Agenda item

17 Bellefields Road (Ferndale) 18/04311/FUL

Officer’s recommendations:

 

1.    Resolve to grant conditional planning permission subject to the completion of an agreement under Section 106 of the Town and Country Planning Act 1990 (as amended) containing the planning obligations listed in the report.

 

2.    Agree to delegate authority to the Assistant Director of Planning, Transport and Development to:

 

a.    Finalise the recommended conditions as set out in the report, addendums and/or PAC minutes; and

b.    Negotiate, agree and finalise the planning obligations as set out in the report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended).

 

3.    In the event that the committee resolves to refuse planning permission and there is a subsequent appeal, delegated authority is given to the Assistant Director of Planning, Transport and Development, having regard to the heads of terms set out in the report, addendums and/or PAC minutes, to negotiate and complete a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended) in order to meet the requirement of the Planning Inspector.

 

4.    In the event that the Section 106 Agreement is not completed within six months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in the report, addendums and/or the PAC minutes.

 

Minutes:

Case No. 18/04311/FUL (agenda item six, page 219 of the agenda pack, page 7 of the addendum and page 11 of the second addendum).

 

The Planning Officer gave a presentation which included a summary of the report and subsequent addenda that had been published on Friday 01 March 2019 and the day of the meeting. Members were advised of the key material planning issues for consideration which included the demolition of the existing building and erection of a 3/4/5 storey building with office and restaurant/bar use, the unimplemented planning permission from 2013 and 2015, the acceptable impact on daylight and sunlight and the amenity impact on neighbouring properties.  Members were shown images of the site and its context, views to the site and images of the proposal.

 

Following the officer’s presentation, the objectors raised the following concerns:

·         Although Bellefields Road was near the centre of Brixton, it was a quiet road.  Noise from Brixton Academy was limited, whereas the proposal would be used daily.

·         The nearby Canova Hall restaurant had recently opened and there had been issues with noise.  It was likely that the restaurant associated with this application would have similar issues.

·         There were issues of streets urination, litter and anti-social behaviour, with increases since Canova Hall opened.

·         Stockwell Avenue was partly pedestrianised, but private hire drivers regularly drove along it to reach Canova Hall.  There were then impacts on congestion in Bellefields Road.

·         Objectors wanted to know where the smoking area would be located.

·         There were already issues surrounding parking on Bellefields Road, and the application would exacerbate them.

 

The applicant and agent then provided the following information in support of the application:

·         The section of Stockwell Avenue that the application site was on was commercial in character, and the site was within the Brixton major centre and primary shopping area.

·         The restaurant/bar entrance would be on Stockwell Avenue, as far as possible from Bellefields Road.  There would be a lobby to prevent noise escape.

·         The proposal would remove the alcove mentioned by objectors that was used for street urination.

·         The applicant had made significant investments in Brixton, and schools and community groups used the applicant’s other building.  The need to respect neighbours was emphasised to visitors.

·         The office element application would provide space for start-ups and the restaurant element would support other uses in the building.

 

At 22:00 the Committee elected to proceed with the meeting for a maximum of a further 45 minutes in order to conclude the remaining matters of business.

 

Officers then provided the following information in response to questions from Members:

·         Conditions would restrict seating areas for the restaurant/bar element.

·         The pedestrianized part of Stockwell Avenue allowed vehicle access for servicing and the Blue Star House car park, so access could not be removed completely. 

·         The surface of Stockwell Avenue indicated that it was a ‘shared space’ for vehicles, cycles and pedestrians.

·         As part of the application, a loading bay would be created on Bellefields Road, with the intention of reducing delivery vehicles on Stockwell Avenue.  Use of the loading bay would not be restricted to the application site.

·         Any changes to Stockwell Avenue to make it less attractive for servicing and private hire vehicles would be separate to the application.

·         10-11 vehicle movements for servicing were expected as part of the application, so further interventions through the s106 Agreement or through s278 could not be justified.

·         The Design out Crime officer had stated that the application could meet Design out Crime requirements. Measures to reduce anti-social behaviour would be part of the Visitor Management Plan.

·         Waste storage would be on the ground floor and would be accessed from Bellefields Road.  There would be daily collections due to the waste from the restaurant use.  Conditions required bins to be returned to the store and for precise collection times to be set.

·         There were 140 expected employees for the office space, and 164 covers for a restaurant or 320 covers for a bar.  Officers were confident that Stockwell Avenue would be able to accommodate the increase in pedestrians.

 

The Committee considered points raised by speakers and information provided by officers in conjunction with the report before making the following observations:

·         The design was of a high standard, with a good quality of materials.

·         The provision of office space, particularly for start-ups, was positive.

·         The active frontage on Stockwell Avenue could complement the area can could provide surveillance to prevent anti-social behaviour.

·         The application raised the need to look more widely at the use of Stockwell Avenue, but that could not be done as part of this application.

·         Stringent conditions would be needed to prevent an undue impact on neighbouring residents. The restriction on the use of the roof terraces was welcome and reflected the office use of the upper floors.

 

The Assistant Director for Planning, Transport and Development stated that the Committee could require that details of the condition regarding the Customer Management Plan come back to Committee for approval, but needed to consider whether this would be proportionate to the size and type of application. 

 

It was MOVED by Councillor Kind, SECONDED by Councillor Thackray, and

 

RESOLVED, unanimously

 

1.    To GRANT planning permission subject to a Section 106 Agreement and the conditions as outlined in the officer’s report and published addenda and the following:

i.    Condition 25 to be amended to encourage the use of sustainable modes of transport

ii.   An informative to explore the addition of CCTV to achieve Secure by Design objectives.

iii. An informative requesting that the Customer Management Plan be developed in consultation with Ward Councillors

 

2.    To delegate authority to the Assistant Director of Planning, Transport and Development to:

a.  Finalise the recommended conditions as set out in the report, addendums and/or PAC minutes; and

b.  Negotiate, agree and finalise the planning obligations as set out in the report, addendums and/or PAC minutes pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended).

 

3.    In the event that the Section 106 Agreement is not completed within six months of committee, delegated authority is given to the Assistant Director of Planning, Transport and Development to refuse planning permission for failure to enter into a section 106 agreement for the mitigating contributions identified in the report, addendums and/or the PAC minutes.

 

Supporting documents: