Agenda item

Brixton Village (Coldharbour) - 19/00559/FUL

RECOMMENDATION 

 

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 containing the planning obligations listed in this 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 this report, addendums and/or PAC minutes; and

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

 

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 this report and PAC minutes, to negotiate and complete a document containing obligations pursuant to Section 106 of the Town and Country Planning Act 1990 in order to meet the requirements of the Planning Inspector.

 

4.         In the event that the Section 106 Agreement is not completed within six (6) 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 this report and the PAC minutes.

Minutes:

Case No. 19/00559/FUL (agenda item 02, page 1 of the agenda pack, and page 01 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 3 May 2019 and the day of the meeting. Members were advised of the key material planning issues for consideration which included the change of use for the ground floor units to flexible A1/A3 use. The presentation included images showing the proposed uses. The second addendum included an additional condition 12.

 

As part of the management plan, two points of exit would be available after 23:30hrs onto Atlantic Road. Policy PN3, which applies to the site, sets an acceptable mix of uses in Brixton. The Section 106 Agreement and Conditions 10 and 11 would ensure an adequate mix of units.

 

The Market is in the Brixton Conservation Area and Grade 2 listed with entrances on Popes Road, Atlantic Road, and Coldharbour Lane.

 

 As part of the proposal, at least 50% of the units (42 units) identified would remain within Class A1 (shops) use with no more than 50% of the units (41 units) within the market being used within Class A3 (food & drink) use.

The proposal will extend market trading on Mondays until midnight to provide consistency with the remainder of the week and would allow an additional hour of opening each day after the public have left at midnight to allow market staff to clean the premises.

 

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

 

           Although all of the units were included in the change of use application, no specific units were identified for a change of use. It was anticipated that an increase in the number of A3 units would increase footfall within the market.

           Brixton Market was a diverse cultural pillar within the community which brings people of different nationalities and backgrounds together.

           This application would help to protect the unique character and cultural commodity of the market.

           There were a number of commitments, updating the lighting, free Wifi, accessible toilets, cash point and building improvements, integrity, increased CCTV and a reduction of litter.

           New traders’ applications would be looked at with favour especially if they had strong links to the borough and Brixton. 

 

           The council’s policy PN3 allows a 50 50 split ground floor change of use. This change would not be implemented immediately.  

           The management plan, which works in close cooperation with officers, strives to deliver better facilities for traders and customers.

           The applicant is working with the local community and charities, such as by supporting the opening of a black ethnic book shop in the market, working with Brixton Kitchen to offer free six-month leases and by supporting Windrush Day events.

           It was encouraged that local traders in the market were given the first option of obtaining any vacant plots in line with the Section 106 agreement.

 

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

 

           Listed Building Consent would be required to do internal works to improve accessibility – but efforts were being made to improve accessibility taking into account conservation considerations.

           It was stated that new tenants would only be brought in and managed when units became available. Existing tenants had seen revenues fall due to certain conditions, such as higher vacancy in certain areas and different trading hours.

           The proposal would affect people positively and help create greater local trade. Offers would be made to local residents and businesses first, an on-site management team will be available, and vacancies would be advertised through the Council’s street traders website.

           Trading hours would be adjusted and Condition 7 could be amended to include ‘all trading’ to prevent trading after midnight. Operating hours would be subject to the Licensing regime.

           The conditions allowed a minimum of 50% A1 floorspace, and a maximum of 50% A3 floorspace.

           Locations of the substation would not result in the loss of retail.

           The applicant was in discussion with the Lambeth Food Network and several similar organisations with regard to food growing and production.

           The same business would operate the ground floor and linked mezzanine level unit, and any splitting of units would require listed building consent.

           Condition 8 should be deleted as it was a duplication of Condition 7.

           Condition 6 should be amended to include the hours of servicing and deliveries. Surveys have been undertaken and it was noted that there has been a decline in footfall over the last three years. Vacant uses are a disincentive for visitors. Some parts are occupied with day time traders. There is currently a decline in footfall in the evenings. By introducing the idea of being expense led with hot food being cooked along with vegetables for sale.

           The Lambeth street trading website will allow applicants to ask questions, find out vital information and apply for future vacant plots.

           If an applicant is a member of the borough they would be considered with a greater priority than a non-resident.

           If several people apply for the same plot, a member of the Traders team will aim to make the decision in the fairest and best way.

           This application provides a positive approach for the future of the markets.

           The management plan would secure local advertising when units became available.

 

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

 

           Condition 12 should be amended to make clear that the mezzanine units in Market Row should not be separated from the linked ground floor units without further permission on the grounds of accessibility with reference to Policy Q1 being made in the reason for the condition.

 

 

It was MOVED by Councillor Wilcox, SECOND by Councillor Clark, 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 6 a) and b) to be amended to include the hours of deliveries to the site and other servicing vehicles such as refuse collections.

ii.         Condition 7 to be amended to add “or trade” after “the general public”.

iii.        Condition 8 to be removed.

iv.        Condition 12 be amended to include the reason of accessibility relating to Policy Q1 and to remove “unless otherwise agreed in writing by the Local Planning Authority”.

 

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

a)         Finalise the recommended conditions as set out in this 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.

 

3.         In the event that the Section 106 Agreement is not completed within six (6) 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 and the PAC minutes.

 

 

Supporting documents: