Section 1 – Site Location Map

Site address 101 Acre Lane, London, SW2 5TU

Ward Brixton Hill

Proposal Change of use to hot food take-away (Use Class A5) and the installation of

a new external extract flue on the rear elevation of the building.

Application type

Full Planning application

Application ref(s) 12/04188/FUL

Validation date 5th November 2012

Case officer details Name: Katie Lazzam Tel: 020 7926 2228 Email: klazzam@lambeth.gov.uk

Applicant Mr Roy Hill 101A Acre Lane London SW2 5TU

Agent Martyns Rose Solicitors 403 Coldharbour Lane Brixton London SW9 8LQ

Considerations/ constraints

Local Centre

Approved plan (s) Site Location Plan, 363/E/02/01, 363/E/03/01, 363/P/01/01, 363/P/02/01, 363/P/03/01 Rev. 01

Recommendation(s) Grant Planning permission subject to conditions

For advice on how to make further written submissions or to register to speak on this item, please contact Governance & Democracy by emailing democracy@lambeth.gov.uk or telephoning 020 7926 2170. Information is also available on the Lambeth website www.lambeth.gov.uk/democracy

Consultation

Department(s) or Organisation(s) Consulted? (y/n)

Date response received

Comments summarised in report? (y/n)

Internal Highways Officer Y 20.06.2013 Y Regulatory Services – Food Safety Y 13.06.2013 Y Noise and Pollution Officer Y 25.04.2013 Y Enforcement Y 02.05.2013 Y

External Brixton Society Y None N Households (See Section 5) Y Y

Background documents Case File (this can be accessed via the Planning Advice Desk, Telephone 020 7926 1180)

Summary of Main issues

1.1 The main issues involved in this application are:

• Whether the proposed the introduction of a hot food take away use (Use Class A5) in this Local Centre is acceptable in principle;

• The impact of the proposed external extract flue on the appearance of the host building and on the character of the surrounding area;

• The impact of the proposed use upon the amenities of neighbouring occupiers, particularly with respect to noise, disturbance, fumes and smells;

• The impact of the proposed change of use on the safety and efficient operation of the highway network;

• Whether sufficient measures have been incorporated into the scheme for the storage and collection of refuse and recycling (including disposal of cooking oils/fats) and;

• Whether the proposal would create opportunities for crime or increase the risk of public disorder.

2 Site Description

2.1 The application site is located on the southern side of Acre Lane, close to the junction

with Strathleven Road. The application property is a three storey mid-terrace building with a part single, part two storey rear projection. The application relates solely to the ground floor of the property, which is currently used as a hot-food takeaway (known as Tue Flavours Caribbean Cuisine). The upper floors of the property comprise a residential flat and, are accessed via a separate street entrance.

2.2 The site lies within a designated Local Centre under the Council’s Local Development Framework Proposals Map and, is within a Controlled Parking Zone (CPZ). It does not fall within a designated Conservation Area and, the building is not listed or located within the setting of a listed building.

2.3 The surrounding area contains a mix of residential and local centre commercial use such as a post office, off license, drycleaners, cafés, a number of take-away premises (including Chinese, kebab shop, fried chicken, fish and chip shop), solicitors and estate agents.

3 Relevant Planning History

3.1 Planning permission was granted in May 1985 for the installation of a new shopfront (ref 85/01844/PLANAP).

3.2 There is no record of planning permission having been granted for the current use of the application property as a hot food takeaway (Use Class A5). Class A5 uses (Hot Food Takeaways) are defined under the Town and Country Planning Act (Use Classes) Order 1987 (as amended), as establishments where the primary purpose is for the sale of hot food for consumption off the premises. The last known use of the premises, prior to its current use, was as an internet café (known as HCL Internet Café). Business publicity material on the internet describes HCL Internet café as premises providing

“access to the world-wide web and also serve food and soft drinks.”

3.3 Internet Cafés are categorised under the Uses Classes Order as falling within Use Class A1 (A1 Shops). According to the Town and Country Planning (General Permitted Development) Order 1995 (as amended), planning permission is not required for change of use of a retail shop to an internet café. Therefore the change of use of the premises from their use in 1985 as a shop to their last known use as an internet café would not have required planning permission from the Council.

3.4 However, according to these pieces of legislation, change of use from Class A1 (shops) to any other use not falling within A1 Class requires planning permission. The application supporting documents state that the applicant acquired lease of the site in May 2010 when it was in use for Class A3 purposes. Class A3 uses (Restaurants and Cafes) are defined under Use Classes Order as establishments, where the primary purpose is for the sale of food and drinks for consumption on the premises, such as restaurants, snack bars and cafes. Accordingly the use of the premises for Class A 3 purposes at the time the applicant acquired it and in its current use for Class A5 purposes would have required planning permission. As there is no such permission from the Council and no established use for the use of the property for Class A3 purposes, the use of the premises when the applicant acquired the site would have been unlawful. The current Class A5 hot food takeaway of the premises is also unauthorised.

3.5

The Council has served a planning enforcement notice, which required the cessation of the A5 takeaway use and removal of a large external extract flue. This flue has been removed and replaced with a much smaller one but the use continues. The main reason for taking action was because of the unacceptability of the previous flue. The case has been referred to legal for prosecution.

3.6 Given the ambiguity in the lawfulness or otherwise of the previous use of the premises for Class A3 purpose (restaurant), it is considered appropriate to amend the description of the current proposals as outlined below and not as originally submitted and publicised.

4 Current Proposals

4.1 The current application seeks (retrospective) planning permission for change of use of the premises to hot food take-away (Use Class A5) and the installation of a new external extract flue on the rear elevation of the building.

4.2 The layout of the premises (existing and proposed – drawing No. 363/P/01/01) includes a food serving counter on the frontage with a storage bar, preparatory area, sinks and cooking burners to the back sections of the ground floor. The plan also shows a WC located within the singe storey rear projection of the building, which opens onto a small enclosed courtyard.

4.3 The proposed extract flue, shown on drawing Nos. 363/P/0301 (proposed long section) and 363/P/03/01 – rev 1 (proposed rear and front elevation) indicate that it would have a diameter of approx. 35cm; would exit from the single storey rear extension, travel along its roof and then rise up to follow the party wall and finally terminate approx. 1m

above the ridgeline of valley roof over the main building. At the moment, the extract flue comprises a domestic scale flue, which terminates on the flank elevation of the single storey extension to the rear.

4.4 The proposed hours of operation are stated as follows:

• 10.00am to 10.30pm Monday to Friday

• 12.00noon to 8.00pm Saturday

• 12.00noon to 8.00pm Sunday and Bank Holidays.

4.5 The application form states that there are five full time staff employed by the business.

4.6 No deliveries by motor vehicles such as mopeds are proposed to be operated from the premises.

5 Consultations and Responses

5.1 A public consultation was undertaken; letters were posted to neighbouring occupiers

and a site notice was displayed in the vicinity of the site on the 15th April 2013.

5.2 8 letters of objection were received. The issues raised and officers’ response to them are summarised as follows:

Objections raised Officer response

Unpleasant smells generated from existing extractor flue

The existing extractor flue is unacceptable as it extracts at ground floor level. This application proposes a new flue that would extract 1m above the ridge line of the building. It would therefore by-pass all of the windows of the surrounding residential properties.

Increase in noise from extractor fans

Noise from the flue extractor, fans and associated equipment can be conditioned to protect the amenities of adjoining properties. This can be achieved by ensuring that the equipment does not exceed background noise level when measured outside the window of the nearest noise sensitive or residential premises during daytime and night-time hours.

Encourages crime and ant-social behaviour

It is considered that a crime management plan, which would detail how potential crime risks would be mitigated including anti social activity, noise pollution and staff safety, should be secured by way of condition, if the application be approved.

Creation of parking problems and road safety issues, as there is limited parking provision in the area.

The site is not deemed to create an unreasonable stress on local parking facilities or have significant implications on the safe operation of this road. This is because it has a “very good” public transport accessibility level (PTAL) rating of 5. As such public transport is easily accessible to both staff and customers. Lambeth’s Transport and Highways Officers were consulted and raised no objections to the proposals on highway grounds. It should be noted that no deliveries by motorised vehicles such as mopeds are proposed from the premises. To ensure the continuation of this, it can be secured through a condition should permission be granted.

Large number of existing food outlets in the vicinity, overconcentration of use.

Given that the inclusion of this A5 unit results in less than 25% of units being in A3, A4 or A5 use and that no more than 2 out of 5 consecutive units would be in A3, A4 or A5 use, it is considered that this use within the local area does not result in overconcentration of the use.

Refuse and litter problems existing in the area made

Officers are of the consideration that there is sufficient space within the rear of the unit to adequately accommodate waste storage from the

6 Planning Policy Considerations

National Guidance

6.1 On 27th March 2012, the Government published the National Planning Policy

Framework.(NPPF) This document had the immediate effect of replacing various planning documents including PPS1, PPS3, PPS4, PPS5, PPS12, PPG13, PPG17 and Circular 05/2005:

worse by this unit

premises. Should the application be approved, the development could reasonably be conditioned to request details of proposed waste arrangements to be submitted to the Local Planning Authority for approval. This would ensure that the site complies with the requirements within the SPD on Waste and Recycling Requirements (2006) in terms of collection, location, and storage of general refuse, cooking oil and fat. In addition the Lambeth’s Food Safety officer has no objection.

5.3

22 letters of support were also received; the comments as follows:-

• Appreciation for this successful local business.

• Blame for issues arising from parking generated by all local businesses in parade being passed to this unit.

• Business provides a service for the local Caribbean community, as there is no other similar restaurant within the locality.

• Gentrification resulting in small local businesses being ‘pushed out’.

• Business provides employment.

• Claims of littering, antisocial behaviour and loitering are unfounded.

• So popular that it supports surrounding businesses through increased footfall

• Lambeth Council should support such businesses.

Internal consultation

5.4 Transport and Highways – No objection subject to a condition requiring the submission to the Council of a delivery management plan for consideration.

5.5 Regulatory Services Noise Pollution - No objection subject to a condition being placed on any consent relating to regulating noise levels from the proposed flue.

5.6 Regulatory Services Food Safety - No objection, subject to the proposed flue being 1m above the ridge line of the building.

External consultation

5.7 Brixton Society – No comments.

Planning Obligations.

6.2 The NPPF sets out Government planning policies for England and, how these are expected to be applied. Full weight should be given to the NPPF as a material consideration in taking planning decisions.

Local Planning Policies

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

6.4 The development plan in Lambeth is the Lambeth Local Development Framework (LDF) Core Strategy (adopted 19 January 2011); and the remaining saved policies in the Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011); and the London Plan (adopted July 2011).

The London Plan

6.5 The development plan in Lambeth is the Lambeth Local Development Framework (LDF) Core Strategy (adopted 19 January 2011); and the remaining saved policies in the Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011); and the London Plan (adopted July 2011).

6.6 The key policies of the London Plan considered relevant in this case are:

Policy 2.15 Town Centres Policy 4.1 Developing London’s economy Policy 4.7 Retail and Town Centre Development Policy 4.9 Small Shops Policy 6.9 Cycling Policy 6.13 Parking Policy 7.3 Designing out Crime Policy 7.15 Reducing Noise and Enhancing Soundscapes

Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5th August 2010

6.7 The key policies of the Lambeth UDP considered relevant in this case are:

Policy 4: Town centres and community regeneration Policy 7: Protection of residential amenity Policy 9: Transport impact Policy 14: Parking and traffic restraint Policy 19: Active frontage uses Policy 29: The evening and late night economy, food and drink and amusement centres uses Policy 32: Community safety/Designing out crime Policy 36: Alterations and extensions

Local Development Framework: Core Strategy January 2011

6.8 The key policies of the Lambeth Core strategy are considered relevant in this case are:

Policy S1: Delivering the Vision and Objectives Policy S3: Economic Development Policy S4: Transport Policy S8: Sustainable Waste Management Policy S9: Quality of the Built Environment

Supplementary Planning Documents (SPD)

6.9 The following SPD’s are considered relevant to this application are:

• Safer Built Environments (2008)

• Refuse and Recycling Storage Design Guide (2013)

• Waste and recycling Storage and Collection Requirements (2006)

7. Planning Considerations

Land Use

7.1

The current application seeks retrospective planning permission for change of use of the premises to hot food take-away (Use Class A5) and the installation of a new external extract flue on the rear elevation of the building.

7.2 Saved Policy 4(c) and (e) of the Unitary Development Plan state that development within Local Centres (such as the subject site) should be seen to maintain and enhance the vitality and viability of the retail/commercial function of the area. This is primarily to be achieved through ensuring that units are active frontage uses – Class A (i.e. retail, financial and professional services, food and drink etc.) or Class D (i.e. community facilities or leisure etc.). The scheme proposed by this application seeks to retain a Class A use at the subject premises and is therefore consistent with the objectives of Policy 4 of the UDP.

7.3 Policy S3 (d) of the Core Strategy supports schemes that promote the vitality and viability of major, district and local centres. There several shops in this local parade, which are vacant and appear to have been vacant for a while (see results of shopping survey in Table 1 below). The proposal would result in one less vacant unit in the parade, whilst retaining an active frontage. The proposal is considered to comply with the spirit and objectives of this UDP policy and is considered to be an appropriate development within this parade of shops.

7.4 Saved Policy 19 of the Unitary Development Plan also promotes uses with active frontages within town/district centres. Again, the proposed continuation of a Class A use at the site would comply with this policy objective.

7.5 Saved Policy 29 (ii) of the Unitary Development Plan enables the Council to prevent the local over-concentration of hot food and drink uses within shopping centres in order to promote and protect the variety of retailing in major town centres and district town centres as well as local

centres. This policy provision also helps to reduce adverse impacts on residential amenity, by controlling the closing hours, concentration and scale of development, which would create or add to unacceptable noise levels in residential neighbourhoods or increase the risk of public disorder (including the cumulative impacts of the proposal).

7.6 In order to avoid over-concentration and achieve these policy objectives, Policy 29 requires that no more than 25% of original units in local centres (such as this designated centre),major (including their designated core and the edge areas) and district town centres should be in A3 use. In addition, in order mitigate the impact of local over-concentration, the policy requires that no more than 2 out of 5 consecutive original units should be in A3 (and A4 or A5 following changes to the Use Classes Order in October 2011) use.

7.7 To test whether the proposal would lead to over-concentration of A3-A5 uses in the local centres, a land use survey was undertaken during the officer site visit on 22/11/2013. The survey found that out of the 58 existing units within the Acre Lane Local Centre, there are currently 14 units that have existing A3/A5 uses including the subject site. This equates to 24.7% of the units being in A3/A5 use. At the time that this application was submitted the adjacent shop (internet Café) at No.103 Acre Lane (then a Class A1 internet café did not have planning permission for its current use as a restaurant (Use Class A3).

7.8 However, following recent changes to the permitted development regime, a temporary two year planning permission for use as an A3 unit was granted on 2/09/2013 by virtue of Class D Part 4 of the Town and Country Planning (General Permitted Development Order) 1995 (As Amended). Therefore it would not be reasonable to include this unit in the survey as an A3 unit. In addition even if the adjacent unit at No.103 was to be included the proposals would not result in more than 2 in 5 consecutive units within A3/A4/A5 uses. The land uses that are in the local centre are set out in Table 1 below.

7.9 Officers are therefore satisfied that the continued use of the application property for Class A5 purposes would not result in an overconcentration of A3/A4/A5 use classes within this Local Centre and as such is policy compliant when assessed against Policy 29 of the UDP.

7.10 It is also officer consideration that one additional food and/or drink use within this local centre particularly given its small internal floor area of 17m2, would not create significant footfall and pedestrian movements, resulting in harmful impacts through noise and disturbance to the residents in Acre Lane and Strathlaven Road. Given the number of vacant shop units in the local centre it considered that this A5 unit would increase activity within the centre thereby enhancing its vitality and viability. In these respects the proposal complies with the requirements of saved Policies 4, 19 and 29 of the UDP and Policy S3 of the Core Strategy and is therefore acceptable from a land use perspective. Table 1: Land Use Figures within Acre Lane Local Centre

No.92- Retail – (Use Class A1) No.94- Vacant Unit No.96- Retail – (Use Class A1) No.98- Retail – (Use Class A1) No.100- Retail – (Use Class A1) No.102-Solicitor – (Use Class A2) No.104- Hot Food Takeaway (Use Class A5)

No.106- Hot Food Takeaway (Use Class A5) No.108- Hairdressers – (Use Class A1) No.110- Retail – (Use Class A1) No.112- Hot Food Takeaway (Use Class A5) No.114- Retail – (Use Class A1) No.116- Hairdressers – (Use Class A1) No.118- Hot Food Takeaway (Use Class A5) No.120- Hairdressers – (Use Class A1) No.122- Bookmakers– (Use Class A2) No.124- Bookmakers– (Use Class A2) No.126- Café – (Use Class A3) No.128- Retail – (Use Class A1) No.130- Hairdressers – (Use Class A1) No.132- Vacant Unit No.134 Beauty Salon – (Use Class Sui Generis) No.136- Retail – (Use Class A1) No.138- Retail – (Use Class A1) No.140- Restaurant – (Use Class A3) No.142- Funeral Directors – (Use Class A2) No.144- Vacant Unit No.146-Solicitor – (Use Class A2) No.148- Hot Food Takeaway (Use Class A5) No.150- Retail – (Use Class A1) No.152- Laundrette – (Use Class A1) No.154- Retail – (Use Class A1) No.156- Hairdressers – (Use Class A1) No.158- Hot Food Takeaway (Use Class A5) No.160- Hot Food Takeaway/ Restaurant (Use Class A3/A5) No.162- Estate Agent - (Use Class A2) No.164- Retail – (Use Class A1) No.166 –Taxi Office – (Use Class Sui Generis) No.168 –Solicitor-Vacant – (Use Class A2) No.190- Café – (Use Class A3) No.192- Restaurant – (Use Class A3) No.194 Beauty Salon – (Use Class Sui Generis) No.196- Funeral Directors – (Use Class A2) No.75- Estate Agent – (Use Class A2) No.77- Hot Food Takeaway (Use Class A5) No.79- Dry Cleaners– (Use Class A1) No.81- Retail- Vacant– (Use Class A1) No.83- Estate Agent - (Use Class A2) No.85- Vacant– (Use Class A1) No.87- Retail – (Use Class A1) No.89- Coffee Shop – (Use Class A3) No.91- Estate Agent– (Use Class A2) No.93- Retail- Vacant– (Use Class A1) No.95- Retail- Vacant– (Use Class A1) No.97- Retail – (Use Class A1) No.99- Hairdressers- Vacant– (Use Class A1)

No.101- Hot Food Takeaway/ Restaurant (Use Class A3/A5) No.103- Café – (Use Class A3) No.105- Estate Agent – (Use Class A2)

Amenity Impact Considerations

7.11 Saved Policy 4 of the UDP states that the development of food and drink uses (such as that being proposed) is subject to the requirement to maintain appropriate residential amenity. Policy S2 (Housing) of the Core Strategy also requires that high standards of residential amenity for existing and future residents are protected when considering new development.

7.12 Saved Policy 7 [Protection of Residential Amenity] states that ‘the right of people to the quiet enjoyment of their home will be respected’ and that in mixed use areas ‘the scale, design, intensity, concentration, and location of non-residential uses will be controlled in relation to residential uses to protect residential amenity’. Saved Policy 29 sets out controls over food and drink and late night uses to minimise the impact on the amenity of neighbouring occupiers.

7.13 The applicant states that the opening hours of the proposed A5 takeaway would be Monday to Friday 10.00am - 10.30pm, and on Saturday, Sunday and Bank Holidays 12.00 Noon – 8.00pm.

7.14 The application site is located within a Local Centre on an ‘A’ road. It is considered that noise levels within the area of the application site would be higher than those within the majority of residential areas, particularly given the location of the site on a busy road. It is considered that the change of use to a hot-food takeaway (A5) would not have an adverse impact on residential amenity in terms of noise and disturbance.

7.15 Regulatory Services Noise and Pollution officers reviewed the proposal and raised no objection to the scheme subject to a condition requiring that noise from the extraction equipment should not exceed existing background noise levels. In addition conditions would be added to any permission restricting noise levels from the extraction system and ensuring that no amplified sounds would be audible outside of the application site. In these circumstances, it is considered that the proposal would not have significant negative impacts on residential amenity and as such would comply with Policies 4, 7 and 29 of the UDP and Policy S2 of the Core Strategy.

7.16 All premises where hot food is prepared require direct extract ventilation of fumes likely to cause smell nuisance. Ideally all fumes and smells from any cooking process should be extracted through internal or external ducting, which is so designed that the ducting discharges at roof level. In instances where this is not practicable, an alternative solution which ensures that the best practicable means have been used to prevent, or to counteract the effects of, any possible nuisance should be utilised.

7.17 It is noted that several of the neighbouring properties to the rear of the application site have previously complained in relation to food smells from this existing unlawful A5 premises. The existing flue currently extracts at ground floor level and is the subject of enforcement proceedings. To reduce the impact of cooking smells, the applicant has indicated on the drawings submitted that a new extraction ducting is proposed which would follow the building line up and discharge 1m above the main roof to the rear of the unit through a vertical discharge cowl. The Environmental Health Officer has assessed the design of the proposed extraction

system shown on submitted plans ‘363/P/02/01’ and ‘363/P/03/01’ and has raised no objection to the application. Therefore it is considered that this arrangement would ensure that fumes and smells would be discharged away from residential windows. Conditions shall be included, should permission be granted, to require a maintenance plan for the proposed extraction system and to ensure that it is operated in strict accordance with the maintenance plan. Due to the proximity of neighbouring residents the new flue is critical to ensure that this take-away does not result in harm to the amenity of neighbouring residents. Therefore a condition is also required that would ensure that the flue is erected within three months of the date of the permission, and if this is not achieved then planning permission for the change of use of this unit would be removed.

7.18 Officers are satisfied this new arrangement would ensure that fumes and smells would be discharged away from residential windows. In the event of consent being granted conditions are recommended requiring a maintenance plan for the proposed extraction system, which would also ensure that it is operated in strict accordance with the maintenance plan. Due to the proximity of neighbouring residential properties, it is considered critical that the new flue does not result in harm to the amenity of neighbouring residents. To this end, it is a condition of this recommendation that the flue is erected within three months of the date of the permission. If this is not achieved planning enforcement action against to stop the use of the premises.

Conservation and Design Considerations

7.19 Policy S9 of the Core Strategy seeks to achieve the highest quality of design in all new buildings, alterations and extensions. Saved Policy 36 of the UDP requires alterations to properties to be in keeping with the existing building.

7.20 The only physical change to the exterior of the building that is proposed by this application is the installation of a ventilation and extraction flue to the rear of the application property. The extract duct would protrude approximately 1m above the main roof level.

7.21 The rear of the application site faces onto residential properties. The extraction duct would follow the building line so would not be in a visually prominent location and would not be highly noticeable from the rear elevation windows of these properties .It is therefore considered that the flue and attached cowl would not have a detrimental impact on the visual amenity to these properties or detract from the character and appearance of the surrounding area.

Transport and Highways Implications

7.22 Saved UDP Policies 9 and 14 advise that applications for planning permission will be assessed for their transport impact within a location, while setting maximum parking standards for commercial and domestic uses.

7.23

Policy S4 of the Core Strategy promotes walking and cycling, including improvements to existing provision and provision in and around new development for cycling, cycle parking, the public realm and transport and highway infrastructure.

7.24 No car parking or cycle parking is proposed. There have been several complaints relating to parking stress created by this A5 use. The site has a “very good” public transport accessibility level (PTAL) rating of 5. As such public transport is easily accessible to both staff and customers. The property is located on a busy ‘A’ road and Lambeth’s Transport and Highways

Officers were consulted and raised no objection to the proposals on highway grounds. The proposal would not have significant implications on the safe operation of the highway. It should be noted that no deliveries by motorised vehicles such as mopeds are proposed from the premises; a condition is attached to secure this provision.

7.25 It is therefore considered that the proposal would not create an unreasonable stress on local parking facilities and, t satisfies the requirements of saved UDP Policies 9 and 14 as well as Policy S4 of the Core Strategy and as such is acceptable in transport terms.

Waste Storage, Collection and Recycling

7.26 Policy S8 of the Lambeth Local Development Framework Core Strategy seeks to provide

sustainable waste management and recycling provision. More specifically, Lambeth's Guidance for Waste and Recycling Storage and Collection Requirements provides specific advice on refuse and recycling stores with regard to provision, location and access.

7.27 The above guidance states that restaurants and fast food outlets should provide 10,000 litres of waste storage for every 1000sqm of gross floor space. Officers are of the consideration that there is sufficient space within the rear of the unit to adequately accommodate waste storage from the premises. Although details of this have not been provided at this stage, should the application be approved, the development could reasonably be conditioned to request details of proposed waste arrangements to be submitted to the Local Planning Authority for approval. This would ensure that the site complies with the requirements within the SPD on Waste and Recycling Requirements (2006) in terms of collection, location, and storage of general refuse, cooking oil and fat. In addition the Lambeth’s Food Safety officer has no objection.

Community safety/Designing out crime issues

7.28 Saved Policy 32 of the UDP and Policy S9 of the Core Strategy seeks to ensure development enhances community safety. Saved Policy 29 of the UDP seeks to reduce over-concentration of A3/A4/A5 uses in order to mitigate the risk of public disorder/anti social behaviour and impact on community safety. Section 17 of The Crime and Disorder Act 1998 imposes an obligation on the Local Planning Authority to consider crime and disorder reduction in the assessment of planning applications.

7.29 The Crime Prevention Officer has not responded to consultation on this proposal. Given the concerns raised by local residents over the current operational use of the application, it is recommended that a crime management plan, which details how potential crime risks would be mitigated including anti social activity, noise pollution and staff safety should be secured by way of condition. In addition to this it is considered appropriate to ensure that the development complies with the physical protection measures as set out by secured by design, this would also be secured by way of condition should the application be granted permission.

7.30 The proposed opening hours are considered to reflect the existing partial night-time economy of the local area. The proposal is considered to comply with Saved Policy 32 of the UDP and Policy S9 of the Core Strategy.

8.0 Conclusion

8.1 Retrospective planning permission is sought for the change of use of the ground floor of the property to hot food takeaway (Use Class A5) involving the installation of a new external extract flue to the rear elevation of the building.

8.2 The only change to the exterior of the property would be the installation of an external flue which is considered to be acceptable in this location and, would not have a detrimental impact on the character and appearance of the building or the surrounding area.

8.3 It is considered that there would not an undue impact on neighbour amenity in respect of noise and disturbance, due partly to the existing background noise level within the area as well as the distance to residential properties and the proposed hours of operation as well as the number of A3-A5 units in the area. Noise mitigation measures are recommended as a condition of approval.

8.4 The site offers no parking but has a very good public transport accessibility level. It is officer consideration that the takeaway would not act as a destination venue in its own right and its trip and travel demand is incorporated into the existing demand associated with similar uses in the area.

9.0 Recommendation

9.1 Grant Planning Permission subject to conditions. Summary of Reasons:

9.2 In deciding to grant planning permission, the Council has had regard to the relevant Policies of

the Development Plan and all other relevant material considerations. Having weighed the merits of the proposal in the context of these issues, it is considered that planning permission should be granted subject to the conditions listed below. In reaching this decision the following Policies were relevant: Lambeth Unitary Development Plan (UDP) 2007: Policies saved beyond 5th August 2010: Policy 4, Policy 7, Policy 9, Policy 14, Policy 19, Policy 29, Policy 32, and Policy 36 Local Development Framework: Core Strategy January 2011: Policy S1, Policy S3, Policy S4, Policy S8, Policy S9 and Policy PN4.

Conditions

1 The development hereby permitted shall be carried out in accordance with the approved plans listed in this notice. Reason: For the avoidance of doubt and in the interests of proper planning.

2 The use of the premises as a hot food takeaway (Use Class A5) shall not take place outside the following hours: 10.00am – 10.30pm Monday to Friday 12.00noon – 8.00pm Saturday, Sunday and Bank Holidays

Reason: In order to protect the residential amenity of the locality in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies saved beyond 5th August 2010, Policy S2 of the Local Development Framework Core Strategy and Policy 7.15 of the London Plan (2011).

3 There shall be no amplified sound, speech or music from the application site which is audible at the nearest noise sensitive property. Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies as saved beyond the 5th August 2010 and Policy S2 of the Local Development Framework Core Strategy (2011).

4 Noise from the flue extractor and associated equipment shall not exceed background noise level when measured outside the window of the nearest noise sensitive or residential premises during daytime and night-time hours. Reason: To protect the amenities of adjoining properties and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan: Policies as saved beyond the 5th August 2010 and Policy S2 of the Local Development Framework Core Strategy (2011).

5 No deliveries shall be received at the approved development before 08:00 hours or after 20:00 hours Monday to Saturday and no deliveries shall take place on Sunday and Public/Bank Holidays. Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policies 7 and 29 of the Unitary Development Plan, Policy S2 of the Local Development Framework Core Strategy (2011), Policy 4A.20 of the London Plan.

6 No deliveries by motorised vehicles shall be undertaken from the premises. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway in accordance with Policies 9 and 14 of the Unitary Development Plan, Policy S4 of the Local Development Framework Core Strategy (2011), Policy 4A.20 of the London Plan.

7 Within three months of the date of this permission details of a waste management plan shall be submitted to and approved in writing by the Local Planning Authority. The waste management plan, which shall include details of the disposal of customer litter, provision of recycling and waste from the cooking process (including the disposal of fat/oil) shall be implemented in accordance with the approved details for the duration of the use . Reason: To ensure that adequate provision is made for the storage of refuse and the provision of recycling facilities on the site, in the interests of the amenities of the area (Policy S8 of the Core Strategy (2011).

8 Within three months of the date of this permission details of a Crime and Safety Management Plan (CSMP) shall be submitted to the local planning authority. The CSMP shall include details of any CCTV coverage, and any other measures that will be taken to mitigate potential crime risks including robbery, anti-social activity, noise pollution and risks to staff safety/welfare. All equipment and measures approved as part of the CSMP shall be installed within three months of the local planning authorities decision and thereafter be retained for the duration of the use. The use shall operate at all times in accordance with the approved CSMP.

Reason: To prevent crime and disorder occurring within and in the immediate vicinity of the site and in the interest of public safety (Saved Policy 32 of the Unitary Development Plan: Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011).

9 The use of the premises as a hot food takeaway (Use Class A5) shall not operate until the proposed flue/extraction system has been fully installed. The flue/extraction system shall thereafter be retained - and remain operational - for the duration of the use. Reason: To protect the amenities of adjoining occupiers. (Policies 7, 29 and 33 of the London Borough of Lambeth Unitary Development Plan (2007): Policies saved beyond 5 August 2010 and not superseded by the LDF Core Strategy January 2011 and S9 of the LDF Core Strategy (January 2011)).

Informatives:

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

2 You are advised that this permission does not authorise the display of advertisements for alterations to the shopfront at the premises and separate consent(s) may be required from the Local Planning Authority under the Town and Country Planning (Control of Advertisements) Regulations 1992.

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

4 In relation to condition 7 of this consent, you are advised that The London Borough of Lambeth's ‘Refuse and Recycling Storage Design Guide’ (2013) and the 'Waste and Recycling Storage and Collection Requirements: Guidance for Architects and Developers' (May 2006) is available on the planning pages of the Council's website: www.lambeth.gov.uk. You are advised of the necessity to consult the Council's Streetcare team within the Public Protection Division with regard to the provision of refuse storage and collection facilities.

5

Your attention is drawn to the need to comply with the requirements of the Control of Pollution Act 1974 concerning construction site noise and in this respect you are advised to contact the Council's Environmental Health Division.

6

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

7

You are advised to consult the Council's Environmental Health Division concerning compliance with any requirements under the Housing, Food, Safety and Public Health and Environmental Protection Acts and any by-laws or regulations made there under.

8

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

9

Thames Water recommends the installation of a properly maintained fat trap on all catering establishments. We further recommend, in line with best practice for the disposal of Fats, Oils and Grease, the collection of waste oil by a contractor, particularly to recycle for the production of bio diesel. Failure to implement these recommendations may result in this and other properties suffering blocked drains, sewage flooding and pollution to local watercourses. Further information on the above is available in a leaflet, 'Best Management Practices for Catering Establishments' which can be requested by telephoning 020 8507 4321.

__________________________