95 Seven Sisters Rd Final.Pdf

Development Management Service PLANNING COMMITTEE REPORT Planning and Development Division Environment and Regeneration

PLANNING [SUB] COMMITTEE A AGENDA ITEM NO: B5 Date: 6th September 2018 NON-EXEMPT

Application number P2018/0666/FUL Application type Full Planning Application Ward Finsbury Park Listed building No Conservation area No Development Plan Context - Nag’s Head Town Centre - Nags Head & Upper Holloway Rd - Key Core Strategy Key Area - Secondary Retail Frontage - Article 4 Direction A1-A2 (Town Centres) Licensing Implications Yes Site Address 95 Seven Sisters Road, N7 6BU. Proposal Change of use of the ground floor from bank (use class A2) to part restaurant/cafe (use class A3) and part shop/retail (use class A1) including subdivision into four restaurant/cafe units with shared seating area and four shop/retail units; changes to the shop front with internal roller shutter blinds and addition of a skylight on the existing flat roof.

Case Officer Owen Griffiths Applicant Mr Manpreet Singh Agent Mr David Carroll

1. RECOMMENDATION

The Committee is asked to resolve to GRANT planning permission:

1. subject to the conditions set out in Appendix 1;

P-RPT-COM-Main 2. SITE PLAN (site outlined in red)

3. PHOTOS OF SITE/STREET

IMAGE 1: View of Site Showing Junction of Seven Sisters Road and Hornsey Road P-RPT-COM-Main Image 2: Aerial View of Site Showing Junction of Seven Sisters Road and Hornsey Road

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Image 3: View along Hornsey Road

Image 4: Interior of the unit.

P-RPT-COM-Main 4. SUMMARY

4.1 Planning permission is sought for the subdivision and change of use of the ground floor of the site from a Bank (Use Class A2) to 4 x A3 café/restaurant units and 4 x A1 retail units.

4.2 The A3 café/restaurant units will all be internal with a combined ventilation system. The ventilation plant will be housed within the ceiling void and treated ventilation fumes will expel directly onto Seven Sisters Road above head height. This approach, that avoids visible plant on the flat roof, has been agreed with Public Protection subject to conditions on the specifications of the proposed plant that will be installed.

4.3 The A1 retail units will face onto Hornsey Road with access via the internal courtyard seating area. All units will incorporate internal roller shutter blinds. Furthermore, the unit sizes of the A1 and A3 units will vary to provide a suitable retail offer.

4.4 The proposed hours of use are 0900-2200 Monday to Saturday and 1200-2000 on Sundays and Bank Holidays. A new secondary entrance will be installed on Hornsey Road with automatic sliding doors. These doors will be restricted for use only between 1100-2000 on all days to protect the amenities of the residential units above.

4.5 A draft Waste and Servicing Strategy has been provided. A final version will be required by condition 12 which will be discharged prior to operation in consultation with TFL. The draft proposals for delivery and servicing are considered to be acceptable and have been agreed with Waste Services and Transport & Highways

5. SITE AND SURROUNDING

5.1 The site is located on the corner of Seven Sisters Road and Hornsey Road and contains a four storey Victorian style building. The main 4 storey element is accessed via Hornsey Road and a flat roof single storey extends at ground level from the main body of the building along Hornsey Road onto Seven Sisters Road. The site also incorporates an existing basement level.

5.2 The ground floor and basement of the site were last used as a bank (A2 use) but the unit has been vacant for a number of years. However, it is noted that recent internal and external work has occurred to the building and the shopfront has been repainted. The works recently undertaken at the site would not have required planning permission.

5.3 A total11 residential bedsit flats are located on the upper floors, set back from Seven Sisters Road by the flat roof extension at ground floor level with access from Hornsey Road. There is an additional access route to the rear of the property from Sussex Way and adjacent to the Greek Orthodox Church that is situated to the rear of the terrace buildings that front Seven Sisters Road.

5.4 The site is located on the edge, but within, the Nags Head and Upper Holloway Town Centre. The surrounding area is predominately characterised by a mixture of ground floor retail uses with residential dwellings above.

5.5 Seven Sisters Road is operated by TfL which is a busy route served by numerous bus services and there are three tube/rail stations within a 10-minute walk; Finsbury Park, Arsenal and Holloway Road.

P-RPT-COM-Main 6. PROPOSAL (IN DETAIL)

6.1 Planning permission is sought for the change of use and subdivision of the ground floor of the site from a Bank (Use Class A2) to 4 x A3 café/restaurant units and 4 x A1 retail units. Since the application was initially submitted the applicant agreed to remove the proposed office in the basement and instead it would be used as an ancillary storage space in connection with the ground floor units.

6.2 The proposal is to convert the former bank into four A1 units facing onto Hornsey Road and four internal A3 café/restaurant units with associated indoor seating. The A1 retail units range in size from 6sqm to 12sqm and the A3 units range from 5sqm to 11sqm. The rear of the building will contain a customer toilet that is wheelchair accessible and four cycle spaces.

6.3 The new A1/A3 units are proposed to operate during the following hours:

0900-2200 Monday to Saturday

1200-2000 on Sundays and Bank Holidays

6.4 A new shop front is also proposed which will feature aluminium framed sliding doors and refurbished windows. External shutter doors were proposed to the shopfront but the applicant has since agreed to remove them from the proposal and instead internal shutters would be installed with an ‘open weave’.

6.5 The applicant states that the A3 units are intend to operate “on a similar model to the new small cafés in South London markets that have re-invigorated places like Tootings’ and Brixton markets”.

6.6 A new side entrance will be created on Hornsey Road that will provide secondary access to the site. This entrance will be restricted for use only between 11:00 and 20:00 on all days. The main entrance on Seven Sisters Road will be moved from the current corner location to the west of the site and away from Hornsey Road.

Proposed ground and roof floor plan

6.7 Servicing will principally be made from the new entrance on Hornsey Road where there are parking bays in close proximity. Further loading bays are available along Seven Sisters Road. Waste collection will be made from the kerbside along Seven Sisters Road. This is the existing waste collection arrangement for the current retail units along Seven Sisters Road.

P-RPT-COM-Main 6.8 Extract ventilation from the proposed A3 café/restaurant units will be via a joint air duct. This will connect to an extract ventilation system that will be housed within the ceiling void, with the treated ventilation fumes expelling onto Seven Sisters Road above head height. The specification of the ventilation system has been provided and the level of air abatement has been considered as satisfactory by public protection. This situation has avoided ventilation plant machinery being positioned on the existing flat roof and moved the expelled ventilation fumes away from existing residents as far as possible

Revision 1

6.9 The application has been revised as follows:

 The basement is no longer intended for office use and instead will be ancillary storage to the retail units.

 A2 (financial and professional services) use is no longer being applied for.

 The total number of units has been reduced from 13 to 8 to provide a range of unit sizes.

 The ventilation plant has been relocated from previously proposed location on top of the ground floor units roof to being contained within to within the ceiling void with a front facing ventilation.

 Four cycle spaces have been provided.

 Opening hours have been amended and reduced.

7. RELEVANT HISTORY:

7.1 990113: Ground floor extension to No. 95 Seven Sisters Road and change of use of the basement, ground and first floor of No. 167 Hornsey Road to a bank. Approved 10/03/1999

7.2 992606: Erection of ground floor level extension, alterations to shopfront and installation of air conditioning unit. Approved 23/03/2000

7.3 P2016/4589/FUL: Change of use part of the ground floor at the rear from retail (A1) to one self contained residential (2 bed, 4 person) residential unit. Removal of ground floor rear addition and alterations to ground floor rear elevation and landscaping to the rear. Withdrawn 13/02/2017

7.4 P2017/1949/FUL: Change of use of ground floor unit from A2 unit to Betting Shop (Sui Generis). Refused 16/08/2017.

ENFORCEMENT:

7.5 None

PRE-APPLICATION ADVICE:

7.6 None

8. CONSULTATION

Public Consultation

8.2 Letters were sent to occupants of 110 adjoining and nearby properties on. A site notice and press advert were displayed on 19/04/2018. The public consultation of the application therefore expired on 18/05/2018, however it is the Council’s practice to continue to consider representations made up until the date of a decision.

P-RPT-COM-Main 8.3 At the time of the writing of this report a total of 4 responses had been received from the public with regard to the application. The issues raised can be summarised as follows: - Concern with the noise caused from the entry/exit doors being created underneath the residential windows on Hornsey Road. (10.18- 10.22) - Concern regarding food smells entering the residential flats, the building having adequate ventilation and fire safety for our flats above should there be any incidents. (10.16-10.22) - The tiny size of the booths will lead to a further deterioration in the retail offering in Holloway. The ever increasing trend to the use of booths as shop outlets in the locality is creating an atmosphere of a low quality bazaar in the area. The similar offerings in Holloway market about are tawdry and untidy. (10.2-10.7) - The intended use of the booths will do nothing to make Holloway a destination shopping area. There is already an over provision of cafés and food outlets. (10.2-10.7) - The use of roller shutters on the outside is inappropriate and will lead to graffiti quickly, further depressing the area. (10.8- 10.11) - There are no plans relating to the use in the basement level yet there are stairs leading to this area and booths being created there. (The basement is to be used as ancillary storage space for the ground floor uses) - Sliding doors directly onto Hornsey Road will not improve the visual amenity of the area and is inappropriate. (10.21) - The opening hours should be limited to 9am-6pm. (10.7 & 10.16 to 10.22) - Intensification of “booth” type shopping in Holloway needs will lead to an instability for shoppers who never know from one day to the next what is to be found, creating businesses that operate on the margins of the law (food hygiene, product safety, consumer protection and tax-collection) and is invariably chaotic and untidy. (10.2-10.7 & 10.16-10.22) - The external rear area is intended to be turned into a cafe garden area and will effect surrounding occupiers. (8.3 & 10.16-10.22)

8.4 One of the objections received was raised to Jeremy Corbyn MP who requested for the objector’s concerns to be considered when assessing and considering the planning application. The objection related to the rear external space being turned into an outdoor seating area for use by the customers of the internal units. This proposal does not form part of the current application and the site boundary only incorporates a small external area intended for refuse storage. A waste strategy has been included as part of condition 12 to ensure waste stored to the rear of the building does not affect surrounding residents.

8.5 The objector also raised concerns over the ventilation proposals and opening times. These elements are addressed from section 10.16.

8.6 Further concerns from residents have been raised to Cllr Shaikh who has questioned certain elements of the application. These mainly revolve around pedestrian safety as the intensification of the site will create more footfall along the public highway in this area. These issues are addressed in paragraph 10.23.

External Consultees

8.7 TfL: The site of the proposed development is on Seven Sisters Road, which forms part of the Transport for London Road Network (TLRN). TfL is the highway authority for the TLRN, and is therefore concerned about any proposal which may affect the performance and/or safety of the TLRN. Therefore, no skips or construction materials shall be kept on the footway or carriageway on the TLRN at any time.

Cycle parking is addressed from section 10.24

P-RPT-COM-Main Additionally, no Delivery and Servicing Plan (DSP) has been submitted with this application. TfL requests an Outline DSP to be secured by condition and discharged in consultation with TfL.

A draft Waste and Servicing Plan has been submitted with a finalised document required by condition 12 8.8 Town Centre: The Nag's Head Town Centre Management Group (NHTCMG) considered this application at its open town centre meeting on 25 April and supports the change of use proposed. The property is in a key, prominent town centre location on the corner of two busy roads and has been vacant for years. The town centre group has been eager to see the property used in a way that complements the existing town centre offer and has resisted recent planning applications for conversion to residential space and, most recently, to a betting shop as being inappropriate. The NHTCMG feels the current proposal will bring much needed activity and additional footfall to the area and is appropriate to its current Secondary Retail Frontage designation (Development Management Policy DM4.5).

INTERNAL CONSULTEES

8.9 Policy: No objection to the proposal. The Development Plan does not seek to protect the loss of existing A2 space.

8.10 Highways: The footway is roughly 2.2m in width and the SDP guidance asks for a minimum of 2m in busy shopping areas. So, I don't foresee a problem in regards to the pedestrian safety. The stretch of footway outside the site is also relatively clutter free.

8.11 Inclusive Design: The disabled WC should include a 1500mm wheelchair turning circle and that the door should open outwards, as illustrated in BS8300:2009.

8.12 Noise Officer: The proposed usage is likely to be higher sound generating than the previous bank use and with longer hours of operation. There is residential directly above and the separating sound insulation between the ground and first floor will need to be upgraded to minimise the impact. This should be conditioned.

8.13 Environmental Health: The updated ventilation proposals were forwarded to the environmental health officer for comment. These included the specification documents of the proposed system and the officer raised no objections subject to further detailed conditions.

9. RELEVANT POLICIES

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

National Guidance

9.1 The National Planning Policy Framework 2018 seeks to secure positive growth in a way that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

Development Plan

9.2 The Development Plan is comprised of the London Plan 2016, Islington Core Strategy 2011, Development Management Policies 2013, Finsbury Local Plan 2013 and Site Allocations 2013. The policies of the Development Plan are considered relevant to this application and are listed at Appendix 2 to this report.

P-RPT-COM-Main STATUTORY DUTIES

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

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

 To determine the application in accordance with the development plan unless other material considerations indicate otherwise (Section 38(6) of the Planning and Compulsory Purchase Act 2004) (Note: that the relevant Development Plan is the London Plan and Islington’s Local Plan, including adopted Supplementary Planning Guidance.)

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

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

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

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

 Article 1 of the First Protocol: Protection of property. Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.  Article 14: Prohibition of discrimination. The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status.

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

Designations

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

- TC2 Nags Head Town Centre - Core Strategy Key Area 3 - Secondary retail frontage

P-RPT-COM-Main Supplementary Planning Guidance (SPG) / Document (SPD)

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

10. ASSESSMENT

10.1 The main issues arising from this proposal relate to:

 Principle of Use  Design  Accessibility  Neighbouring Amenity  Highways and Transportation  National planning Policy Framework 2018  Other Matters

Land-use

10.2 The application site is in The Nags Head Major Town Centre and therefore Policies CS3, DM4.2, DM4.4 as well as Policy DM5.1 are pertinent to this application.

10.3 Islington Core Strategy Policy CS3 (Nag’s Head and Upper Holloway) seeks to promote a mix of retail opportunities along Seven Sisters Road to provide a better range of shops. Furthermore, Policy CS3 highlights that employment space should be maintained and enhanced and that opportunities for the evening economy within the town centre will be encouraged to complement existing leisure and retail uses.

10.4 Policy DM4.1 states that night-time activities are generally appropriate in Town Centres where they are compatible with other main Town Centre Uses and if there would not be a significant adverse effect on amenity, particularly residential amenity. Within Town Centres Policy DM4.4 seeks to maintain and enhance the retail functions and Policy DM5.1 encourages the intensification, renewal and modernisation of existing business floor space.

10.5 The existing use of the ground floor unit is for a Bank (A2). The unit has been vacant for a number of years. An application was refused in 2017 for the change of use from a bank to a betting shop (sui generis). This was on the basis, inter alia, of an over concentration of such uses in the area and the potential adverse effects on public wellbeing this could cause.

10.6 The application proposals will see the unit being brought back into use after a long period of vacancy. Alternative uses have been applied for but they have been deemed inappropriate, mainly due to an over concentration of such use (Betting Shop). The aforementioned policies seek to retain and enhance retail and employment space and the change of use and intensification of the site into a number of smaller units is compliant with the aspirations of the Core Strategy and the Development Management Policies.

10.7 The effect of the proposals in terms of surrounding residential amenity has been assessed from section 10.16. The development proposes a use that will occur later than the previous use of the site as a bank. Opening hours between 9000 and 2200 Monday to Saturday with reduced hours on Sundays/Bank Holidays. Such hours are comparable to surrounding retail properties that include a pub on the adjacent corner of Hornsey Road and Seven Sisters Road and several restaurants and hot food take away premises in the vicinity of the application site. It is not considered reasonable that the council could refuse the application for overconcentration of restaurant units bearing in mind the long term vacancy of the site and its important inclusion in the surrounding Town Centre. Therefore, it is considered the proposed land use is acceptable and conforms with Policies DM4.1 & DM4.3 & DM4.4.

P-RPT-COM-Main Design

10.8 Policy DM2.1 requires all forms of development to be of high quality, incorporate inclusive design principles and make a positive contribution to the local character and distinctiveness of an area.

10.9 The proposals incorporate minor external alterations to the façade of the building. On Hornsey Road new glazing will be provided to one of the new internal units and a new entrance will be created with automatic glazed doors. The existing window fittings will be fitted with internal roller shutters and a new entrance with electronic sliding doors will be installed towards the northern extent of the application site.

Proposed frontages to Seven Sisters and Hornsey Road.

10.10 The area of the site that fronts Seven Sisters Road is classed as a Secondary Frontage (Map 4.2 Islington’s Development Management Policies 2013). Policy DM 4.5 protects the general retail character of the secondary frontages and Policy DM4.8 states that Secondary Frontages shall provide and retain clear views into and out of shop window(s). Inset entrances on shopfronts should be glazed and well lit to contribute to the attractiveness, safety and vitality of the Town Centre and avoid blank frontages to the street.

10.11 As the frontage onto Seven Sisters Road will incorporate a new glazed entrance into the internal seating area and the Hornsey Road façade includes glazing into the new A1 retail units it is considered that the application is compliant with policies DM4.5 and DM2.1.

10.12 Internally, the unit has been divided up into a number of smaller retail units varying in sizes. The A3 café/restaurant units are positioned towards the west of the site facing internally and the A1 units are towards the east of the site and affront Hornsey Road. All the units will be accessed internally from within the existing unit. Between the two rows of units there is a communal area with benchs seating with a sky light above.

Originally submitted ground floor plan and current amended plan showing larger units overall.

P-RPT-COM-Main 10.13 It is considered that the internal and external alterations to the existing retail unit are satisfactory and comply with the relevant design and Town Centre shop front policies. Any new advertisements for the unit would require separate advertisement consent to be sought from the council.

Accessibility

10.14 The proposed change of use will incorporate the entrance onto Seven Sisters Road being moved west away from the corner with Horsey Road, a new entrance being installed along Horsey Road and an accessible bathroom being fitted within the existing unit.

10.15 To comply with the accessible wheel chair standards both the entrances will require a level entrance and a minimum entrance width of 1000mm. The sliding entrance door onto Seven Sisters Road has a clear width opening of 1.7m and the entrance on Hornsey Road is 2.0m. Furthermore, the accessible bathroom has a 1500mm wheelchair turning circle and it is therefore considered that the development is compliant with the accessible design standards as outlined in Islington’s Inclusive Design SPD. Condition 11 has been included to ensure compliance with Islington’s inclusive Design SPG.

Neighbouring Amenity

10.16 Policies DM4.2, DM 4.3 & DM 2.1 protects the amenity of surrounding residents when night time activities are introduced in Town Centres. Policy 7.14 and 7.15 of the London Plan (2016) seek to address air quality and noise pollution issues.

10.17 There are 11 flats in the residential building above the application site, set back from Seven Sisters Road (165 Hornsey Road). The proposed A3 café/restaurant use has the potential to effect these residents and other upper floor residential occupiers in the vicinity of the application site by way of noise and odours from the ventilation system and further noise from patrons of the retail and café /restaurant and restaurant units.

10.18 The initial design strategy for the ventilation system was to install mechanical ventilation on the flat roof in close proximity to residential windows of 165 Horsey Road. This approach was deemed unsuitable due to the adverse effects on surrounding residential and visual amenity.

10.19 The current ventilation strategy is to house the ventilation system within the ceiling void of the flat roof and for the ventilation fumes to expel directly out onto Seven Sisters Road through a grill to be positioned above head height. The specification of the ventilation has been provided by the applicant and the system is considered to have sufficient odour attenuation capabilities as to not adversely affect the amenity of surrounding residents. (See condition 8)

10.20 A number of noise conditions have been applied to the application to ensure noise from the ventilation system and general noise form the retail units will not affect the amenities of the surrounding residents. The ventilation system is also restricted to use in line with the opening times of the units.

10.21 To further protect residential amenity, the new side entrance on Hornsey Road will be limited for use only between 1100 and 2000 on all days. Furthermore, a compliance condition will be included to ensure the rear external area is used for bin storage only (subject to the details of the DSP – Condition 12). Operational hours have been limited to 900-2200 Monday to Saturday and 1100- 2000 on Sundays and Bank Holidays. (See condition 9)

10.22 It is considered that the application has been amended to ensure that residential amenity is sufficiently protected. The potential for noise disturbance has been mitigated and conditions have been included ensuring noise limits and specifications of insulation and ventilation will not unacceptably disturb surrounding residents. The ventilation system itself will be of a sufficiently high specification to protect the amenities of surrounding residents, occupiers and members of the public in the vicinity of the application site.

P-RPT-COM-Main Highways and Transportation

10.23 Policy DM8.2 requires development to fully mitigate against adverse impacts upon the capacity of transport infrastructure including pavements and other walking routes. The application site has a Public Transport Accessibility Level (PTAL) of 6b which is the best possible rating. The application does not propose any car parking and is serviced by numerous bus routes and tube and rail services are available within a short walk. On street bicycle parking is available within 50m along Seven Sisters Road.

10.24 Policy DM8.4 requires that for A1 retail and A3 café/restaurant use classes cycle parking must be provided at a rate of 1 space per 60sqm (table 6.1). Therefore, the site must supply 4 cycle spaces to comply with policy DM8.4. Four spaces have been provided towards the rear of the site and this requirement will be secured by condition.

10.25 TfL had requested for 3 long-stay spaces and 8 long stay cycle parking spaces to be provided to comply with the London Plan. However, this requirement was based on the office use being provided in the basement. The office use is no longer being proposed and the basement is only for use as ancillary storage for the retail units at ground level. Therefore, the provision of cycle parking is considered to be satisfactory and complies with the policy DM8.4.

10.26 Concerns were raised by councillors regarding the pavement width along Hornsey Road and Seven Sisters Road and intensifying the use of the site may cause safety concerns. Seven Sisters Road is part of Transport for London’s Road Network and is heavily trafficked and used by a number of bus routes. The 91 bus turns left at this corner and concerns were raised over the 91 bus mounting the pavement as it manoeuvres around the corner of the road. Concern was also raised over the possibility of delivery and servicing vehicles (such as Deliveroo bicycles and motorbikes) loitering outside the entrance and congesting the pavement.

10.27 The issue of pavement width was raised to the council’s Highways officer. The pavement along Hornsey Road was assessed as being sufficiently wide (2.2m) as to not be of concern. SPG guidance states pavements should be at least 2m wide in busy shopping areas. The pavement in this location is also relatively clutter free and there is a reduced possibility of loitering along the pavement as all of the units will open internally towards the shared seating area.

10.28 The main entrance to the site has been moved away from the corner with Hornsey Road and it has been confirmed that there will be no open shop windows along Hornsey Road that may encourage the gathering of pedestrians. For these reasons, it is not considered that the proposals will raise sufficient safety concerns to warrant a reason for refusal.

10.29 The application is for 4 x A3 units (Restaurant/Café) and 4x A1 units (Shop/Retail). Hot food takeaway is a separate use class (A5) that is not part of the current application. However, there is the possibility that delivery services may be offered from the A3 units via delivery services such as Deliveroo or Uber Eats. The issue of such delivery drivers loitering outside the premises is something that will require management and the details of this will be included in the Delivery and Servicing Plan (condition 12). Outside the main entrance on Seven Sisters Road the pavement has been widened and so will not affect pedestrian movement if drivers happen to stop here. On Hornsey Road, where the new entrance has reduced hours until 2000, there is sufficient parking and cycle parking in the vicinity.

10.30 Overall, it is considered that the application will have minimal implications for transportation and highways. The concerns that have been raised to date have been alleviated via amendments to the scheme and the required details that will come forward as part of condition 12 – Delivery and Servicing Plan will ensure that the effect of the development on the surrounding highways will be minimal.

P-RPT-COM-Main 11. SUMMARY AND CONCLUSION

Summary

11.1 In terms of land use the development is acceptable and will bring a vacant A2 (financial/professional services) unit back into use increasing employment in the borough.

11.2 The design amendments will incorporate minimal physical changes with positive new shopfronts to the building and inclusive design standards have been incorporated.

11.3 Residential amenity has been protected by the use of conditions. Noise control conditions, both compliance and details, will ensure that noise from the development, including the ventilation system, does not disturb surrounding occupiers. Odour control will be achieved via a suitably specified ventilation system and the hours of operation are controlled as to not disturb residents outside of reasonable hours for a town centre.

11.4 Transport and Highway concerns have been alleviated via amendments to the scheme, whereby all units will open internally, the main entrance door has been relocated and the details that will be provided for condition 12 will ensure the delivery and servicing arrangements are appropriate and fully considered.

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

Conclusion

11.5 It is recommended that planning permission be granted subject to conditions as set out in Appendix 1 - RECOMMENDATIONS.

P-RPT-COM-Main APPENDIX 1 – RECOMMENDATIONS

RECOMMENDATION

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

List of Conditions:

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

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

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

043/EX/002, 043/EX/100, 043/EX/120, 043/PL/200 Rev D, 043/PL/204 Rev C, 043/PL/220 Rev C, Design and Access & Planning Statement (Second Addendum) August 2018, Draft Waste and Servicing Strategy June 2018.

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

3 Sound Insulation

CONDITION: Full particulars and details of a scheme for sound insulation between the proposed ground floor A1/A3 use and first floor residential use of the building shall be submitted to and approved in writing by the Local Planning Authority prior to development commencing.

The sound insulation and noise control measures shall be carried out strictly in accordance with the details so approved, shall be implemented prior to the first occupation of the development hereby approved, shall be maintained as such thereafter and no change therefrom shall take place without the prior written consent of the Local Planning Authority.

Reason: To protect the amenities of neighbouring residents.

4 Plant Noise

CONDITION: The design and installation of new items of fixed plant shall be such that when operating the cumulative noise level LAeq Tr arising from the proposed plant, measured or predicted at 1m from the facade of the nearest noise sensitive premises, shall be a rating level of at least 5dB(A) below the background noise level LAF90 Tbg. The measurement and/or prediction of the noise should be carried out in accordance with the methodology contained within BS 4142: 2014.

Reason: To protect the amenities of neighbouring residents

5 Plant Noise Details CONDITION: A report is to be commissioned by the applicant, using an appropriately experienced & competent person, to assess the noise from the proposed mechanical plant to demonstrate compliance with condition 4. The report shall include measurement of the new plant following installation. The report shall be submitted to and approved in writing by the Local Planning Authority within 2 months of the use hereby permitted commencing.

P-RPT-COM-Main Reason: To protect the amenities of neighbouring residents and surrounding occupiers.

6 Structure-borne noise and vibration: CONDITION: Notwithstanding the hereby approved plans, the plant shall be supported on adequate proprietary anti-vibration mounts as necessary to prevent the structural transmission of vibration and regenerated noise within adjacent or adjoining premises, and these shall be so maintained thereafter into perpetuity.

Reason: To protect the amenities of neighbouring residents and surrounding occupiers.

7 Hours of Use for Ventilation system: CONDITION: Prior to the hereby approved plant equipment being used, a timer shall be installed limiting the operation of the kitchen extraction system to between the hours of 09:00 to 22:00 Monday to Saturday and 11:00 to 20:00 on Sundays and Bank Holidays. The system shall not be operated outside of these hours. The timer shall be maintained as such thereafter into perpetuity.

Reason: To protect the amenities of neighbouring residents and surrounding occupiers.

8 Carbon Filtration System CONDITION: Notwithstanding the plans hereby approved, the flue shall be fitted with fine filtration or Electrostatic Precipitation followed by carbon filtration (carbon filters rated with 0.4-0.8 second resistance time) or alternatively fine filtration followed by carbon filtration and by counteractant/neutralising system to achieve the same level as above. The filter systems of the approved flue / extraction units shall be regularly maintained and cleaned; and any filters and parts requiring cleaning or replacement shall be easily accessible.

Reason: To protect the amenities of neighbouring residents and surrounding occupiers and members of the public.

9 Hours of operation CONDITION: The hours of operation are limited to operate only between the following hours:

0900am -2200pm Monday to Saturday.

1100am -2000pm Sundays and Bank Holidays/public holidays

Reason: To protect the amenities of neighbouring residents and surrounding occupiers.

10 External Area CONDITION: Notwithstanding the plans hereby approved, the rear external area at ground floor level is to be used for the storage of refuse purposes only, subject to the details approved by condition 12.

Reason: To protect the amenities of neighbouring residents and surrounding occupiers.

11 Inclusive Design CONDITION: Notwithstanding the plans hereby approved, the development must comply with the inclusive design standards as set out in Islington’s Inclusive Design SPG (2014).

Reason: To ensure inclusive access is provided to those with mobility difficulties.

12 Delivery and Servicing Plan CONDITION: Prior to the development being operational a Delivery and Serving Plan shall be submitted to and approved in writing by the Local Planning Authority in consultation with TfL. The Delivery and Serving Plan should demonstrate how deliveries to and from the site will be safely conducted and managed without effecting the amenities of the existing residents and the safety of pedestrians. The details should include refuse and recycling collection arrangements. P-RPT-COM-Main Reason: To protect the amenities of surrounding residents and to ensure the site can be safely serviced.

13 Cycle parking provision Condition: s4 spaces in rear courtyard area installed prior to prior to first use and maintained as such thereafter

List of Informatives:

1 Sound insulation details Sound insulation should be designed to meet DnTw + Ctr 50 dB, with an operational noise level limit imposed on the tenant as part of the agreement to lease. A limit such as 75 dBLAeq,10mins is quite reasonable for a takeaway or cafe and they should have no problem complying. The wording of the agreement to lease can then say that, should the tenant normally exceed these operational levels then they must be responsible for upgrading the sound insulation of the fabric accordingly, to ensure that noise from their operations does not exceed NR20 (or some other suitably quiet level) within the dwellings

2 Community Infrastructure Levy (CIL) (Granting Consent) INFORMATIVE: Under the terms of the Planning Act 2008 (as amended) and Community Infrastructure Levy Regulations 2010 (as amended), this development is liable to pay the Mayor of London's Community Infrastructure Levy (CIL). This will be calculated in accordance with the Mayor of London's CIL Charging Schedule 2012. One of the development parties must now assume liability to pay CIL by submitting an Assumption of Liability Notice to the Council at [email protected]. The Council will then issue a Liability Notice setting out the amount of CIL that is payable.

Failure to submit a valid Assumption of Liability Notice and Commencement Notice prior to commencement of the development may result in surcharges being imposed. The above forms can be found on the planning portal at: www.planningportal.gov.uk/planning/applications/howtoapply/whattosubmit/cil

3 Roller Shutters The scheme hereby approved does not suggest the installation of external rollershutters to any entrances or ground floor glazed shopfronts. The applicant is advised that the council would consider the installation of external rollershutters to be a material alteration to the scheme and therefore constitute development. Should external rollershutters be proposed a new planning application must be submitted for the council’s formal consideration.

4 Roof top plant The applicant is advised that any additional roof top plant not shown on the approved plans will require a separate planning application.

5 New adverts The applicant’s attention is drawn to the fact that this permission gives no advertisement consent for any new signage on the premises. This is a separate regime and regulations and any new signage on the unit would require a separate advertisement consent to be sought from the council.

P-RPT-COM-Main APPENDIX 2: RELEVANT POLICIES

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

1 National Guidance

The National Planning Policy Framework 2018 seeks to secure positive growth in a way that effectively balances economic, environmental and social progress for this and future generations. The NPPF is a material consideration and has been taken into account as part of the assessment of these proposals.

2. Development Plan

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

A) The London Plan 2011 - Spatial Development Strategy for Greater London

4 London’s economy 6 London’s transport - Policy 4.1 Developing London’s economy - Policy 6.9 Cycling - Policy 4.7 Retail and town centre development 7 London’s living places and spaces - Policy 4.8 Supporting a successful and - Policy 7.2 An inclusive environment diverse retail sector - Policy 7.6 Architecture - Policy 4.9 Small shops - Policy 7.14 Improving air quality - Policy 7.15 Reducing noise and enhancing soundscapes

B) Islington Core Strategy 2011

Spatial Strategy - Policy CS13 (Employment Spaces) - Policy CS3 (Nag’s Head and Upper - Policy CS14 (Retail and Services) Holloway Road)

Strategic Policies - Policy CS10 (Sustainable Design) - Policy CS11 (Waste)

P-RPT-COM-Main C) Development Management Policies June 2013

Design and Heritage Employment - DM2.1 Design - DM5.1 New business floorspace - DM2.2 Inclusive Design

Shops, culture and services Transport - DM4.1 Maintaining and promoting small - DM8.1 Movement hierarchy and independent shops - DM8.4 Walking and cycling - DM4.2 Entertainment and the night-time economy

DM4.3 Location and concentration of uses - DM4.4 Promoting Islington’s Town Centres - DM4.5 Primary and Secondary Frontages - DM4.8 Shopfronts

5. Designations

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

- Nag’s Head Town Centre - Nags Head & Upper Holloway Rd Key Core - Secondary Retail Frontage Strategy Key Area - Article 4 Direction A1-A2 (Town Centres)

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

The following SPGs and/or SPDs are relevant:

Islington Local Development Plan - Accessible London: Achieving and Inclusive - inclusive Design (2014) Environment - Urban Design Guide

P-RPT-COM-Main