Environment and Regeneration Department PO Box 3333 222 Upper Street London N1 1YA

Planning Service Public Protection Division Environment and Regeneration Department PO Box 3333 222 Upper Street London N1 1YA

PLANNING COMMITTEE AGENDA ITEM NO: Date: 15 February 2011

Application number P102597 Application type FULL PLANNING Site Address: Business Design Centre, 52 Upper Street, Islington, London N1 0QH Proposal Application under section 73 of the Town and Country Planning Act 1990 to vary the wording of condition 19 (hours of operation) of planning permission 83/0398 dated 25/04/1984 (as amended by appeal dated 31/10/91) for the 'restoration of the main hall at Royal Agricultural Hall and Liverpool Road and 56-61 (incl) Upper Street and its use as a Design Trade Centre, including ancillary management offices, designers club, restaurant and storage, the restoration and adaptation of the New Hall to provide an under cover service area for the Design Trade Centre together with the provision of 6,774sqm (gross) of offices with car parking for 270 cars, 7 of which are related to the office floorspace.

RECOMMENDATION

That the Committee resolve to GRANT planning permission as set out in Appendix 1.

INTRODUCTION

Site and Surroundings

1. The application site is comprised of the Business Design Centre which is a grade ll listed building bounded to the north by Liverpool Road and Upper Street to the south. The site is located partly within the Barnsbury Conservation Area and partly within the Angel Conservation Area.

2. The area is characterised by a mixture of commercial and residential development. The Business Design Centre is a popular venue for exhibitions such as Graduate fares, the Country Living show, conferences, and special events such as the BAFTA awards.

Proposal (in Detail)

3. The proposal is to vary condition 19 of planning permission 83/0398 (as amended at appeal) to allow the Business Design Centre (BDC) to operate between the hours of 0800 to 0100 hours on Mondays to Saturdays and 0800 to 2200 hours on Sundays for the period 27 July 2012 to 12 August 2012 (inclusive) only.

4. The proposed condition wording is as follows:

“The Business Design Centre shall not operate outside 0800 to 2200 hours on Mondays to Fridays, 0800 to 2000 hours on Saturdays and 1000 to 1900 hours on Sundays, excepting the period from 27th July 2012 to 12th August 2012 inclusive, during which period the Business Design Centre shall not operate outside 0800 to 0100 hours on Mondays to Saturdays and 0800 to 2200 hours on Sundays.”

5. The proposal is to enable the BDC to accommodate the Czech Republic during the London 2012 Olympic Games. The BDC would act as the Czech’s Olympic base during the period and would accommodate events such as (summary): • opening and closing ceremonies with the Czech President / Prime Minister • Czech Film and Theatre presentations and International Conference • seminars covering Czech culture, sport and business • Czech regional performances • Theatre, dance and music performances • Multi-media presentations • Children’s events and sports activities • Olympic Medal Celebrations

6. The key activity zones within the building are likely to include: • a multi-functional central area, including a stage and a large live Olympic screen, which will host many of the key events • ‘Czech Olympic House’ – a private venue for the Czech ‘Olympic Family’ (athletes, politicians, ministers ambassador, VIPs, sponsors and partners) • Exhibition and presentation areas • An Olympic merchandising area with information stands, ticketing etc • A Czech restaurant • ‘Czech Olympic Media House’ an official meeting zone for the media

Issues

7. The main issues arising from this proposal relate to the: - consideration of the acceptability of the variation to condition 19 of 83/0398 to allow use for a longer period of time over the 17 day period of the Olympic Games and the potential impacts on residential amenity.

Original Application

8. Details of the original planning application are summarised below:

- Planning application LBI ref: 83/0398 for the: ‘restoration of the Main Hall at Royal Agricultural Hall, Liverpool Road and 56-61 (incl) Upper Street, and its use as a Design Trade Centre, including ancillary management offices, designers’ club, restaurant and storage; the restoration and adaptation of the New Hall to provide an under cover service area for the Design Trade Centre; together with the provision of 6.774sqm gross of offices with car parking for 270 cars, 7 of which are related to the office floorspace’ was GRANTED on 25 April 1984.

Relevant History

9. The site is subject of extensive planning history and it is considered that a number of applications are relevant. The above decision 83/0398 had a total of 26 conditions. Appeals were lodged against applications submitted to vary various conditions attached to the original 1984 planning permission dated 25 April 1984. The appeals and their references are set out below: - 90/0938-Condition 14 of 83/0893 - times allowed for vehicles entering & leaving service area ALLOWED ON APPEAL dated 31 October 1991. - 90/0937-Condition 17 loading & unloading of goods. - 90/0940- Condition 18 - to extend the definition of the Business Design Centre to include:- public hall art gallery exhibition hall music & concert hall theatre ALLOWED ON APPEAL dated 31 October 1991 - 90/0939-Condition 25 number of persons allowed in premises at any one time ALLOWED ON APPEAL dated 12 April 1991.

10. Planning permission ref: 90/0941 was submitted to the LPA to amend the wording of condition 19 of planning permission reference 83/0398. This was ALLOWED ON APPEAL (T/APP/V5570/A/91/184409) and the following wording became the new condition wording:

“CONDITION: The Business Design Centre shall not operate outside 0800 to 2200 hours on Mondays to Fridays, 0800 to 2000 hours on Saturdays and 1000 to 1900 hours on Sundays.”

11. The Inspector also imposed a condition to control noise generated within the building and this condition is attached as condition 26 of this report.

12. Planning permission ref: 95/0275 was submitted to amend the wording of condition 19 of planning permission 91/0101 to allow up to five banquettes in any 12 months. This was GRANTED on 4 April 1996 and was subject to conditions and a legal agreement and lasted for 12 months beginning on the date of the first banquet event.

13. Since the approval of the ‘original application’ the majority of the details required by condition have been approved. In the interest of completeness the conditions which still apply is attached as appendix 1 and has been updated to make reference to the approval of those details where they were required.

14. Planning permission reference: P010438 was GRANTED on 15 August 2001 for the ‘Removal of condition 25 of planning permission dated 25th April, 1984 (ref: 83/0398) which reads: 'no more than 2,000 persons shall be within the Design Trade Centre at any one time’. This condition therefore is not applied within this recommendation.

15. P001473 – Code of Practice for Banqueting Events.

16. Planning permission reference: P091304 was GRANTED on 24/12/2009 for the ‘Variation to condition 19 of planning permission 83/0398 as varied by appeal decision notice 91/0101 dated 31/10/99 and planning permission P042640 to allow the Business Design Centre to operate until 01.00am for 12 banquets in any twelve months.’ This permission included conditions relating to noise surveys, maximum noise levels, appointment of noise control consultants to monitor noise emissions. This was granted for a temporary period of 12 months from the date of the first banqueting event. This was held on 21 October 2010 and therefore this permission expires on 20 October 2011.

17. Planning permission reference: P091764 was REFUSED on 24/12/2009 for the ‘variation of Saturday operating hours to allow opening until 10pm’.

18. Pre-Application Discussions The scheme was discussed formally at pre-application stage (LBI ref: Q100435).

CONSULTATION

Public Consultation

19. Letters were sent to 467 occupants of adjoining and nearby properties at Upper Street, Batchelor Street, Liverpool Road, Bromfield Street, Cloudesley Place, Berners Road, St Alban’s Place, Old Royal Free Place and Old Royal Free Square on 13 December 2010. A site notice and press advert were displayed on 16 December 2010. The public consultation of the application therefore expired on 6 January 2011, however it is the Council’s practice to continue to consider representations made up until the date of a decision.

20. 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: - noise made by people leaving at night - noise from service vehicles at night - the building does not have adequate sound insulation - nuisance – lack of controls by BDC management - the hours are excessive in a dense residential area; - lack of security protection to the residential area during a high risk event – wth no risk assessments; - additional traffic created by coaches and all kinds of private and commercial vehicles leaving in the early hours - inability to enforce BDC parking – thereby increasing risks to residents - documents from the local police in relation to events parking and Counter Terrorism - object to continued opening of windows and direct overlooking and noise escapes from the Bromfield Street overlooking (south elevation) windows of the centre

Internal Consultees

21. Public Protection Division (Noise Team) advised that provided that the noise conditions relating to application reference P091304 are attached, prior notice is given to residents and due to the short but intense period applied for that a sound limiter be installed for the period of use also.

22. Crime Prevention Officer (Metropolitan Police) has reviewed the objections stating that the use would be a terrorism target and associated documents submitted by objectors. Her response states that the Czech Republic is not seen as a major or likely target for extreme terrorism. All Olympic linked venues in London will have risk assessments carried out and comprehensive security plans put in place. The BDC has their own plan agreed by them and the local police.

RELEVANT POLICIES

National Guidance

23. The following national and regional guidance is considered particularly relevant to this application: PPS1 Delivering Sustainable Development PPG24 Planning and Noise

Development Plan

24. The Development Plan is comprised of the London Plan 2008 (consolidated with amendments since 2004) and the Islington Unitary Development Plan (2002). The following policies of the Development Plan are considered relevant to this application:

London Plan 2008 - Spatial Development Strategy for Greater London (consolidated with alterations since 2004)

The Broad Development Strategy 4B.8 (Respect Local Context and 2A.1 (Sustainability Criteria) Communities 2A.3 (London’s Sub-Regions) 2A.4 (The Central Activities Zone) The Sub-Regions, Central Activities Zone and Government Growth Areas: Connecting London – Improving 5A.1 (Sub-Regional Implementation Travel in London Frameworks) 3C.3 (Sustainable Transport in London) 5B.1 (The Strategic Priorities for North 3C.17 (Tackling Congestion and London) Reducing Traffic) 5G.1 (The Indicative CAZ Boundary) 3C.24 (Freight Strategy) 5G.2 (Strategic Priorities for the CAZ) 5G.5 (Predominantly Local Activities in the The Crosscutting Policies: CAZ) 4A.20 (Reducing Noise and Enhancing Soundscapes) Implementing the London Plan: 6A.4 (Priorities in Planning Obligations) Designs on London 6A.5 (Planning Obligations) 4B.1 (Design Principles for a Compact City)

Islington Unitary Development Plan (2002)

Environment Policies: Sustainable Transport Policies: Env1 & 2 (New Development) T18 (Parking and Traffic Restraint) Env12 (Community Safety) T21 (Non-Residential Off Street Parking Env16 & 17 (Protection of Amenity) and Servicing) T32 (On-Street Servicing) Conservation and Design Policies: D20 (Land Use) Implementation Policies: Imp13 (Community Benefits) Imp14 (Central London)

Designations

25. The site has the following designations under the London Plan 2008 and Islington Unitary Development Plan (2002): - SV3 Alexandra Palace strategic view (cor) - SV3 Alexandra Palace view consult area - CLA: Central London Area special Policy - TC2 Angel Town Centre special policy - Within 200 metres of RS2 Crossrail 2 - AF10b: Article 4(2) Barnsbury 2 - Alex Pal to St Pauls Left Lat Assm area - Alex Pal to St Pauls Right Lat Assm area - Site within 100m of SRN Road - Central Activities Zone (CAZ) - Site within 100m of a TLRN Road - The Angel - Barnsbury - Barnsbury Conservation Area - Grade ll Listed building

Supplementary Planning Guidance (SPG) / Document (SPD)

26. The following SPG’s and/or SPD’s are relevant:

Islington UDP London Plan - Conservation Area Design Guidelines - Accessible London: Achieving and - Planning Standards Guidelines Inclusive Environment - Planning Obligations and S106 - Planning for Equality and Diversity in London

Good practice guidance is issued by ‘Communities and Local Government’

27. The following guidance is relevant: - ‘Greater flexibility for planning permissions: Guidance’, published 23/11/2009.

EMERGING: ISLINGTON LOCAL DEVELOPMENT FRAMEWORK CORE STRATEGY

Planning Weight

28. The following policies in the draft Local Development Framework (LDF) Core Strategy have been taken into consideration:

Spatial Strategy Policy 14 (Retail Services) Policy 5 (Angel and Upper Street) Policy 9 (Protecting and Enhancing Infrastructure and Implementation Islington’s Built and Historic Environment) Policy IMP1 (Delivery and Infrastructure) Policy 13 (Employment Spaces)

29. Following the Independent Examination hearings, held in November 2010, the Core Strategy has been found sound. The Inspector has not recommended any additional changes to the strategy. The Inspector has formally endorsed the changes suggested by the council prior to and during the examination hearings. All of these changes have been in the public domain since the examination hearings, and have been consulted on before the Inspector finalised her report.

30. The Core Strategy is scheduled to be adopted by the Full Council on 17th February 2011. Whilst not formally adopted at this point in time, given that it has been found sound and no further changes will be made to the plan, the Core Strategy policies should be accorded very substantial weight, almost development plan status.

EVALUATION

Background to section 73

31. Section 73 of the Town and Country Planning Act 1990 concerns ‘Determination of applications to develop land without compliance with conditions previously attached’. It is referred to as ‘varying’ or ‘amending’ conditions.

32. Section 73 applications involve consideration of the conditions subject to which planning permission should be granted. It is important to note that a section 73 application is not re-considering the principle of the development, as planning permission has already been granted for this. If it is decided that the proposed amendments to the conditions are acceptable then the application should be approved.

Proposed Use and Compliance with Permitted Uses of the Business Design Centre

33. The original planning permission (83/0398) attached a total of 26 conditions, one of which has subsequently been removed (25) and others which have been amended. Condition 18 restricted the use of the building, however this was amended by appeal decision dated 31/10/1991 to read:

“The Main Hall shall be used as a design trade centre, art gallery, exhibition hall and public hall and for no other purposes (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order) of for the holding of political rallies or for offices other than in connection with the management of the centre or exhibitions or showrooms.”

34. The proposed use of the Business Design Centre between 27 July and 12 August 2012 by the Czech Republic would largely be as an exhibition and conference venue to host political, public, economic, business and cultural events as well as sports-related functions. A number of organisations associated with sport, leisure, tourism, business and media would be involved in utilising the exhibition / conference spaces.

35. Having reviewed the submitted documents it is considered that the main function or use during the Olympic period by the Czech Republic would be as an exhibition hall / trade fair / public hall and these are considered to fall into the definition as amended by the Inspector’s decision and re-attached as condition 6 within recommendation B of this report.

36. A further condition limiting the use of the building within that period to the Czech Republic for purposes directly associated with the Olympic Games as set out in the letter dated 26 November 2010 entitled ‘Use of the Business Design Centre by the Czech Olympic Delegation’ is recommended (condition 22). This is to restrict the extended hours of operation for use by the Czech Olympic Delegation for the temporary period, as this use would support the London Olympic Games and the use by an Olympic related function has led to an on-balance support for this application.

Variation of condition 19 (83/0398)

37. Policy Env17 seeks to enhance the amenities of the area by discouraging developments which cause unacceptable levels of noise vibration and other forms of disturbance. The use of the Business Design Centre (BDC) by the Czech Republic would therefore require consideration of the impact of the following extension of hours over the Olympic period:

2200 – 0100 Monday to Friday 3 additional hours 2000 - 0100 Saturday 5 additional hours 0800-2200 Sundays 2 additional hours (AM) and 5 additional hours (PM)

38. The suggested condition wording, as put forward by the applicant is considered to make it clear that those amended hours apply only for the 17 day period between 27 July 2012 and 12 August 2012 and that the current hours of operation would apply outside of that time period.

39. The Angel is a vibrant inner city area which has an active night time economy. The Core Strategy identifies the Angel as a focus for Islington’s evening and night-time economy. Policy 5E seeks to strengthen the angel as a cultural destination by protecting and encouraging arts and entertainment uses. The supporting text notes that the quality of life for residents in the area should not be undermined by these activities.

40. Only the new extended hours as applied for within this application can be addressed by way of additional conditions, if it is felt that they are required to make the extension of hours acceptable in planning terms. This is not an opportunity to redesign other aspects of the approved and built scheme.

41. The original planning permission was granted in 1984 and was amended by appeal decision dated 31 October 1991. This decision attached historic conditions relating to noise. The Planning Inspector in his decision of 31/10/1991 imposed an additional condition to address noise and this is re-imposed as condition 13. Although this is a somewhat dated condition, it nevertheless remains applicable to the existing (currently permitted) hours of operation of the BDC.

42. Only the extended hours of operation can be addressed by this application. Therefore between 0800-2200 hours Mondays to Fridays and 0800-2000 Saturdays and 1000- 1900 hours Sundays condition 13 would apply. An informative is attached recommending that the applicant apply new noise controls to the playing of amplified noise during the general permitted hours, however this is not binding.

43. It is acknowledged that the BDC has given cause for noise nuisance in the past. However, the council’s Environmental Health officers confirmed that they are satisfied that subject to suggested noise conditions (conditions 15-25) including the requirement for an acoustic report to be submitted for consideration prior to any events taking place within the Olympic period and installation of a noise limiting device the conditions would ensure that the extended hours would not cause a statutory nuisance.

44. Furthermore, planning permission P091304 (granted 24/12/2009) required compliance with a ‘Code of Practice’ which had been previously agreed between the Business Design Centre and the council. This document was originally written in 1996 and has been attached to previous planning permissions that granted the extension of operating hours. A significant proportion of the original ‘Code of Practice’ has become redundant largely because of contemporary noise control requirements and the new conditions recommended by the Noise Officer.

45. Recommended conditions 23, 24 and 25 have been adapted from the original ‘Code of Practice’ and seek to secure agreement that the Council may carry out its own monitoring over the period of use (condition 23), require submission of a marshalling scheme for approval by the Council and implementation by the Business Design Centre (condition 24) and require that smoke vents within the roof and windows facing Bromfield Street (south elevation) are not opened during the period of the Czech Olympic Delegation use (condition 25). The restriction to the opening of windows is considered to address objections raised by residents of Bromfield Street.

46. The applicant seeks to use the building for extended hours over a 17 day period. It is considered that the use of the premises by the Czech Republic Olympic Delegation during the London 2012 Olympic Games is consistent with Core Strategy policy 5 that seeks to promote the arts and entertainment within the Angel Town Centre.

47. It is acknowledged that the application seeks to use the BDC within weekdays until 1am for a period of two weeks. It is noted that this does have the potential to cause nuisance on these quieter weekday evenings, however it is, on-balance considered to be acceptable given that the site is located within a town centre; the use would support the London Olympic Games which is an event of regional and national importance and because stringent conditions are recommended to protect residential amenity.

48. The revised wording of condition 19 (83/0398) is recommended as condition 7 (recommendation B) of this report.

Other objections

49. Objections have been raised by neighbouring residents in respect of service vehicles and visitors frequenting the site within this period. It is important to note that servicing activity is not permitted beyond normal servicing hours (10pm). The servicing of the centre will remain as per the existing arrangements with no change proposed as result of this application. All public egress and access to the site is via Upper Street which is an active town centre street.

50. Conditions 13, 14, 15, 17 of the original planning permission (83/0398) relate to vehicle and pedestrian access and servicing have been re-imposed to this permission and are numbered 2, 3, 4 and 5 (recommendation B).

51. The use of the BDC in this period would be by the Czech Olympic Delegation (restricted by condition 22), with coordinated event organisation and co-ordinated vehicle movements. It is considered that there would be less vehicle movements to the BDC than for events where numerous independent stall holders display products. As stated above, existing conditions where relevant have been re-imposed and are considered to address these objections. In addition, recommended condition 24 requires the approval and implementation of a marshalling scheme during this period of use to control vehicle movements.

52. The Council’s Crime Prevention Officer has reviewed objections claiming that the nature of the users would introduce security and terrorism threat. The use of the building is in accordance with the definitions of use and it is not considered that a risk assessment is required in land use terms. Counter terrorism risk assessments have been carried out and agreed by the BDC and the local police and this will be ongoing. This sits outside of the planning process however and Crime Prevention Officers do not consider the use of the BDC by the Czech Republic to be a high risk terrorism threat.

Conditions and S106

53. The conditions of the previous decision notice (83/0398) have been re-imposed to the decision notice where they remain relevant.

54. An implementation condition has not been re-imposed as the scheme has already been implemented and completed. This application seeks to amend a condition will only alter that permission for a time period set out within that varied condition.

55. For clarity, conditions 1-8 (inclusive), 10-12 (incl) and 16 of the original permission 83/0398 have not been re-imposed as they sought to control implementation timeframe, approval of materials or other aspects of either design or the construction and demolition period and have therefore historically been addressed and are not applicable to the continuing use of the premises.

56. The original application (83/0398) was subject to a legal agreement to mitigate against the impacts of the development. As this application requires the issue of a new/fresh planning permission the applicant has agreed to re-apply the original agreements to the new planning permission. This is important as it ensures those obligations originally agreed are met in the case of the implementation of the current application.

57. As detailed above, this agreement is approaching 15 years in age and therefore that agreement will be attached subject to any necessary amendments that are considered necessary to ensure it relates appropriately to this application, should permission be given.

Other Matters

58. This application does not represent an opportunity to revise or reconsider the original grant of planning permission under 83/0398. This application only relates to the consideration of the amendments to condition 19 (hours of operation), amended and imposed as condition 7 of recommendation B.

SUMMARY AND CONCLUSION

Summary

59. The proposal to vary condition 19 (hours of operation) of planning permission 83/0398 dated 25/04/1984 is considered, on-balance to be acceptable because of the regionally and nationally important supporting role it would serve for the London 2012 Olympic Games, subject to stringent conditions relating to noise controls and the requirement for vehicular and pedestrian marshalling schemes to ensure that residential amenity would not be unacceptably harmed.

Conclusion

60. It is recommended that planning permission be granted for the reasons and details as set out in Appendix 1 - RECOMMENDATIONS. APPENDIX 1 – RECOMMENDATIONS

SCHEDULE OF APPLICATION DETAILS

Application reference P102597 Proposal Application under section 73 of the Town and Country Planning Act 1990 to vary the wording of condition 19 (hours of operation) of planning permission 83/0398 dated 25/04/1984 (as amended by appeal dated 31/10/91) for the 'restoration of the main hall at Royal Agricultural Hall and Liverpool Road and 56-61 (incl) Upper Street and its use as a Design Trade Centre, including ancillary management offices, designers club, restaurant and storage, the restoration and adaptation of the New Hall to provide an under cover service area for the Design Trade Centre together with the provision of 6,774sqm (gross) of offices with car parking for 270 cars, 7 of which are related to the office floorspace.

Drawing numbers AG20A, 21D, 22C-25C, 26B-29B, 50C and 31D

Type of application Full Planning Application received 22/11/2010 Application completed 14/01/2011 Name of applicant Business Design Centre Limited Name of agent Simon Powell Case officer Sarah Ricketts Area Team Majors Heritage information Grade II Listed Building Barnsbury Conservation Area Angel Conservation Area Library (holding copy of NA application) Ward St Mary’s Ward PS2 code description Smallscale Major Developments 91st day 28/02/2011

RECOMMENDATION A

That planning permission be granted subject to the applicant and any mortgagees entering into a Deed of Planning Obligation by means of a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) in order to bind the developer to all existing and relevant planning obligations to the satisfaction of the Head of Law and Public Services and the Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader.

That, should the Section 106 agreement not be completed within 13 weeks from the date when the application was made valid, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader may refuse the application on the grounds that the proposed development, in the absence of a legal agreement fails to secure appropriate planning obligations. ALTERNATIVELY should this application be refused (including refusals on the direction of GOL or The Mayor) and appealed to the Secretary of State, Service Director Public Protection/ Head of Service – Development Management or in their absence the Area Team Leader be authorised to enter into an agreement pursuant to S.106 Town and Country Planning Act 1990 to secure to the requirements of the original legal agreement.

RECOMMENDATION B

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

List of Conditions:

1 Residential amenity to be maintained CONDITION: Following the completion of the Development hereby permitted no process or activity shall be carried on nor machinery installed which is not such as could be carried on or installed in any residential area without detriment to the amenities of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dirt, grit or similar nuisance.

REASON: To safeguard the amenities of the adjoining premises and area generally.

2 Barford Street / car park vehicular access CONDITION: There shall be no vehicular access between Barford Street and the car park hereby permitted except in the case of emergencies.

REASON: To safeguard the amenities of the adjoining premises and area generally.

3 Site access (as amended by Appeal Dec: T/APP/V5570/A/90/166500) CONDITION: There shall be no access for visitors to the Business Design Centre nor any pedestrian access to the Galleria building if built from Liverpool Road or Barford Street; - there shall be no way out of the Business Design Centre, or the Galleria building if built, to Liverpool Road or Barford Street for visitors except in an emergency; - vehicular access to the service area from Liverpool Road or Barford Street shall only be for the delivery or collection of goods; - no goods shall be carried into or out of the service area except by car, van or lorry; - vehicles shall not enter or leave the service area other than between 0730 and 2200 hours on Mondays to Fridays, 0800 and 2000 hours of Saturdays and 0900 and 1830 hours on Sundays; - the doors of the service area facing Barford Street shall be kept closed, except when a service vehicle is entering or leaving the service area via these doors, before 0800 hours and after 1800 hours on Mondays to Fridays, after 1600 hours on Saturdays and at all times on Sundays.

REASON: To confine access to the permitted points in order to ensure that the development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway.

4 Principal Access CONDITION: The principal means of access to the Development hereby approved shall be from Berners Road / Parkfield Street.

REASON: To continue access to the permitted points in order to ensure that the development does not prejudice the free flow of traffic or the conditions of general safety along the neighbouring highway.

5 No off-site servicing (as amended by 90/1101 dated 25 October 1990) CONDITION: No loading or unloading of goods including fuels by vehicles arriving at or departing from the site shall take place otherwise than within the boundaries of the site except during build up and breakdown periods relating to exhibition activities

REASON: To ensure that the proposed development does not prejudice the free flow of traffic nor public safety along the neighbouring highway.

6 Use of Hall (as amended by Appeal Dec: T/APP/V5570/A/91/184408) CONDITION: The main Hall shall be used as a design trade centre, art gallery, exhibition hall and public hall and for no other purpose (including any other purpose in Class D1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order) or for the holding of political rallies or for offices other than in connection with the management of the centre or exhibitions or showrooms.

REASON: To ensure that the occupation of the Main Hall accords with the Local Planning Authority’s employment policies.

7 Hours of Operation CONDITION: The Business Design Centre shall not operate outside 0800 to 2200 hours on Mondays to Fridays, 0800 to 2000 hours on Saturdays and 1000 to 1900 hours on Sundays, excepting the period from 27th July 2012 to 12th August 2012 inclusive, during which period the Business Design Centre shall not operate outside 0800 to 0100 hours on Mondays to Saturdays and 0800 to 2200 hours on Sundays.

REASON: To safeguard the amenities of the adjoining premises and area generally, in accordance with policy 4A.20 of the London Plan 2008, policy Env17 of the Islington UDP 2002 and policies 5 (Angel and Upper Street), 14 (Retail and Services), 17 (Sports and Recreation provision) of Islington’s Core Strategy Submission June 2010.

8 Offices ancillary to the primary use as a Design Trade Centre CONDITION: That portion of the Main Hall set apart as offices and workshops shall not be used other than for the purposes ancillary to the primary use as a Design Trade Centre and shall not be occupied except in that manner.

REASON: To ensure that the occupation of the premises does not conflict with the Local Planning Authority’s policy of restricting further office development and to invoke the provisions of Article 3 of the Town and Country Planning Use Classes Order 1972.

9 Access to Main Hall CONDITION: Access to the Main Hall shall be given to any interested group or individual upon request and reasonable prior notice subject to reasonable regulations for the security of the Main Hall and persons working in or visiting the Main Hall and subject as above shall be given to any person or persons specified by the Local planning Authority within 3 weeks of their written request.

REASON: To ensure a satisfactory opportunity for the general public to gain admittance.

10 Hours of Car Parking Availability (as amended by Appeal I T/APP/V5570/E/90/806350 dated 31/10/1991 and LBI ref: 91/0101) CONDITION: The car parking spaces hereby approved shall be available for public parking between 2200 and 2400 hours on Mondays to Fridays, between 2000 and 2400 hours on Saturdays and between 1000 and 1500 hours on those Sundays when the Business Design Centre is not operating, on such terms and conditions as may be agreed with the Local Planning Authority.

The details submitted and approved by the Local Planning Authority pursuant to condition 22 (as amended by appeal decision T/APP/V5570/E/90/806350 dated 31/10/1991 (Appeal I) shall be deemed to be approved for the purposes of this condition.

REASON: To ensure that car parking provision is available for the general public.

11 Details of separation of car parking CONDITION: Not more than 7 parking spaces shall be available for the Office Development hereby permitted, the remaining parking provision including visitors shall be physically separate from the office parking spaces and access and aggress shall be from Berners Road, the details of such separation to be submitted to and approved by the Local planning Authority.

REASON: To ensure adequate vehicles circulation and servicing.

12 Net area for temporary exhibitions or events CONDITION: Not more than 43,000sq.ft. net (3995sqm) within the Design Trade Centre shall be used for the purposes of any temporary trade exhibition or event.

REASON: To safeguard the amenities of the adjoining premises and area generally.

13 Noise levels during normal operating hours of the BDC (imposed by Appeal decision dated 31/10/1991) CONDITION: During the opening hours of the Business Design Centre the noise level emanating from the centre shall not exceed 55dB Leq.1 hour, and a maximum roof mean square of 65 dB(A) measured with the sound level meter set to a fast response at a position 1.2m from the ground and 2m from the south façade of residential properties in Barford Street; should sound from any event or activity in the centre contain a substantial and sustained rhythmic or tonal characteristic the noise level due to that event or activity shall not exceed 50dB LAeq.1 hour, with no change to the maximum level.

REASON: To safeguard the amenities of the adjoining premises and area generally.

14 Restriction on Events CONDITION: The applicant shall, in writing advise the Czech Republic Olympic Delegation who is hereby permitted to occupy the Business Design centre for the London 2012 Olympic Games period (27 July – 12 August 2012 (inclusive)) that restrictions on the maximum permitted amplified noise levels exist and that a proprietary noise limiter is required. The applicant shall, in writing ensure that the hire agreement includes clauses requiring the client to comply with Business Design Centre management and their noise control consultants instructions in regard to the management and control of amplified sound levels within the premises.

15 Noise Limiter Requirement CONDITION: Details of a scheme identifying a noise limiting device to be installed and operational during the period 27 July 2012 – 12 August 2012 (inclusive) shall be submitted to and approved by the Local Planning Authority prior to the commencement of the Czech Olympic Delegation use commencing on 27 July 2012.

The settings of the noise limiting device must be set in accordance with Conditions 17, 18, 19 and 20 in the presence of a member of the Council’s Noise Team, prior to any entertainment being provided within the period 27 July – 12 August 2012 (inclusive).

Whilst any entertainment is in progress during the period 27 July – 12 August 2012 (inclusive) the agreed scheme and settings of the noise limiter must not be altered without the prior written approval of a member of the Council’s Noise Team.