Agenda item

This report relates to 3 applications:

 

A) Application for planning permission for:

Subdivision and change of use from A4 Public House to one A2 unit (Betting office) and one A4 unit (Drinking Establishment), Ref. 12/00371/COU;

 

Recommendation:  – REFUSAL

 

B) Application for planning permission for:

Alterations to external facade of listed building and other external works including erection of railings and gates, new paving, removal of flues and installation of shutters (The works are part retrospective, part proposed), Ref. 12/00369/FUL; and

 

Recommendation:  – APPROVAL

 

C) Application for listed building consent for:

Internal and external alterations to listed building (Works are part retrospective, part proposed) Ref. 12/00370/LBC.

 

Recommendation:  – APPROVAL

 

Director Strategic Regeneration, Planning & Olympic Legacy. (Enclosure). 

A) Application for planning permission for:

Subdivision and change of use from A4 Public House to one A2 unit (Betting office) and one A4 unit (Drinking Establishment), Ref. 12/00371/COU;

 

B) Application for planning permission for:

Alterations to external facade of listed building and other external works including erection of railings and gates, new paving, removal of flues and installation of shutters (The works are part retrospective, part proposed), Ref. 12/00369/FUL; and

 

C) Application for listed building consent for:

Internal and external alterations to listed building (Works are part retrospective, part proposed) Ref. 12/00370/LBC.

 

Katie Turvey, Agent for the application, addressed the meeting in support of the application.

 

Ms Turvey said that 2 of the 3 applications were supported by Officers, with a recommended for approval.

 

In relation to application A, Change of Use, Ms Turvey said that the applicant could separate into 2 A4 units without planning permission; could change to an A2 Betting shop without planning permission.

 

Ms Turvey said that the application would bring benefits to the local area, including improvements to street scene and new jobs.

 

Ms Turvey said that she did not consider the application would have a harmful impact.  Regarding the Council Policies on Betting Shops, she stated that the site was allocated a distance to Green Street Town Centre; therefore the policy on betting shops was not relevant.  With regard to the over-concentration, she added that there were no betting shops within the immediate area; one shop opposite the site, others 300 and 1,000 metres away.  She added that this was not considered an over-concentration.

 

With regard to crime and disorder, she did not consider that robust evidence was presented to support this.  There was no direct correlation to support that the crime hot-stops in Katherine Road were linked to the premises; no robust evidence to prove that Paddy Power betting shops had a harmful impact.

 

With regard to the level of access, this could be dealt with by way of a condition; temporary ramp, as the building was listed.

 

In response to a question from Councillor Rahman as to how many new jobs would be created, Ms Turvey estimated up to 10 full and part-time jobs.

 

The Chair observed that Betting shops usually employ 2 full time, and a number of part-time staff.

 

Councillor Rahman commented that there are a number of family businesses nearby, and that residents did not feel safe walking pass the Betting shops.

 

Ms Turvey said that Paddy Power managed premises in a variety of areas and run successful shops.  She repeated that they could change to an A2 betting shop without planning permission, if they wished to.

 

In response to Councillor Gangadharan question on opening hours, MS Turvey said the opening hours had not been established, but are normally open until 9/10pm, slightly later than normal retail.

 

Councillor Christie asked Ms Turvey, what did Paddy Power considered to be an over-concentration of shops.  Ms Turvey said that normal policy would be how many were in a particular parade.

 

Councillor Thomas commented that the Betting Shop was also subject to a license approval.

 

In exercise of delegated authority the Committee considered a report of the Executive Director Strategic Commissioning & Community outlining the application for the above site.

 

The Presenting Officer gave a presentation of the application before the Committee, which included the following update:

 

A.  Drawing ref: BR014 Rev A (proposed courtyard elevations) be included within the agreed plans of Listed Building Consent 12/00370/LBC.

 

B.  Condition 3 attached to planning decision 12/00369/FUL be re-worded to the following:

 

“Prior to commencement of works to the rear yard”

 

C.  The equalities section to paragraph 6.6 of the report should read:

 

“In determining this planning application the Council has regard to its equalities obligations including its obligations under section 149 of the Equalities Act 2010”

 

For the purposes of this application the equalities issues have been covered in section 6.6 – Assessment of the report”.

 

The Presenting Officer drew the Committee’s attention to page 11 of the agenda, and advised that if the Committee were likely to agree the recommendations, ‘the premises will be monitored by officers and that any future unauthorised use works are likely to be subject to enforcement action’.

 

In response to a question from Councillor Taylor as to how long the premises were vacant, Officers advised that the former Public House had been closed for 12 months and had run into disrepair.  The Presenting Officer added that the general works carried out were to the benefit of the building and would benefit further use.

 

The Presenting Officer confirmed that there was a beer garden to the rear of the property, which was adjacent to neighbouring property.

 

The Presenting Officer summarised the ‘fallback position’ as detailed on page 17 of the agenda.

 

The Presenting Officer also highlighted the statement from the Metropolitan Police advising of the crime and anti-social behavioural issues associated with the nearby betting shops.

 

The Chair called for decision on the recommendation.

 

There being a vote for Application A, the Members declared as follows:

 

In Favour of the recommendation to REFUSE  10

Against recommendation to REFUSE   1

 

Decision

 

Local Development Committee agreed:

 

A) Subdivision and change of use from A4 Public House to one A2 unit (Betting office) and one A4 unit (Drinking Establishment) to REFUSE planning permission for the following reasons:

 

1. The introduction of an additional betting shop in this locality would result in an over-concentration of similar uses and further detract from the Council’s spatial objectives for regeneration and place-making in delivering mixed and sustainable communities, contrary to the National Planning Policy Framework, adopted March 2012 and to Policies S1, S6, SP1, SP3, SP6, SP7, INF5 of the London Borough of Newham Core Strategy (adopted 26 January 2012) and Policies 7.1, 7.3 and 7.4 of the London Plan (adopted July 2011).

 

2. The proposed A2 betting office, by reason of its ribbon location on a key corridor and in an out-of-town centre location is deemed unacceptable and considered to detract from the overall viability and vitality of the Borough’s designated centres, and thereby be detrimental to the spatial regeneration objectives of the Council in delivering mixed and sustainable communities. The proposal is therefore contrary to the National Planning Policy Framework, adopted March 2012 and to Policies S1, S6, SP1, SP6, SP7, J1 and INF5 of the London Borough of Newham Core Strategy (adopted 26 January 2012) and policies 2.15, 4.1, 4.7, 4.8 and 7.1 of The London Plan (adopted July 2011).

3. The introduction of an additional betting shop in this locality would be likely to increase the potential for anti-social and criminal behaviour in the locality, and would conflict with the Council’s objectives for the creation of a socially inclusive, safe and welcoming environment at this location. The proposal is therefore considered to fail to comply with the National Planning Policy Framework, adopted March 2012, and with Policies 2.15, 4.7, 7.3 of the London Plan (adopted July 2011), and Government Guidance 'Safer Places, the Planning System and Crime

Prevention' published 2004.

 

4. The proposed development by reason of the stepped access has not been designed to be accessible to all users including wheelchair users and those with disabilities, and is therefore contrary to the National Planning Policy Framework Policy, March 2012 and to Policy 7.2 of the London Plan (adopted July 2011) and Policies SP1 and SP3 of the Newham Core Strategy (adopted 26th January 2012).

 

Informatives:

1. The applicant is reminded that the Council will continue to monitor the site and any unauthorised works are likely to be subject to enforcement action.

 

B) Alterations to external facade of listed building and other external works including erection of railings and gates, new paving, removal of flues and installation of shutters (The works are part retrospective, part proposed).

 

Agreed the reasons for approval as outlined in the report and granted planning permission subject to the conditions set out below:

 

Conditions

 

1. The development to which this permission relates must be commenced not later than the expiration of THREE YEARS from the date of this permission.

 

Reasons: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

 

2. All works are to be completed in accordance with drawings BR001, BR002, BR003 Rev A, BR004 Rev A, BR005 Rev A, BR010 Rev A, BR012 Rev A and BR0022 Rev A, dated January 2012 and prepared by NP Designs. No further drawings or documents apply, unless otherwise approved in writing by the Local Planning Authority.

 

Reasons: To ensure that the development is constructed in accordance with the approved details and to protect the local amenity with regard to the National Planning Policy Framework, adopted March 2012, Policies 7.4, 7.5, 7.6 and 7.8 of the London Plan, (adopted July 2011) and Policies S1, S6, SP1, SP2, SP3, SP5 and SP7 of the Newham Core Strategy (adopted 26th January 2012).

 

3. Prior to the commencement of any works on the site, a plan showing the proposed landscaping scheme shall be submitted to and be approved by the Local Planning Authority. The scheme shall include the following:

 

i. Full details of plants and trees (common and Latin names, size and pot height; density or number, tree girth and method of growth i.e. container or open ground).

ii. Maintenance schedule

iii. Full details of materials to be used on paved areas and other hard surfaces iv. Suppliers or manufacturers

v. Guide to construction

vi. Paving/fencing/colours/finishes

vii. Location of lighting and details of lighting levels (wattage)

viii. Any play equipment (specs, manufacturer, British or European Standard)

ix. Any features or artworks

x. All furniture

 

All planting, seeding or turfing shall be implemented in the first planting season following occupation of the buildings or the substantial completion of the development, whichever is the sooner.

 

Any plants or trees that die or are removed, damaged or diseased within a period of FIVE years from the substantial completion of the development shall be replaced to the satisfaction of the Local Planning Authority in the next planting season with others of a similar size and species, unless the Local Planning Authority gives written consent for a variation.

 

Reasons: To ensure a satisfactory standard of external appearance of the development and with regard to Policy EQ15 of the London Borough of Newham Unitary Development Plan (saved by the Secretary of State in 2007 and not deleted on adoption of the Core Strategy on 26th January 2012).

 

Reasons for the Recommendation

The proposed external works are considered to be acceptable as they will enhance the character and appearance of the listed building in accordance with the relevant development plan policies.

 

Informatives:

1. The applicant is reminded that the Council will continue to monitor the site and any unauthorised works are likely to be subject to enforcement action.

2. The applicant is reminded that planning permission does not exist for use as a betting office. This decision does not confer planning permission for such use, and no works hereby approved should be undertaken in connection with such a use unless and until such time as all relevant permissions are in place.

 

C) Internal and external alterations to listed building (Works are part

retrospective, part proposed).

 

1. Agree the reasons for approval as outlined in the report and granted listed building consent subject to the conditions set out below.

 

Conditions

 

1. The development to which this permission relates must be commenced not later than the expiration of THREE YEARS from the date of this permission.

 

Reasons: To comply with Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act, 1990.

 

2. All works are to be completed in accordance with drawings BR001, BR002, BR003 Rev A, BR004 Rev A, BR005 Rev A, BR010 Rev A, BR012 Rev A and BR0022 Rev A, dated January 2012 and prepared by NP Designs. No further drawings or documents apply, unless otherwise approved in writing by the Local Planning Authority.

 

Reasons: To ensure that the development is constructed in accordance with the approved details and to protect the local amenity with regard to the National Planning Policy Framework, adopted March 2012, Policies 7.4, 7.5, 7.6 and 7.8 of the London Plan, (adopted July 2011) and Policies S1, S6, SP1, SP2, SP3, SP5 and SP7 of the Newham Core Strategy (adopted 26th January 2012).

 

3. All new works and works making good to the retained fabric of the building, whether internal or external, shall be finished to match the original work, with regard to the methods used and to material, colour, texture, profile and the cast of brickwork, facebond and pointing. There shall be no variation to the above without the written approval of the Local Planning Authority which must be attained prior to the commencement of works on that part of the building.

 

Reasons: To ensure the preservation of the special architectural & historic interest of the Listed Building and with regard to the National Planning Policy Framework, adopted March 2012 and to Policy SP5 of the London Borough of Newham Core Strategy (adopted January 2012).

 

Reasons for the Recommendation

The proposed internal works are considered to be benign and fully reversible. The external works will enhance the character and appearance of the listed building.

 

The proposed listed building works are therefore considered acceptable in accordance with the relevant development plan policies.

 

Informatives:

1. The applicant is reminded that the Council will continue to monitor the site and any unauthorised works are likely to be subject to enforcement action.

 

 2. The applicant is reminded that planning permission does not exist for use as a betting office. This decision does not confer planning permission for such use, and no works hereby approved should be undertaken in connection with such a use unless and until such time as all relevant permissions are in place.

 

The Committee noted that the premises are being monitored by officers and that any future unauthorised works are likely to be subject to enforcement action.