to have a design which positively responds to the original architecture, roof form, detailing, fenestration of other locally distinct forms.

6.3.5 Policy Q11 states that ‘when considering proposals for alteration or extensions of buildings the council will generally expect:

(i) To have a design which positively responds to the original architecture, roof form, detailing, fenestration (including design, materials and means of opening) of the host building and other locally distinct forms (such as group characteristics); such features should be respected, retained and where necessary on heritage assets authentically reproduced.

6.3.6 Policy Q22 of the Lambeth Local Plan (2015) states that development in Conservation Areas should preserve and enhance the character and appearance of conservation areas.

6.3.7 Lambeth’s SPD Building Alterations and Extensions (2015) provides guidance on the application of Policy Q11 to proposals for alterations to existing buildings.

6.3.8 The proposed alteration of the doors and windows on the northern elevation are acceptable and would still allow for the use and storage for the maintenance staff of Streatham Common. The size, fenestration and opening style of the windows on this elevation will match that of the existing. It would therefore not affect the character of the host building. It is noted that the Conservation Officer has no objection to these changes provided that the fenestration is timber, uses a darker, more sympathetic paint and the detailing is conditioned. These aspects are acceptable to condition and will be placed on the decision notice.

6.3.9 The introduction of the sliding kiosk window, steel shutter and canopy are also acceptable additions to the southern elevation. The Conservation Officer has requested that a condition be added to the decision notice requiring that details of the proposed colour be submitted for approval. This is acceptable and will be added to the decision notice.

6.3.10 Overall, the proposed additions and alterations to the existing building are acceptable, and would not cause harm to the character and appearance, nor the setting of, the Streatham Common Conservation Area. Nor would it affect the openness of the Metropolitan Open Land and the proposed development would therefore accord with the relevant policies of the Lambeth Local Plan (2015) and the Building Alterations and Extensions SPD 2015.

6.3.11 It is noted that no signage has been proposed for the café kiosk. Any future proposal for advertisements or signage would require advertisement consent.

6.4 Community Safety/Designing Out Crime

6.4.1 Policy Q3 of the Lambeth Local Plan (2015) states that the Council will expect development to utilise good design and to design out opportunistic crime, anti-social behaviour and fear of crime in a site specific manner.

6.4.2 One of the objectors raised concerns that the proposed café would result in an increase in drug and alcohol users at the site. It is noted that the application has been reviewed by the Met Police who have not raised anti-social behaviour in this area as an issue. As such, the proposal is unlikely to attract or create anti-social behaviours at this site.

6.4.3 The change of use to provide a café involves only minor physical alterations (i.e. the installation of additional glazing, change to locations of doors, introduction of a security shutter). The applicant has advised that the shutter will be secured out-of-hours using a protected padlock. In its open position, the shutter will be secured using a drop bolt into the ground from the side pivoting leaf, with the overhead canopy supported on gas struts and a locating pin to keep this propped above the side leaf.

6.4.4 The Met Police have recommended that the steel shutter is secure, robust and fit for purpose. Further details of how the shutter will be secured when the kiosk is not in use can be submitted via a pre-commencement condition.

6.4.5 Overall, it is considered that the proposed design would accord with Policies Q3, Q6 and S2 of the Lambeth Local Plan (2015).

6.5 Biodiversity and Open Space

6.5.1 Policy EN1 of the Lambeth Local Plan (2015) states that the Council will protect and maintain open spaces and their function. The Council will prevent development which will result in a loss, reduction in area or significant harm to the conservation or biodiversity value of an open space unless adequate mitigation or compensatory measures are included appropriate to the nature conservation of the assets involved.

6.5.2 The proposal would not result in any loss of trees/vegetation, nor would it result in the introduction of any outdoor seating/tables encroaching into the Metropolitan Open Land.

6.5.3 The application was notified to the Parks and Open Spaces team for comment. The Team advised that the proposed changes/additions would not adversely impact on their management and maintenance of Stratham Common. Furthermore, the proposal would not impact upon the management of the Streatham Common Borough Site of Importance for Nature Conservation (SINC) or on the status of the Common as Metropolitan Open Land. As such, the proposal would accord with Policy EN1 of the Lambeth Local Plan (2015) and Policies 7.17 and 7.56 of the London Plan and the NPPF.

6.6 Transport and Accessibility

6.6.1 Policy T1 of the Lambeth Local Plan (2015) states that the Council will promote a sustainable pattern of development in the Borough, minimising the need to travel and reducing dependence on the private car.

6.6.2 Policy T2 of the Lambeth Local Plan (2015) states that development should improve conditions for pedestrians and make walking a safer, quicker, more direct form of travel.

6.6.3 Policy T3 of the Lambeth Local Plan (2015) requires development to provide cycle parking in accordance with London Plan requirements. Secure storage with horizontal stands is required. As the application is providing a house with more than 1 bedroom, 2 cycle parking spaces are required.

6.6.4 Policies T6 and T7 of the Lambeth Local Plan (2015) seek to prevent development from having an unacceptable impact on the operation and safety of the local transport network.

6.6.5 Policy T8 Lambeth Local Plan (2015) states that new development will be permitted where adequate provision is made for servicing appropriate to the scale, form and location of the proposed development, including provision for commercial vehicles, ensuring that it is appropriate and acceptable in terms of impact on amenity of adjacent properties and road and traffic conditions of the location.

Parking

6.6.6 The application site is located in an area of ‘excellent’ public transport with a PTAL level of 6b. Employees and visitors to the site and café kiosk benefit from excellent availability of public transport services and given the excellent PTAL the proposal needs to be car free. The applicant has not proposed car parking for this proposal which is acceptable.

Cycle parking

6.6.7 The Council’s Transport Officer has stated that whilst cycle parking is not necessary, some cycle parking provision should be provided. The site is located adjacent to a playground area which is served by at least 4 Sheffield stands, approximately 10m from the cake kiosk serving window. These stands would be able to service both the playground and the café kiosk. The applicant has stated that the employees of the café kiosk will be able to park their cycles in the storage area of the building. This is acceptable and furthermore, would be in accordance with Table 6.3 of the London Plan which requires 1 cycle park per 100sqm.

Figure 8: Minimum cycle parking standards for A3 use as shown in Table 6.3 of the London Plan (2016).

Servicing (including refuse/recycling) 6.6.8 The applicant has stated that the tenant anticipates that servicing of the café kiosk would be undertaken 1-3 times per week and would utilise a small delivery van. The Council’s Transport Officer has noted that service and delivery vehicles cannot drive over footways or stop on the adjacent TFL owned ‘Red Route’. It is noted that TFL have no objection to the application. The applicant has stated that the depot buildings and the surrounding common land use are currently serviced via the entrances at Streatham High Road and Streatham Common South. The applicant has also submitted a plan of the proposed servicing route and has further stated that ‘vehicles will access and exit through this route. They will follow the protocol for vehicles operating on common land, travelling at 5 miles per hour with hazard lights on’.

6.6.9 With regard to refuse/recycling and the matter of the removal of trade waste, the applicant has stated that ‘this would be by return trip from drop offs back to the Rookery Cafe to avoid the requirement for a commercial waste collector to access the Common, so under our operation the kiosk itself would be zero waste within the Common. However, if this operator is not in place in the future, arrangements would need to be made for refuse collection through a commercial waste service. Access could be gained by Streatham High Road or Streatham Common South’.

6.6.10 The above information is considered to be satisfactory, and the proposed servicing and delivery management information will be secured by condition. As such, the proposed development would accord with the requirements of Policies T6, T7 and T8 of the Lambeth Local Plan (2015).

6.7 Amenity Impacts

6.7.1 Policy Q2 of the Lambeth Local Plan (2015) states that development will be supported if it does not unacceptably compromise visual amenity from adjoining sites and the public realm, acceptable standards of privacy and outlook are provided, avoiding any undue sense of enclosure or unacceptable levels of overlooking, and there would be no unacceptable impacts with regard to loss of sunlight and daylight, and noise.

6.7.2 Policy ED7 (b) of the Lambeth Local Plan (2015) states that food and drink uses will not be supported where this would cause unacceptable harm to community safety or the amenity of neighbouring residential area as a result of noise, litter, size and scale of the proposal, operating hours.

6.7.3 Policy S2(a)(ii) of the Lambeth Local Plan (2015) states that proposals will be supported where the location, nature and scale of the proposal, including hours of operation, do not unacceptably harm the amenities of the area through noise, disturbance, traffic generation, congestion, local parking or negative impacts on road safety.

6.7.8 The closest residential properties are located 46m away, on the opposite side of the A23 Streatham High Road. As such, the proposal would not have a detrimental impact the amenities of the closest residential occupiers. The introduction of opening hours would help to restrict any objectionable noise that may occur from the introduction of the café kiosk use at this site. A condition surrounding opening hours and noise will be added to the decision notice.

6.7.9 Overall, the proposal would accord with the requirements of Policies ED7, S2 and Q2 of the Lambeth Local Plan (2015).

6.8 Local Views

6.8.1 Policy Q25 of the Lambeth Local Plan (2015) states that the Council will resist harm to the significance of strategic views and will maintain a list of views of local interest and seek to protect their composition and character from harm.

6.8.2 Whilst it is noted that the application site is located in an area covered by a local views designation from Streatham Common to Rosehill, Pollards Hill and Morden, it is considered that the introduction of an A3 café kiosk would not restrict the views in this area due to the use being located within an existing building and the height of the building not being increased.

7 CONCLUSION

7.1 It is considered that the proposed café kiosk (Use Class A3), subject to the recommended conditions set out below, would not result in an unacceptable impacts to Streatham Common or the surrounding residential properties. Subject to the conditions set out below, the proposed development would be in general accordance with the London Plan (2015) and the Lambeth Local Plan (2015).

7.2 The proposed alterations and additions to the depot building are considered acceptable and are in accordance with the Lambeth Local Plan (2015) and the Building Alterations and Extensions SPD.

8 EQUALITY DUTY AND HUMAN RIGHTS

8.1 In line with the Public Sector Equality Duty the Council must have due regard to the need to eliminate discrimination and advance equality of opportunity, as set out in section 149 of the Equality Act 2010. In making this recommendation, regard has been given to the Public Sector Equality Duty and the relevant protected characteristics (age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation).

8.2 In line with the Human Rights Act 1998, it is unlawful for a public authority to act in a way which is incompatible with a Convention right, as per the European Convention on Human Rights. The human rights impact have been considered, with particular reference to Article 1 of the First Protocol (Protection of property), Article 8 (Right to respect for private and family life) and Article 14 (Prohibition of discrimination) of the Convention.

8.3 The Human Rights Act 1998 does not impair the right of the state to make decisions and enforce laws as deemed necessary in the public interest. The recommendation is considered appropriate in upholding the Council's adopted and emerging policies and is not outweighed by any engaged rights.

9 RECOMMENDATION 9.1 Resolve to grant planning permission, subject to conditions.

1) Agree to delegate authority to the Director of Planning, Transport and Development to:

Finalise the recommended conditions as set out in this report including such refinements, amendments, additions and/or deletions as the Director of Planning and Development considers reasonably necessary.

Conditions and Reasons

1 The development to which this permission relates must be begun not later than the expiration of three years beginning from the date of this decision notice.

Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 and Section 51 of the Planning and Compulsory Purchase Act 2004.

2 The development hereby permitted shall be carried out in accordance with the approved plans listed in this notice.

Reason: For the avoidance of doubt and in the interests of proper planning.

3 The proposed use hereby permitted shall only be open to the public between the following hours: Monday – Sunday: 8am to 4pm September to May (during winter months) Monday – Sunday: 8am to 6pm June to August (summer months) With the exception of 15 occasions within any given 12 month period whereby the café kiosk use may be open to the public from 8am until 11pm hours.

Reason: To ensure that no nuisance or disturbance is caused to the detriment of the amenities of residential occupiers or of the area generally (Policies Q2 and ED7 of the Local Plan (2015) and Policy 7.15 of the London Plan MALP (2015)).

4 Prior to the commencement of development the colour of the proposed shutter, proposed doors and canopy above the café kiosk window is to be submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out solely in accordance with the approved details.

Reason: Development must not commence before this condition is discharged to ensure that the external appearance of the building is satisfactory so as to safeguard and enhance the visual amenities of the locality and Streatham Common Conservation Area (Policies Q11 and Q22 of the Lambeth Local Plan).

5 Notwithstanding the approved plans, no development works shall take place until detailed drawings (1:20 scale elevations and larger scale 1:5 or 1:2 detailed cross sections) of the proposed windows and doors have been submitted to and approved in writing by the Local Planning Authority and this condition shall apply notwithstanding any indications as to these matters which have been given in the application.

The development shall thereafter be carried out solely in accordance with the approved details.

6 Notwithstanding the approved plans, no development works shall take place until drawings detailing how the proposed shutter screen will be secured have been submitted to and approved in writing by the Local Planning Authority and this condition shall apply notwithstanding any indications as to these matters which have been given in the application.

The development shall thereafter be carried out solely in accordance with the approved details.

Reason: Development must not commence before this condition is discharged to ensure that the shutter can be fully secured (Policy Q3 of the Lambeth Local Plan).

6 Noise from any mechanical equipment or building services plant, as measured in accordance with BS4142: 2014, shall not exceed the background noise level L90B(A) 15 minutes, when measured outside the window of the nearest noise sensitive or residential premises.

Reason: To protect the amenities of adjoining residential occupiers and the surrounding area (Policy Q2 of the Lambeth Local Plan (2015)).

7 All new external and internal works and finishes and works of making good to the retained fabric, shall match the existing adjacent work with regard to the methods used and to material, colour, texture and profile, unless shown otherwise on the drawings or other documentation hereby approved.

Reason: To ensure that the appearance of the building is satisfactory and that it preserves the character and appearance of the Stratham Common Conservation Area (Policies Q11 and Q22 of the Lambeth Local Plan (2015)).

8 No external plant or flues shall be erected until details of the materials, design and appearance of any external flues or plant have been submitted to and approved in writing by the local planning authority. The use hereby permitted shall not commence until the approved details are fully implemented. The external flues and plant shall thereafter be retained and maintained as approved for the duration of the use in accordance with the approved details.

Reason: To protect the visual amenity of nearby residential occupiers and the Streatham Common Conservation Area (Policies Q2, Q8 and Q11 of the Lambeth Local Plan).

9 Deliveries for, and servicing of, the use hereby permitted shall accord with and adhere to the servicing management information (including Servicing Route Plan) submitted to the Council by the applicant in emails dated 20 and 21 March 2018, respectively. No deviation from the agreed plan shall occur unless otherwise agreed in writing by the Council.

Reason: To avoid obstruction of the surrounding streets and limit the effects of the increase in travel movements within the locality as well as safeguarding public safety and the amenity of the surrounding area (Policies T6, T8 and Q2 of the Lambeth Local Plan (2015)).

10 The use class A3 (café) use hereby approved shall be limited to the area of the building as shown on the approved plan no. 205, and no other part.

Reason: To maintain the existing multifunctional nature of the depot building, and to accord with the aims of Policies ED7 and S2 of the Lambeth Local Plan (2015).

INFORMATIVES

1) This decision letter does not convey an approval or consent which may be required under any enactment, by-law, order or regulation, other than Section 57 of the Town and Country Planning Act 1990.

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

3) Your attention is drawn to the provisions of The Party Wall Act 1996 in relation to the rights of adjoining owners regarding party walls etc. These rights are a matter for civil enforcement and you may wish to consult a surveyor or architect.

4) 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.

5) You are advised of the necessity to consult the Principal Highways Engineer of the Highways team on [email protected] in order to obtain necessary prior approval for undertaking any works within the Public Highway including Scaffold, Temporary/Permanent Crossovers, Oversailing/Undersailing of the Highway, Drainage/Sewer Connections and Repairs on the Highways, Hoarding, Excavations, Temporary Full/Part Road Closures, Craneage Licenses etc. You are advised to contact the Highways team at the earliest possible opportunity.

6) The applicant’s attention is drawn to the comments made by TFL Road Network with regard to their application:

1. The site of the development is on the A23, Streatham High Road, which forms part of the TLRN. TfL is the highway authority for the TLRN, and are therefore concerned about any proposal which may affect the performance and/or safety of the TLRN.

2. It is understood that the proposed development seeks to provide a café within the existing building.

3. The footway and carriageway on the A23, Streatham High Road must not be blocked during the installation of signs. Temporary obstructions during the installation must be kept to a minimum and should not encroach on the clear space needed to provide safe passage for pedestrians or obstruct the flow of traffic on the A23, Streatham High Road.

4. All vehicles associated with the installation must only park/ stop at permitted locations and within the time periods permitted by existing on-street restrictions.

5. No skips or construction materials shall be kept on the footway or carriageway on the TLRN at any time. Should the applicant wish to install scaffolding or a hoarding on the footway whilst undertaking this work, separate licences may be required with TfL, please see, https://www.tfl.gov.uk/info-for/urban-planning- and-construction/highway-licences

7) Your attention is drawn to the necessity to register your food business with the Council's Environmental Health Division, under the Food Premises (Registration) Regulations 1991 before the use commences. Failure to do so may result in prosecution.

8) You are advised to consult the Council's Environmental Health Division with regard to the extraction of fumes from the premises.

9) Any future proposal for advertisements or signage would require advertisement consent.