Agenda item

Change of use of ground floor from warehouse (Class B8) to Art Gallery (Class D1) and New Window to ground floor.

 

POST SUBMISSION REVISION - New window at ground floor.

 

8.1  The Planning Officer introduced the report, as set out in the agenda.

 

8.2  Laura Newby spoke in objection of the scheme, her comments are summarised as follows:

 

§  Speaking on behalf of residents, she is the owner of the property.

§  Lack of clarify regarding the procedural process and the consultation of neighbours in Tower Hamlets.

§  Wished to receive clarification that the development would not be used for their own purposes, in order to enhance the marketability of the site.

§  Wanted to know the benefits for the community and opening hours.

§  Primarily a residential area.

§  Issue of noise and traffic safety, as a result of the narrow road.

 

8.3  Mark Jackson spoke in support of the scheme, his comments are summarised as follows:-

 

§  Non-profit art gallery that wishes to locate to larger premises, following the achievement of various awards and a grant.

§  They are a community organisation and they previously conducted surveys in Broadway Market to gauge interest in the proposal, which had received a positive response.

§  The opening hours are until 11pm Monday – Saturday and until 10pm on a Sunday.  This allows them to carry out talks in the evening on an infrequent basis, as undertaken at their previous location.

§  The addition of a window to the front of the property was deemed acceptable, as there had been one there in the past.

§  An enclosed foyer was being incorporated into the design, in order to reduce the level of noise generated.

 

8.4  Councillor Buitekant wished to clarify whether the neighbouring residents in Tower Hamlets had been consulted.  The Planning Officer confirmed that these residents had been consulted and were also notified of the meeting.  The main issue raised was regarding the potential impact on the Regents Canal Conservation Area. 

 

8.5  The Chair raised the issue of potential use for the premises and the Planning Officer confirmed that it was restricted to Class D1 use.

 

 

 

Unanimously RESOLVED that:-

 

 

  Boundary Wall …..

 

1.  SCB0 - Development only in accordance with submitted plansSRB0

The Development hereby permitted shall only be carried out and completed strictly in accordance with the submitted plans hereby approved and any subsequent approval of details.

 

REASON: To ensure that the development hereby permitted is carried out in full accordance with the plans hereby approved.

 

2.  SCB1N - Commencement within 3 years

SRB1

The development hereby permitted must be begun not later than the expiration of three years beginning with the date of this permission.

 

REASON: In order to comply with the provisions of the Town and Country Planning Act 1990 as amended.

 

3.  SCM1 - Materials to Match

  SRM1

All new external finishes in respect of all works hereby approved (and any other incidental works to be carried out in this connection) shall match the existing building in respect of materials used, detailed execution and finished appearance.

 

REASON: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

4.  SCG1 - Hours of use 

The use hereby permitted may only be carried out between 09:00 hours and 23:000 hours Monday to Saturday, 10:00 hours and 22:30 hours on Sunday

 

REASON: To ensure that the use is operated in a satisfactory manner and does not unduly disturb adjoining occupiers or prejudice local amenity generally.

 

5.  SCG5 - Restriction of Use

The premises shall be used for D1 (Art Gallery) purposes and for no other purposes including any other purpose in any Class/es of any Schedule to the Town and Country Planning (Uses Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order.

   REASON: In order to protect the amenity of neighbouring residents.

 

6.  SCN1 - Details of Soundproofing

Full particulars and details for the provision of an adequate soundproofing scheme between the Class D1 use and residential uses on upper floors shall be submitted to and approved by the Local Planning Authority, in writing, before the commencement of works on site, and subsequently installed in the building in a satisfactory manner, before the development is first occupied/use commenced.

 

REASON: In order to minimise the transmission of noise and vibration between and within units in the interests of providing satisfactory accommodation.

 

7.  SCN3 - Noise Levels on the Boundary

The level of noise due to the development hereby permitted as measured at the boundaries of the site at any time shall not exceed the existing ambient background noise level.

 

REASON: To avoid serious disturbance to and adverse effects upon the environment of the occupiers of nearby residential properties.

 

8.  SCM7 - Details of Materials

Detailed drawings/full particulars of the proposed development showing the matters set out below must be submitted to and approved by the Local Planning Authority, in writing, before any work is commenced. The development shall not be carried out otherwise than in accordance with the details thus approved.

 

·  new window

 

REASON: To ensure that the external appearance of the building is satisfactory and does not detract from the character and visual amenity of the area.

 

INFORMATIVES

 

  The following Informatives should be added:

 

SI  Reason for approval:

 

The following policies contained in the Hackney Unitary Development Plan 1995 are relevant to the approved development/use and were considered by this Council in reaching the decision to grant planning permission: 

 

  EQ1 [Development Requirements], EQ40 [Noise control], ACE 1[New Arts, Culture and Entertainment Development], ACE 2 [Promoting the development of Arts, Cultural and Entertainment Facilities], ACE 4   [Art and Art Space], ACE 8 [Planning Standards]

 

SI.1  Building Control

 

Your attention is drawn to the provisions of the Building Act 1984 and other Building Control legislation, which must be complied with to the satisfaction of The Planning and Transportation Service, Dorothy Hodgkin House, 12 Reading Lane, London, E8 1HJ. Telephone No: 020 8356 5000. Before any building work (including improvements to means of escape and changes of use) is commenced on site, detailed plans, together with the appropriate application form must be submitted for approval and early consultation is advised.

 

S3  Hours of Building works

 

Your attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 which imposes requirements as to the way in which building works are implemented including the hours during which the work may be carried out. This Act is administered by the Councils Pollution Control Service, 205 Morning Lane, London, E9 6JX (Telephone: 020 7356 5000) and you are advised to consult that Division at an early stage.

 

SI.3   Sanitary, Ventilation, and Drainage Arrangements

 

Before any drainage works are commenced on site, detailed plans, giving notice of intention to build/permission to drain/construct/reconstruct or alter pipes and drains must be submitted for approval under the Building Regulations 1991 to the Planning and Transportation Service, Dorothy Hodgkin House, 12 Reading Lane, London, E8 1HJ, Telephone No: 020 8356 5000. Please note that it will be necessary to consult the Thames Water Utilities Ltd., Waste Water Connections, Kew Business Centre, Brentford, Middlesex, TW8 0EE. Telephone No: 020 7713 3865, Fax No: 020 7713 3875.

 

1)  All information appertaining to the existing public sewerage system.

2)  Requests for sewer connections. All works will be carried out by the London Borough of Hackney at the applicant expense. All new developments will be required to have new sewer connections.

3)  Building over sewers.

4)  System of drainage to be provided on site.

5)  Adoption of sewers.

 

Advisory Note:

 

It should be noted that most sewers throughout the Borough flow full or surcharge during periods of heavy storm and conditions may be imposed restricting discharge to the system. The prime condition is that any large development shall not cause an increase in the rate of flow to the public sewerage system. This requirement is normally met in the case of new developments by separation on site and storage of surface water flows in tanks or oversized pipes on sites. Where sites adjoin a suitable watercourse or storm relief sewer into which surface water can be discharged by gravity then the policy is for sites to be separated and have their surface water discharged to the watercourse or storm relief sewer. In the case of developments/ rehabilitation/ conversions etc., involving the use of basements these are likely to be particularly vulnerable to the effects of surcharge and applicants must therefore demonstrate that adequate drainage arrangements exist at all times.