Firstplan
95 SOUTHGATE ROAD AND REAR OF 93 SOUTHGATE ROAD, LONDON, N1
APPLICATION FOR CHANGE OF USE TO MIXED USE A1 RETAIL AND A3 RESTAURANT
PLANNING, HERITAGE,
DESIGN AND ACCESS STATEMENT
Firstplan Ltd. 25 Floral Street, London WC2E 9DS T:020 7031 8210 F:020 7031 8211 Appeal Ref: LPA Ref: Firstplan Ref: 09057 Date: February 2012
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95 SOUTHGATE ROAD AND REAR OF 93 SOUTHGATE ROAD, LONDON, N1
APPLICATION FOR CHANGE OF USE TO MIXED USE A1 RETAIL A3 RESTAURANT
PLANNING, HERITAGE, DESIGN AND ACCESS STATEMENT
CONTENTS
SECTION 1: INTRODUCTION 1
SECTION 2: RELEVANT BACKGROUND INFORMATION 2
SECTION 3: APPLICATION PROPOSAL 4
SECTION 4: RELEVANT PLANNING CONSIDERATIONS 5
SECTION 5: DESIGN AND ACCESS ISSUES 12
SECTION 6: CONCLUSIONS 13
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SECTION 1: INTRODUCTION
1.1 This planning statement has been prepared by Firstplan in support of a planning application by the Englefield Estate Trust Corporation Ltd, for the change of use from A1 and B1 use to mixed A1 (retail) and A3 (restaurant) use at 95 Southgate Road and rear of 93 Southgate Road with associated external alterations.
1.2 This is a revised scheme following an application for an A3 restaurant use which was refused in December 2011. The application was refused on the basis that the loss of the A1 use was considered to result in a further and unacceptable reduction in the number of retail units within a protected local shopping centre. It was therefore found to affect the long-term viability and vitality of the centre and result in an unacceptable loss of local service provision. The revised scheme seeks to address this reason for refusal by maintaining the A1 use at the front of the unit and providing a restaurant to the rear. Importantly, there will be no loss of A1 floorspace when compared with the previously existing A1 unit.
1.3 The A1 and A3 floospace will be operated together by a new local independent business. It is proposed that the A1 floospace will comprise a wine shop and the A3 use will comprise a pizzaria. The two uses sit well together as they will both be based on high quality food and drink.
1.4 The proposals for the mixed A1 and A3 use will enhance the vitality of Southgate Road, bringing more people to the local centre. A new restaurant has recently opened at 105 – 107 Southgate Road and the De Beauvoir Deli has added to the high quality food offer available in the area. The Englefield Estate are seeking to build on this and create a food orientated destination.
1.5 The relevant background information to the proposal, including a description of the site and surrounding area and relevant planning history is set out in Section 2 of this report. Section 3 describes the proposal in more detail. Section 4 discusses the relevant planning issues. Section 5 considers the design and access issues. Our conclusions are drawn in Section 6.
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SECTION 2: RELEVANT BACKGROUND INFORMATION
a) Site and Surrounding Area
2.1 The site is located along the western side of Southgate Road, a relatively busy street situated on the border of the London Borough of Islington (to the west) and the London Borough of Hackney (to the east).
2.2 No. 95 Southgate Road was previously occupied by Zelda's health food shop (A1) with residential accommodation above, albeit the residential space was vacant for some time. The rear of No.93 Southgate Road previously comprised a largely unused yard area for the Spring Rose Café. Following the granting of planning permission in 2009 and 2011, work has been carried out to develop the permitted studios and the development is now nearing completion.
2.3 Nos. 93 – 111 form a parade of shops, restaurants and services. The area in general contains a mix of commercial and residential uses.
b) Relevant Planning History
i) The Site
2.4 A planning application was refused in December 2011 for change of use to A3 restaurant. This application was refused on the basis that the loss of the A1 use was considered to result in a further and unacceptable reduction in the number of retail units within a protected local shopping centre. It was therefore found to affect the long-term viability and vitality of the centre and result in an unacceptable loss of local service provision. The revised scheme now submitted seeks to address this reason for refusal by maintaining the A1 use at the front of the unit and providing a restaurant to the rear. Importantly, there will be no loss of A1 floorspace when compared with the previously existing A1 unit.
2.5 Planning permission was granted in December 2009 for the erection of part single, part two storey rear extension to provide additional commercial and residential accommodation and two self contained studios in the rear gardens of Nos. 95 – 99 and the conversion of the upper floors of 95 and 97 Southgate Road from two maisonettes to four self-contained flats, new entrance arrangements and alterations
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to the existing shop front at No. 95 Southgate Road with other associated works and minor alterations (P091965).
2.6 Subsequently minor material alterations were approved in August 2011, as follows (P111243):-
a) Changes to Shopfront Design of Units facing onto Southgate Road at ground floor level.
b) Changes to fenestration of Studio 1
c) Changes to residential bin store; and
d) Changes to the height of the proposed extension to number 95 Southgate Road
2.7 At 93 Southgate Road, planning permission for erection of replacement extension to provide store and WCs for café, and erection of B1 studio was granted in February 2011 (P102810).
ii) The Surrounding Area
2.8 Planning permissions for mixed A class uses have previously been granted in Islington. For example, planning permission was granted for change of use from A1 to mixed A1/A3 and new shopfront at 33-35, Exmouth Market in August 2010 (P101105). This proposal was considered by the officers to not be harmful to the viability of the protected shopping centre, and was considered to be compatible with policies S18, S16 and S31 of UDP.
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SECTION 3: APPLICATION PROPOSAL
3.1 The application proposes change of use of the ground floor A1 unit at No.95 and the adjoining permitted B1 units at the rear of Nos.93 and 95 to mixed A1 retail and A3 restaurant use.
3.2 The premises will be occupied by a new local independent business who will operate a wine shop at the front of the shop and a pizzeria at the rear. The people behind this new business are Rosie Wesemann and Harry Davies.
3.3 Rosie Wesemann is a locally born business woman. She was brought up in Mortimer Road in De Beauvoir Town. She currently owns and manages the Scolt Head Pub on Culford Road which is a huge local success, is very popular with all generations in De Beauvoir Town and employees 40 people. She is also a member of the PCC.
3.4 Harry Davies was also born locally in Northchurch Terrace. He is the owner and founder of the De Beauvoir Deli Company, which is situated on the opposite side of Southgate Road and employees 20 people. He is a member of the De Beauvoir Underground which works hard to raise money for the Crypt in St Peter’s Church De Beauvoir and is a renowned and well loved local character.
3.5 The space which is being created by the current works will provide a high quality retail and restaurant space. The front of the unit will provide A1 retail space which will be used as a wine shop. The bar and seating areas for the restaurant will be located to the rear of No.95 and the proposed full height windows at the rear will provide a light airy space. The kitchen will be located in the part of the building to the rear of No.93.
3.6 A separate plant application will be made in due course, however it is anticipated that a flue could be located on the rear wall of 95 Southgate Road as shown on the submitted plans.
3.7 No alterations are proposed to the design of the shopfront, which will be constructed in accordance with the approved plans permitted by planning permission reference P111243. Any signage will be subject to a separate advertisement consent application.
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SECTION 4: RELEVANT PLANNING CONSIDERATIONS
4.1 The main considerations which need to be addressed in assessing this proposal are the principle of the development, the impact on residential amenity and impact on the conservation area. These issues are considered below in the context of relevant planning policy.
4.2 The Islington Core Strategy (2011) and the Islington UDP (2002 as saved) comprise the local statutory development plan. The proposals map identifies the site as falling within the Southgate Road Local Shopping Centre (ref: S34) and the East Canonbury Conservation Area.
4.3 Islington is also producing a Site Allocations DPD and a Development Management DPD, however these have not yet undergone examination, as such they only carry limited weight.
a) Principle of the Development
i) Draft National Planning Policy Framework (July 2011)
4.4 This recently published draft document sets out the Government’s economic, environmental and social planning policies for England. The Planning Inspectorate has confirmed that it is now a material consideration.
4.5 The draft framework highlights the Government’s commitment to sustainable economic growth and emphasises that planning should operate to encourage growth and not act as an impediment.
4.6 The document specifically states that at the heart of the planning system, there is a presumption in favour of sustainable development, which should be seen as a “golden thread” running through both plan-making and decision taking. Following on from this, the document highlights that local planning authorities should plan positively for new development, and approve all individual proposals wherever possible.
4.7 It goes on to state that decision-takers at every level should assume that the default answer to development proposals is “yes”, except where this would compromise the sustainable development principles set out in the framework. Specifically, the document states that:
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“local planning authorities should look for solutions rather than problems so that applications can be approved wherever it is practical to do so.”
ii) PPS4: Planning for Sustainable Economic Growth
4.8 Policy EC4 of PPS4 encourages a diverse range of complementary evening and night-time uses. The policy confirms that local planning authorities should manage the evening and night-time economy in centres, taking account of and complementing the local authority’s Statement of Licensing Policy and the promotion of the licensing objectives under the Licensing Act 2003.
4.9 Policy EC13 confirms that planning applications for the conversion or extensions of shops designed to improve their viability should be considered favourably.
ii) The London Plan (2011)
4.10 The London Plan provides the strategic policies for London. Policy 4.8 seeks to support a successful, competitive and diverse retail sector which promotes sustainable access to the goods and services that Londoners need. Policy 4.10 seeks to support small shops.
4.11 Paragraph 4.36 states that London is a great city for night time entertainment and socialising, with a unique selection of bars, restaurants, performing arts venues, cinemas and night clubs. The Plan recognises that these uses are an important part of London’s economy, and the Mayor encourages a supportive approach to planning these activities in appropriate locations.
iii) Islington Core Strategy and UDP –Retail Policies
4.12 Policy CS14 sets out that Islington will continue to have a strong cultural and community provision with a healthy retail and service economy providing a good range of goods and services.
4.13 The site is located within a Protected Local Shopping Centre which is defined as Nos. 93 - 111. Islington UDP Policy S18 sets out that within a protected shopping centre, planning permission will not normally be granted for a change from retail to non-retail use, (except to a launderette). In judging the acceptability of non-retail uses in these centres the Council will have particular regard to a number of factors.
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4.14 This application is for a revised scheme which proposes a mixed A1 and A3 use. The A1 use will be located at the front of the unit and will comprise 43.1sqm, the proposals therefore do not result in any loss of retail floorspace when compared with the previously existing shop (Zelda’s - as shown on plan STG95/SU/001/H). Whilst this is less than the extended A1 unit permitted in December 2009, this extension has never been put into use and as such there is no loss. The retail function of the premises will be maintained and the services to the public will be enhanced.
4.15 With this in mind, we consider each of the Policy S18 criteria in turn:
i) that the centre has an adequate range of key local shops (as defined in paragraph 8.3.6) and that the loss of a shop would not seriously diminish local shopping facilities;
4.16 Paragraph 8.3.6 confirms that key local shops comprise launderettes, butcher, baker, greengrocer, grocer/supermarket, newsagent/confectioner/tobacconist, chemist, post office, off-licenses, dry cleaners and fishmongers. In the Southgate Road parade there is Presto Mini Market which is an off licence/grocer/ green grocer and Southgate Road chemist. No.95 was previously a health food shop, which is not a key shop. The new A1 floorspace now proposed will add to the convenience retail provision in the parade providing a greater choice of shopping for local residents.
ii) the proposal should be compatible with a local shopping centre. The Council will therefore normally limit the proportion of non-retail units to a maximum of one-third;
4.17 The proposed mixed A1 and A3 use is compatible with the local centre and will build on the success of the new restaurant at No.105 and the De Beauvoir Deli, creating a food destination of independent businesses. It will boost the vitality of the centre, and will continue to provide a retail use at the front of the unit, maintaining the proportion of retail frontage in this parade. The majority of space to be used as the restaurant currently has permission for B1 use.
iii) the impact on the physical environment and whether the use would adversely affect the appearance of the frontage;
4.18 The application scheme will use the recently permitted shopfront design and will not adversely affect the appearance of the frontage.
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iv) the relationship with the uses on the upper floors and the access thereto, and whether the use would adversely affect neighbouring occupiers;
4.19 The upper floors of No.93 and 95 are in residential use which benefit from a separate access from the frontage of the parade. The front part of No. 93 Southgate Road is currently in A3 use and therefore the principle of having residential above A3 uses is established. The new restaurant will be adequately sound proofed, and residential amenity considerations are discussed in later in this Section of the report.
v) the impact of the use of pedestrian and traffic movement;
4.20 It is anticipated that the majority of patrons of the new mixed A1 and A3 use will be local residents who will walk to the restaurant. There are also cycle stands in close proximity to the site and the site is accessible by public transport, including bus stops along Southgate Road and Essex Road Railway Station, which is within walking distance.
4.21 There is no dedicated parking for the permitted retail and B1 uses and no parking is proposed. Servicing will take place from Southgate Road which is the current situation for the businesses in this local shopping centre.
vi) application for restaurants and take-aways will also be subject to policy Env17, which concern noise, pollution and nuisance.”
4.22 The proposed restaurant use will be adequately sound proofed and residential amenity considerations are set out later in this section of the report.
4.23 In conclusion, the mixed A1 and A3 use will complement the centre and will increase the services available to local residents. There is no loss of A1 floorspace when compared with the previously existing unit (Zelda’s) and furthermore the net sales area is greater as much of Zeldas previously comprised ancillary space. Whilst the area is less than the extended retail unit which was permitted in 2009, this larger unit has not yet been implemented.
4.24 With regard to the long term viability of the unit as a mixed A1 and A3 use, the applicant is happy for the split to be conditioned to ensure that the mix of uses is retained. Mixed uses to suit certain occupiers are not uncommon, for example as evidenced by the granting of the consent at 33 – 35 Exmouth Market. A change of
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operators needs can always be considered by a further planning application at a later date and should not be a reason for refusal of this current application.
iv) Islington Core Strategy and UDP Loss of Employment Floorspace
4.25 Core Strategy Policy CS13 sets out that the Council will safeguard existing business spaces throughout the borough by protecting against change of use to non-business uses, particularly in the CAZ. In exceptional circumstances loss of employment floorspace might be acceptable in line with considerations which will be set out in the Development Management Policies.
4.26 Policy E4 of the UDP sets out that the loss of Class B1 uses will not be permitted where:-
“it would involve the loss of premises originally purpose built for industrial or warehousing use and with loading and servicing facilities adequate for the full range of B1 uses;
it would involve the loss of a site which the Council considers to be best suited for the erection of premises capable of being used for the full range of B1 uses on grounds of accessibility, size and location.”
4.27 The permitted B1 studios are small and do not have a frontage directly onto the street, they therefore have a limited range of potential occupiers.
4.28 In response to Core Strategy Policy CS13, the site is not situated within the CAZ and has limited use. PPS4 recognises A3 uses as economic development as they provide employment opportunities and generate wealth. The retail and restaurant use is expected to provide 15 jobs compared which is higher than the jobs that would have been provided in the shop and B1 studios. The use will be operated by an independent local business and will enhance the vitality and viability of the local centre. The staff will be recruited locally and training opportunities will be available.
4.29 It is additionally noted that the loss of employment use was not considered to be a reason for refusal in the last application.
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b) Impact on Residential Amenity
I) Islington UDP
4.30 Policy ENV17 outlines a number of criteria which should be considered within development proposals in order to ensure the protection or enhancement of the surrounding amenities. Part (i) of this Policy seeks to resist proposals which result in an unacceptable level of disturbance, or nuisance such as noise, smell, smoke, air pollution and vibration, resulting directly from the proposal or as a result of traffic generated by the scheme. Part (iii) confirms that planning permissions may be conditioned to ensure that there is an acceptable impact on amenity.
4.31 In response to this, the retail and restaurant will be adequately sound proofed to ensure that there is no impact on the above residential properties in terms of noise.
4.32 The proposed use will be open between 8.00am and 11.30pm. This is similar to the opening hours of the restaurant at 105 Southgate Road and will not cause an undue level of disturbance.
4.33 The application plans show a location for future plant and this will be subject to a separate planning application. Any future plant will be adequately attenuated to ensure that there is an acceptable impact in terms of noise and odour.
4.34 Refuse and recycling storage will be stored internally as shown on plan SGT95/GA/P/001/E.
c) Impact on the Conservation Area – Heritage Statement
i) PPS5: Planning for the Historic Environment
4.35 PPS5 sets out a policy approach to determining applications and to formulating policy affecting heritage assets including conservation areas. Decisions are based on the nature, extent and level of that significance, investigated to a degree proportionate to the importance of the heritage asset. Policy HE7.5 is relevant and states:
“Local planning authorities should take into account the desirability of new development making a positive contribution to the character and local distinctiveness of the historic environment. The
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consideration of design should include scale, height, massing, alignment, materials and use.”
ii) Islington Core Strategy and UDP
4.36 Core Strategy Policy CS9 seeks to conserve and enhance Islington’s heritage assets including its conservation areas.
4.37 Policies D20 - D28 of the UDP deal with new development in conservation areas.
4.38 Policy D20 deals with land use issues in conservation areas. The Policy seeks to maintain the character of the conservation area, in particular states that:
“i) Planning permission will not be given in residential streets for new non-residential uses, or the expansion or intensification of existing non-residential uses, where this would harm the overall residential character of the area;
ii) Within conservation areas with an industrial or commercial character, the Council will encourage a variety and mix of uses, and may require the maintenance or such uses where these exist at ground floor level;
iii) In predominantly residential areas the Council will resist the loss of existing non-residential uses which contribute to the character of the conservation area and where their loss would harm the character of the area”.
4.39 Other policies seek to ensure a high standard of design within conservation areas.
iii) Impact of the proposals on the character of the conservation area
4.40 The mixed use character of Southgate Road including shops and commercial uses is acknowledged by the Council in the East Canonbury Conservation Area Design Guide (Note 23). The proposed retail and restaurant use will be compatible with the other commercial uses in this area and will contribute to the active frontages which characterise this part of Southgate Road.
4.41 Minimal external alterations are proposed and the permitted shopfront will be built out, which has previously been approved. The proposal will both preserve and enhance the character and appearance of the conservation area.
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SECTION 5: DESIGN AND ACCESS ISSUES
a) The Proposed Use
5.1 The application proposes a mixed A1 retail and A3 restaurant use.
b) Scale and Amount
5.2 The floorspace subject to this application measures 153.4sqm. 43.1sqm will be A1 floorspace and 110.3sqm will be A3 floorspace.
c) Layout
5.3 The retail use will be located at the front of the unit and a shop window display will be provided. The bar and seating areas will be laid out at the rear of No.95 and the kitchen will be located to the rear of No.93.
d) Landscaping
5.4 A landscaping scheme was previously approved as part of the 2009 and 2011 planning permissions. There is no additional landscaping proposed.
e) Appearance
5.5 The shopfront will be built in accordance with the 2011 minor material amendments permission and any signage will be subject to a separate advertisement consent application.
5.6 The rear elevation will be subject to very minor alterations to the permitted appearance to include fixing the glazing instead of bi-folding doors.
f) Access
5.7 The site is in a local centre location and easily accessible by a range of public transport options, with Essex Road railway station within walking distance, and numerous bus routes along the nearby A10, towards Islington, Dalston and Hackney, making it a good location for an A3 use.
5.8 The permitted entrance into the building will be retained. A disabled toilet will be provided to be available to customers
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SECTION 6: CONCLUSIONS
6.1 The scheme proposes the change of use of the ground floor of No.95 and the rear of No.93 from A1 (retail) and B1 (office) to A1 (retail) and A3 (restaurant). This is a revised scheme which seeks to overcome the reason for refusal by providing retail use at the front of the unit.
6.2 The premises will be occupied by a new local business and will contribute to the independent local character of the area, enhancing the vitality of the centre. It is proposed to sell wine at the front of the unit and provide a pizzeria to the rear.
6.3 The restaurant will be aimed at local residents and is suitably located close to a range of public transport provision.
6.4 The proposal will not result in any adverse impacts to the amenities of adjoining occupiers.
6.5 The character of this part of the conservation area is varied in terms of uses. Only minor amendments are proposed to the external elevations, and the proposals will both preserve and enhance the character and appearance of the conservation area.
6.6 The proposal represents a suitable use for this unit and will make a positive contribution to the local centre. We therefore trust that favourable consideration can be given to this proposal
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