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London Borough of Barnet LONDON BOROUGH OF BARNET PLANNING AND ENVIRONMENT COMMITTEE FINCHLEY AND GOLDERS GREEN AREA 22nd June 2005 Agenda Item 9 Report of the Head of Planning BACKGROUND PAPERS – GENERAL STATEMENT The background papers to the reports contained in the agenda items which follow comprise the application and relevant planning history files, which may be identified by their reference numbers, and other documents where they are specified as a background paper in individual reports. These files and documents may be inspected at: FINCHLEY AND GOLDERS GREEN AREA OFFICE Barnet House 1255 High Road Whetstone London N20 0EJ Contact Officer: Mrs V Bell, 020 8359 4672 26 PLANNING AND ENVIRONMENT COMMITTEE FINCHLEY AND GOLDERS GREEN AREA DATE:22nd June 2005 INDEX TO THE REPORT OF THE HEAD OF PLANNING ______________________________________________________________ C05442B/05 Childs Hill 29 174 Cricklewood Lane, London, NW2 2DX. Change of use from retail (Class A1) to hot food takeaway (currently Class A3, changing to Class A5 on 21.04.05). APPROVE SUBJECT TO CONDITIONS ______________________________________________________________ C16240/05 Childs Hill 34 Existing public convenience/sitting area in, Basing Hill Park off, Hendon Way, London, NW2. Change of use of existing pubic convenience/sitting area in Basing Hill Park to cafe with toilets facilities. New windows and door in side elevation. (Amended description). APPROVE SUBJECT TO CONDITIONS ______________________________________________________________ C03491A/05 Childs Hill 38 Existing Sports Pavilion, Childs Hill Park, Hodford Road, London, NW11. Single storey front extension. Change of use of existing sports pavilion, to cafe (Class A3) with sports pavilion. New access side ramp. APPROVE SUBJECT TO CONDITIONS ______________________________________________________________ 27 C03312AR/05 Woodhouse 42 WOODHOUSE SIXTH FORM COLLEGE, Woodhouse Road, London, N12 9EY. Erection of a two-storey building (with rooms in roofspace) in north-west corner of site to provide a total of 18no. self-contained flats with associated off-street parking and landscaping. REFUSE ______________________________________________________________ C11441BH/05 Woodhouse 54 UNIT 2B GREAT NORTH LEISURE PARK, Chaplin Square, London, N12 0GL. Internally illuminated fascia and menu box sign. APPROVE SUBJECT TO CONDITIONS ______________________________________________________________ C11441BJ/05 Woodhouse 58 UNIT 2B GREAT NORTH LEISURE PARK, Chaplin Square, London, N12 0GL. New shop front. APPROVE SUBJECT TO CONDITIONS 28 LOCATION: 174 Cricklewood Lane, London, NW2 2DX. REFERENCE: C05442B/05 Received: 7 Feb 2005 Accepted: 6 Apr 2005 WARD: Childs Hill Expiry: 1 Jun 2005 Final Revisions: APPLICANT: Mr S M Golestani-Zadeh PROPOSAL: Change of use from retail (Class A1) to hot food takeaway (currently Class A3, changing to Class A5 on 21.04.05). RECOMMENDATION: APPROVE SUBJECT TO CONDITIONS 1. This development must be begun not later than five years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act, 1990. 2. The use hereby permitted shall not be open to customers before 11.30am or after 11.30pm on weekdays or before 11.30am or after 11.30pm on Sundays. Reason: To safeguard the amenities of occupiers of adjoining residential properties. 3. Notwithstanding the provisions within Class A3 of the Town and Country Planning (Use Classes) Order 1987 (or any subsequent statutory instrument revoking or re-enacting that Order) the use shall not be open to customers for the purposes of hot food take away and/or the delivery of hot food to customers before 11.30am or after 11.30pm on weekdays or before 11.30am or after 11.30pm on Sundays. Reason: To safeguard the amenities of neighbouring residents. 4. Before the development hereby permitted commences on site, details of all extraction and ventilation equipment shall be submitted to and approved by the Local Planning Authority and implemented in accordance with agreed details before the use is commenced. Reason: To ensure that the proposed development does not prejudice the 29 enjoyment or amenities of occupiers of adjoining residential properties. 5. Before the use hereby permitted is commenced, screened facilities for the storage of refuse and satisfactory means of access for collection shall be provided within the curtilage of the site in accordance with details to be agreed in writing with the Local Planning Authority, such details to include the provision of facilities for the disposal of rubbish in front of the premises, but within the curtilage of the site, during opening hours. Reason: To ensure a satisfactory appearance and satisfactory accessibility. INFORMATIVE(S):- 1. The plans accompanying this application are:- Site Plan. 2. The reason for this grant of planning permission or other planning related decision is as follows: The proposed development accords with strategic planning guidance and policies as set out in the Mayor's London Plan (published 10 February 2004) and the Adopted Unitary Development Plan/Revised Deposit Draft Unitary Development Plan, in particular the following polices are relevant: Adopted Barnet Unitary Development Plan (1991): G1, T1.1, S3.3. Barnet Revised Deposit Draft Unitary Development Plan (2001): GBEnv1, D2, TCR19. 1. MATERIAL CONSIDERATIONS Relevant Policies in The London Plan (2004) Relevant Unitary Development Plan Policies: Adopted UDP (1991): G1, T1.1, S3.3 Revised Deposit Draft UDP (2001): GBEnv1, D2, TCR19 Relevant Planning History: C05442: “Change of use from shop to auctioneers, surveyors and estate agent’s office” – Granted 1975 Consultations and views Expressed: Neighbours Consulted: 5 Replies: 2 A petition with 42 signatures has been received in agreement with the objections raised by the occupiers of 170 Cricklewood Lane which are as follows: - Will have a major effect on parking/access in an already very congested area; - Number of other pizza shops in the vicinity of 174 Cricklewood Lane; 30 - Establishment would cause an immense amount of rubbish; - Many local residents not happy with proposal as shown on petition. A petition with 90 signatures has been received in agreement with the objections raised by the occupiers of 168 Cricklewood Lane which are as follows: - Is a quiet, friendly and peaceful neighbourhood and bringing in this business will develop chaos and other domestic violence; - The neighbourhood is small and customers are just a handful everyday and cannot share with another business due to loss of sales. 2. PLANNING APPRAISAL Members will recall that this application was first reported to the committee on 25th May 2005, but was deferred to the June committee pending a member site visit. The recommendation remains the same and a copy of the committee report is attached below. Site Description and Surroundings 174 Cricklewood Lane is a ground floor commercial unit located within a parade of 12 similar commercial units with residential accommodation in the form of flats to the upper floors. The shopping parade is set back some distance from the main highway of Cricklewood Lane with a lay-by to the front providing parking for users of the shops. Additionally, the parade of shops is located in a mainly residential area and is some distance from the main shopping areas in Childs Hill and Cricklewood. Proposals This application is for the change of use of the existing ground floor unit to a takeaway pizza shop, which falls within Class A5 of the amended Use Classes Order. As existing the shop is vacant and was previously used as an African food shop. It is proposed that the new use will be open from 11.30am to 11.30pm daily and would result in the employment of 4 full-time staff members. The parade of shops as existing includes the following uses: 162/164 - Dry Cleaners 166 - Grocer 168 - Cafe 170 - Bakery 172 - Vacant 174 - Vacant 176 - Newsagents 178 - Electrical shop /contractors 180 - Tool Hire shop 31 182 - Butchers 184 - Vacant. Material Planning Considerations The application site is considered to be within a neighbourhood shopping area and as such Council Policy recommends the retention of existing A1 uses as far as possible with a number of exceptions. These include where the existing unit is vacant and the proposed use would not result in the diminution of local shopping facilities and where alternative shopping facilities exist accessible by public transport. In the case of this application, the existing site is vacant and is located on a bus route between the main shopping areas in both Cricklewood and Childs Hill. As such it is not considered that the proposed change of use would result in a reduction in local shopping options and choice nor have a detrimental impact on the services available to local residents. Additionally, the proposal would ensure the use of one of the existing three vacant units in this parade and would not duplicate an existing use in the immediate vicinity, with only one other cafe in this parade of shops. 3. COMMENTS ON THE GROUNDS OF OBJECTIONS Mainly considered in the above appraisal. 4. CONCLUSION The proposed change of use would not result in the loss of an existing active A1 use in this parade of shops and is considered to be in keeping with Council Policies and Guidelines. This application is therefore recommended for APPROVAL. 32 174 Cricklewood Lane, NW2 2DX D OA R ON GT IN DD CA C CCC C1 111 15 5595 9599 D 9 1 1131 O 3133 3 U G L A S M E W S F A E R AN M D L OO A EW V KL E RIC N C U E H A R M A N C L O S E H A Scale 1:1250 Based on the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationary Office Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. London Borough of Barnet LA086290 2003 33 LOCATION: Existing public convenience/sitting area in, Basing Hill Park off, Hendon Way, London, NW2.
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