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Section 2 – Application Summary

Location Norfolk Mansions, 108 Streatham High Road, London, SW16 1DE

Ward St Leonards

Proposal Application

Retention of the basement and ground floor rear extension and air-conditioning units, alterations to the rear elevation of the extension, alterations to the shopfront involving the formation of a new entrance door and the change of use of the basement and ground floor rear extension to use as a place of worship/training facility/meeting space (Use Class D1).

Applicant Mr Rafiq Omar

Agent Mr Tahir Ahmad 76 Moiser Road London SW16 6SQ

Date valid 16 March 2010

Case Officer Mr Richard McFerran

Application Reference

09/04317/FUL

Recommendation(s) GRANT CONDITIONAL PLANNING PERMISSION

Constraints Conservation Area Within 100m of Trunk Road Major Town Centre - Edge

Advert Publication Date

30th April 2010

Site Notice posted on

1st April 2010

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09/04317/FUL

3. Summary Of Main Issues

3.1 Land use implications; 3.2 The impact upon the amenities of neighbouring residents; 3.3 Conservation and design implications;

3.4 Transport and highway safety implications;

3.5 Noise and general disturbance associated with the proposed use and;

3.6 Equalities considerations.

4 Site Description

4.1 The application site comprises a four-storey, mid-terrace Victorian building with basement, which is located on the western side of the A23 Streatham High Road, close to the junctions with Norfolk House Road and Kingscourt Road. This application relates to the ground and basement floors of the building. The ground floor of the building is currently subdivided into two units, both of which are hair salons (Use Class A1-Shops). The upper floors of the building are divided into self-contained flats.

4.2 To the rear of the building is a single storey extension with a basement extension. This single storey extension and basement is self-contained from the commercial properties to the front and the residential properties above. It is presently accessed from pathways leading from Norfolk House Road and Kingscourt Road. The rear of the building backs onto the rear gardens of 1 Kingcourt Road and 2 Norfolk House Road.

4.3 Streatham High Road is a busy commercial area with a number of town centre uses at ground floor level. The majority of buildings feature upper floors, which are in residential or office use. The roads leading onto Streatham High Road including the nearby Norfolk House and Kingscourt Roads are predominantly residential in nature with the pattern of development largely comprising terraced housing.

4.4 The application site is located within the Streatham High Road – Streatham Hill Conservation Area and is designated as being within an Edge of a Major Town Centre location under the UDP proposals map. The building is not listed. The A23 Streatham High Road forms part of the Transport for London Road Network (TLRN).

5 Planning History

5.1 The relevant planning history for the property is as follows: 5.2 98/00884/FUL - Change of use from A1 (Sandwich Bar) to A3 (Cafe) at 108 B

Streatham High Road. Application Approved – 31/07/1998.

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5.3 00/01156/FUL - Variations to condition 2 of planning permission ref: 98/00884/FUL regarding extension of opening hours from 6pm to 2am. Application Refused – 18/08/2000. The application was refused for the following reason:

1) The proposed variation to condition 2 of planning permission granted

27th August 1998 (ref: 98/00884/FUL) by virtue of the subsequent increase in noise disturbance would have an unacceptable impact on residential amenity.

5.4 06/01057/FUL - Excavation of rear basement and construction of a single

storey ground floor rear extension to shops (Use Class A1) along with associated alterations. Application Approved – 26/06/06. The permission was subject to the following conditions:

1) The additional floor space hereby approved shall be used solely as an

extension to any of the 3 existing retail units and shall not hereafter be subdivided, either wholly or in part, to form any separate retail/commercial unit, unless the prior written approval of the Local Planning Authority is obtained.

Reason: To safeguard the amenities currently experienced at neighbouring residential properties.

2) The development hereby permitted shall be used only for purposes

ancillary to the main retail uses of the three shop units (namely 108A, 108B and/or 108C Streatham High Road), unless the prior written approval of the Local Planning Authority is obtained.

Reason: To safeguard the amenities currently experienced at neighbouring residential properties.

5.5 09/01703/FUL - Change of use of the rear basement and ground floor level to

provide meetings and training (Use Class D1). The application was refused on18.08.2009 for the following reason:

1) The proposed change of use from A1 (Retail) Use Class to D1 (Non-

residential Institutions) Use Class would be detrimental to the amenity of nearby residential occupiers by reason of unacceptable noise and disturbance impacts and loss of privacy arising from comings and goings of patrons. The scheme is therefore contrary to policies 4, 7, 26, 33 and 54 of the Unitary Development Plan.

6 Scheme Details

6.1 This application seeks full planning permission for the retention of the basement and ground floor rear extension and air-conditioning units, alterations to the rear elevation of the extension, alterations to the shopfront involving the formation of a new entrance door and the change of use of the basement and ground floor rear extension to use as a place of worship/training facility/meeting space (Use Class D1).

6.2 The existing rear extension has not been constructed in accordance with the

approved drawings relating to planning permission 06/01057/FUL. This application seeks permission for the retention of the differences between the

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extension as approved and as built. These differences include a 0.5m increase in the width of the extension and the use of render rather than facing brickwork to match the upper floor elevation.

6.3 It is also noted that the fenestration pattern of the existing extension differs

from that granted under the previous planning permission. The existing building features two doors and a window on the rear elevation whilst the approved drawings featured three windows. This application seeks permission for alterations to the as built elevation including replacing the set of double doors with an obscure glazed window and fitting obscure glazing to the existing window.

6.4 The application also seeks permission for the retention of two air-conditioning

units, which have been installed on the rear elevation of the extension. The units are broadly located in the centre of the rear elevation at ground floor level. They have a height of 0.7m above ground level. The application also seeks to encase the air-conditioning units in a protective grille.

6.5 In relation to the proposed alterations to the shopfront on Streatham High

Road, these involve the installation of a new entrance door. The entrance door will lead to a newly created corridor within the existing retail unit. The corridor will be independent of the retail unit and will allow access to the ground floor rear extension and basement level from Streatham High Road rather than the existing arrangement from Norfolk House Road and Kingscourt Road. The proposed door would have a width of 1m and a height of 2m. It would be fully glazed in keeping with the existing door on the shopfront.

6.6 Planning permission is also sought for the change of use of the ground floor

rear extension and the basement level to Use Class D1 (place of worship/training facilities/meeting spaces). The proposed total area would be 188.8m² and it is anticipated that up to 50 patrons could use the premises at any one time. As stated above, the extension and basement subject to this change of use would be accessed from a newly created entrance on the Streatham High Road elevation. It was noted on a site visit to the property that the use of the basement as a place of worship has already begun. An enforcement investigation into the use of the site has resulted in the applicant submitting this application in order to regularise its use.

7 Consultation Responses

7.1 An advertisement was placed in the South London press on the 30th April 2010 and a site notice was also displayed in the vicinity of the site on the 1st April 2010.

7.2 The following Groups / Amenity Societies were also notified of the application:

• Streatham Society

7.3 The following neighbouring properties (including sub-addresses) were consulted on the application:

• Streatham High Road: 102, (Flats: GF – 3), 104A (1 – 3), 104 – 106 (Flats: GF - 3), 108 (Flats 1-3), 108 (Flats A & B), 110 (Shop & Flat), 112 – 114.

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• Kingscourt Road: 1 (Flats A – C), 3 (Flats 1 - 3), 5 (Flats A – C).

• Norfolk House Road: 2, (Flats 1 – 3), 4 (Flats A & B), 6 (Flats 1 – 3). 7.4 The Council’s Conservation and Design Team were also notified of the

proposed scheme and they have raised no objections. 7.5 The Council’s Noise and Pollution Team were consulted on the scheme.

They have raised no objections subject to the following conditions:

(1) 143 C ( adequate soundproofing between ground floor section ( D1 ) and first floor residential;

(2) The hours of operation shall be restricted to between 9.00am and 9.00pm Monday to Friday, and from 10.00am to 9.00pm on Saturday and Sunday;

(3) Any amplification shall be controlled via a noise limiter or sound cut device. The system shall be set by Lambeth Noise Enforcement Officers. The system shall be regularly maintained and retained throughout its use. There shall be no amplified sound, speech or music from the premises which is audible outside the premises.

(4) The applicant shall ensure that no noise is caused when people are arriving or leaving the premises.

7.6 The Council’s Transport Planning Team were also consulted on the scheme.

They originally requested further information particularly in regards to visitor and staff numbers, maximum capacity and catchment area.

7.7 A parking survey and additional information regarding visitor numbers and

catchment area was provided in July 2010. In response to comments from the Transport Planning Team regarding the parking survey area, a revised parking survey was submitted to the Council in September 2010. The Transport Planning Team have made the following comments in response to this information:

The parking survey information indicates that there is some capacity on the roads closest to the site, with maximum daytime parking stress levels recorded as 80% on Kingscourt and 75% on Norfolk House Roads. The information on the expected attendees suggests that the catchment area will be local, and that most will be able to walk to the site within a 10-15 minutes.

The additional information addresses my previous concerns, and I do not expect the proposals to result in significant increase in traffic congestion or on-street parking stress. Therefore I do not wish to raise any objections to the application.

7.8 Transport for London were also consulted. They have provided the following

comments:

With regard to the site mentioned above, TfL offer the following comments:

a. The site of the proposed development is on the A23, Streatham High Road, which forms part of the Transport for London Road Network.

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b. All vehicles associated with the conversion of the buildings must only park/ stop at permitted locations and within the time periods permitted by existing on-street restrictions.

c. No skips or construction materials shall be kept on the footway or carriageway on the TLRN at any time.

d. TfL would object to any doors or gates which open onto the public highway for which TfL is the highway authority, as in accordance with Section 153 of the Highways Act 1980. Doors or gates which open onto the public highway can cause an obstruction to passing pedestrians, cyclists and vehicles, as well as creating a potential road safety hazard to all road users.

Subject to the above conditions being met, the proposal as it stands would not result in an unacceptable impact to the Transport for London Road Network (TLRN).

7.9 The Council’s Policy Team were also consulted. They have provided the

following comments:

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. The development plan in Lambeth is the London Plan (“consolidated with Alterations since 2004”, published in February 2008), and the London Borough of Lambeth Unitary Development Plan (UDP) adopted in August 2007, with material considerations including planning policy statements and planning policy guidance.

The application relates to the ground and basement levels of the premises at 108 Streatham High Road. Planning permission is sought for the change of use of the rear basement and ground floor to provide a community facility for religious and community uses (rooms for prayer, training and meetings). The A1 (retail) units to the front of the site would be retained.

We understand this to be a resubmission following the refusal of a previous application in August 2009 (09/01703/FUL). The application was refused on the basis that the scheme would harm the amenity of nearby residential occupiers by reason of unacceptable noise and disturbance impacts and loss of privacy.

The site is within the edge area of Streatham Major Town Centre, as defined on the UDP Proposals Map. It is also within the Streatham High Road / Streatham Hill Conservation Area.

The following key land use policies apply in this case:

• Policy 4 - Town Centres and Community Regeneration • Policy 7 - Protection of Residential Amenity • Policy 19 - Active Frontage Uses • Policy 26 - Community Facilities • Policy 47 - Conservation Areas

Policy 4 (e) sets out that units in local centres, inner edge of major and / or district town centres, and isolated shops, should be active frontage uses - A class or D class, unless it is demonstrated, through marketing evidence of lack of demand, that they are no longer viable for these uses and that

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the loss of such units would not result in more than any 2 in 5 consecutive units being of a non active frontage use. The policy goes on to state (paragraph (f)), that further residential, community facilities, employment and leisure development is promoted within town centres subject to retaining / providing active frontage uses where appropriate and protecting amenity. The definition of ‘community facilities’ set out in Policy 26 includes uses for, or in connection with, public worship or religious instruction.

Policy 19 promotes development within town centres that have uses with active frontages open to the public. The policy goes on to state that uses within classes A or D would be appropriate, as would other publicly accessible uses with significant ground floor window display and entrance at ground floor level. Street frontage buildings in town centres should have uses, frontages and entrances oriented towards the street.

UDP Policy 26 supports and promotes the development and improvement of facilities for the community. The policy states that proposals for community facilities serving a more than a neighbourhood or district function should be located either in town centres or the Central Activities Zone, or if no suitable sites are available in town centres then other sites in accordance with the sequential approach (ref. Policy 5). Proposals for community facilities serving a neighbourhood or district function should be located in or adjoining a town or local centre. When the previous application was assessed (ref. 09/01703/FUL), the Case Officer concluded that the proposal would not prejudice the aims of Policy 4 given that, whilst the scheme would result in the loss of approximately 188sqm of A1 retail floor space, the active frontage of each sub-divided unit would be retained and the loss of A1 floor space to the rear of the building would not unduly affect the function and viability of the existing A1 uses. The change of use was accepted in principle on this basis. Provided you are satisfied that the current proposal would similarly not harm the viability of the existing A1 units (is the remaining A1 floor space sufficient to accommodate modern retailing needs?) and the ‘active frontages’ would be maintained (ref. Policies 4 and 19), we would not raise a policy objection to the proposed change of use, subject to the achievement of a satisfactory scheme as regards amenity and transport impacts (ref. Policies 7, 9 and 26). However, if this is not the case please advise as we would wish to comment further from a policy perspective.

7.10 The Council received a total of 15 written objections to the scheme. The reasons for objecting are outlined in the assessment table below.

7.11 Assessment

Objections: Council’s Response:

The proposed change of use will not prevent visitors accessing the building from the alleys / access ways leading from Norfolk House Road and Kingscourt Road which would have a detrimental impact upon the privacy of adjacent

The application includes the formation of access to the site from Streatham High Road. This will be the sole means of access to the site with the alleyways and doors to the rear of the property only to be used in

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properties as both the alleyways and the extension’s courtyard overlook gardens, a bedroom, a bathroom, a kitchen and living room of 2 Norfolk House Road.

emergency circumstances. The use of these alleyways and doors for purely emergency purposes has been secured by condition. A condition is also attached forbidding people congregating within the rear courtyard. As a result of this and the fact that the windows to the rear would be obscure glazed, it is considered that there would be no significant loss of privacy to adjacent residential properties including 2 Norfolk House Road.

The extension’s courtyard can be used as an area to congregate which will increase noise and contribute to a loss of privacy.

A condition is also attached forbidding people congregating within the rear courtyard.

Residents of adjoining residential properties will suffer from noise and disturbance and light pollution.

With respect to noise, it is acknowledged that the proposed use will result in a degree of noise generation, particularly resultant from amplified prayer associated with its use as a place of worship. However, it is considered that the level of noise created will be unlikely to have a significant impact upon neighbouring residential properties given that the area of the building to be used as the main place of worship is located at basement level. As a result, it is unlikely that unacceptable levels of noise will permeate to nearby residential units. In addition, the location of the premises within a mixed residential / commercial area means that levels of noise are generally above those expected within a predominantly residential area. Council policy also promotes the location of community facilities (often likely to generate noise and general disturbance) that is not compatible with predominantly residential neighbourhoods in town centre locations (Policy 26 of the UDP).

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Furthermore conditions are recommended regarding noise and general disturbance controls including an amplified noise limiter, soundproofing and hours of use, which will ensure that noise levels do not exceed acceptable limits. With respect to light pollution, it is considered that the levels of light emitted from the ground floor rear extension during the recommended opening hours would not be above that which would be expected within a mixed use area.

The increase in visitors to the site will have a detrimental impact upon traffic within the immediate area and reduce the availability of parking spaces.

The Council’s Transport Planning Team have raised no objections to the scheme noting that the site observes a public transport accessibility level (PTAL) of 6a, which is described in the UDP proposals map as being “exceptional.” The submitted parking survey also indicates that there is sufficient parking capacity within the surrounding area with maximum daytime parking stress levels recorded as 80% on Kingscourt and 75% on Norfolk House Roads. Furthermore, supplementary information regarding patrons of the facility indicates that the majority live within close proximity to the site increasing the likelihood that the majority of journeys would be made on foot or by public transport rather than by private car. Transport officers are of the opinion that given the local catchment area and the exceptional public transport accessibility of the site the scheme would not “result in a significant increase in traffic congestion or on-street parking stress” on the adjacent local residential streets It is also noted that Transport for London who are the highway authority for the A23 Streatham High Road have not objected to the impact of the proposal on their road network.

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The new doorway will take away approximately 25% of the retail units window frontage on Streatham High Road and will reduce the floor space by approximately 25%.

It is considered that the scheme will not have a detrimental impact upon the function or viability of the existing commercial unit noting that an acceptable size shop window frontage will remain. Furthermore, in terms of floor space, the scheme will only result in a 17m² loss of existing commercial floor space due to the formation of the access corridor. This loss of floor space is considered to be relatively minor and would not undermine the existing function of the premises as a hair salon, or any other future commercial use. The rest of the 101m² proposed for this use is newly created ancillary floor space, without which the affected shops traded in the past and currently trade as hair salons. This space appears excess to the requirements of the hair salon use and the proposal would put it to a beneficial community use consistent with relevant Council UDP policies.

The proposed air conditioning units are likely to increase noise levels within the vicinity of neighbouring residential properties.

The proposed air conditioning units are existing and it is noted that the Council’s Noise and Pollution Team have not received any complaints regarding additional noise levels from these units. Furthermore, a condition has been attached to ensure that noise levels to neighbouring properties as a result of the air conditioning units do not exceed acceptable limits.

The use of the premises for D1 purposes in not appropriate given the lack of soundproofing between the lower floors and the residential units on the upper floors.

Conditions are recommended requiring the applicant to ensure that the premises are soundproofed to a standard, which is satisfactory to the Noise and Pollution Team and to provide noise limiters so that when noise exceeds a pre-set level any amplified equipment is automatically switched off or amplified noise is automatically reduced back to pre-set levels.

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Visitors to the premises are likely to congregate outside the entrance to the site before and after times of worship blocking the pavement and leading to increased levels of noise to neighbouring properties.

A condition is recommended prohibiting visitors from congregating outside the site. It is anticipated that the impact of patrons on the pavement and surrounding area will be no greater than that of film goers attending the nearby Odeon Cinema.

The application form states that rubbish will be collected from Norfolk House Road or Kingscourt Road. This is contrary to the claim that the main access point to the site will be Streatham High Road and will lead to increased noise, smell and litter within the immediate area.

The waste collection details outlined within the application form are considered to be insufficient. A condition has been recommended requiring the scheme to comply with the Council’s refuse collection standards. The Council’s Street Care Section were consulted but offered no observations. As this site is a non-domestic premises, the applicant will be required to enter in a commercial waste collection contract with Lambeth Street Care or other private contractors and will have to observe a duty of care under the Environmental Protection Act 1990.

7.12 This application has been brought before members for their

consideration at the request of Councillor Roger Giess. 8 Planning Considerations

8.1 Relevant Policies

National and Regional Planning Policies and Guidance

8.1.1 Central Government advice is contained in a range of Government Circulars, Planning Policy Guidance Notes (PPGs) and Planning Policy Statements (PPS). These are essentially general policies which aim to guide the local planning authority to securing good policies based on real and sound objectives and the need to provide high quality, well thought out developments which make a positive contribution to the locality and which help to protect or enhance the environment.

8.1.2 PPS1 (Delivering Sustainable Development) sets out the

Government's overarching planning policies on the delivery of sustainable development through the planning system. PPS1 emphasises that local authorities should operate on the basis that applications for development should be allowed having regard to the Development Plan and all material considerations, unless the proposed development would cause demonstrable harm to the interests of acknowledged importance.

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8.1.3 PPS 5(Planning for the Historic Environment) sets out Government planning policies in relation to the conservation of the historic environment. The aim is to conserve and enjoy the historic environment and its heritage for their contribution to the quality of life. It recognises that heritage is a non-renewable resource and taking account of the wider social, cultural, economic and environmental benefits of heritage conservation, it promote managed change.

8.1.4 PPS 6 (Planning for Town Centres) sets out Government policy on

planning for the future of town centres - Sustainable development is the core principle underpinning planning. The planning system has a key role in facilitating and promoting sustainable and inclusive patterns of development, including the creation of viable town centres.

8.1.5 PPG 13 (Transport) addresses transport and seeks to promote more

sustainable transport choices and accessibility to jobs, shopping, leisure facilities and services by public transport, walking and cycling and discourages the need to travel by car.

The London Plan (2008)

8.1.6 The London Plan was consolidated in February 2008 and now

includes alterations that have been made since it was adopted in February 2004. The London Plan is the Mayor’s development strategy for Greater London and provides strategic planning guidance for development and use of land and buildings within the London region.

8.1.7 It seeks to accommodate significant growth in ways that respect and

improve London’s diverse heritage while delivering a sustainable world city and, proposes to achieve this through sensitive intensification of development in locations well served by public transport.

8.1.8 All Borough plan policies are required to be in general conformity with

the London Plan policies.

8.1.9 The key polices of the plan considered relevant in this case are:

Policy 3A.17 (Addressing the needs of London’s diverse population) Policy 3C.2 (Matching development to transport capacity) Policy 3D.3 (Maintaining and improving retail facilities) Policy 3D.12 (Town centre development) Policy 4A.20 (Reducing noise and enhancing soundscapes) Policy 4B.7 (Respecting local context and communities)

8.1.10 The London Plan, SPG entitled ‘Planning for Equality and Diversity in

London’ also supports the provision of community facilities.

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

8.1.11 Government is committed to a plan-led system of development

control. This is given statutory force by Section 38(6) of the Planning and Compulsory Purchase Act 2004, which requires that an

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application for planning permission or an appeal must be determined in accordance with the local development plan, unless other material considerations indicate otherwise.

8.1.12 The development plan in Lambeth is the London Plan (‘consolidated

with Alterations since 2004’ published in February 2008) and the London Borough of Lambeth Unitary Development Plan (UDP): Policies saved beyond 5th August 2010, with material considerations including planning policy statements and planning policy guidance.

8.1.13 It should also be noted that the Lambeth Local Development

Framework Core Strategy was submitted to the Secretary of State for examination on 26th March 2010. The Core Strategy is still subject to change and has little weight until it has been through the examination process. As such the UDP: Policies saved beyond 5th August 2010 is still the principal document for determining planning applications. The following policies within the Lambeth UDP are relevant to this application:

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 26: Community Facilities Policy 32: Community Safety/Designing Out Crime Policy 33: Building Scale and Design Policy 36: Alterations and Extensions Policy 37: Shopfronts and Advertisements Policy 47: Conservation Areas

Supplementary Planning Document for Shopfronts and Signage (2008)

8.1.14 The SPD on Shopfronts and Signage provides guidance for applicants

in the preparation of proposals for shopfronts, external security grilles and shop signs. It explains relevant national planning policies and Lambeth UDP policies relating to shopfronts and provides further detail in order to assist with securing good design. The SPD has been through statutory consultation and is therefore a material consideration in the assessment of this application.

8.1.15 Supplementary Planning Document on Safer Built Environments

(2008)

8.1.16 This Supplementary Planning Document on Safer Built Environments was approved by the Council in April 2008 following public consultation. It reflects practical experience and established government best practice. In line with the Crime & Disorder Act 1998, PPS 1 and the companion guide Safer Places, crime prevention is a material consideration in planning decisions.

8.1.17 A site visit was undertaken on Wednesday 28th April 2010.

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8.2 Land Use

8.2.1 PPS 6 (Planning for Town Centres) and PPG 13 (Transport) emphasise the importance of integrating land use planning and transport to reduce the need to travel by car and promote travel by public transport, on foot or by bicycle. Government guidance also promotes the sustainment and enhancement of the vitality and viability of town centres, which serve the whole community.

8.2.2 Policy 4 of the UDP deals with town centres and community

regeneration. It states that development should enhance the vitality and viability of the borough’s major and district town centres, appropriate to the scale, role and character of each centre and its catchment. In particular the role of Streatham as a major town centre within London will be supported in terms of facilities. The policy also states that within edge areas of town centres, units should be active frontage uses such as A class or D class.

8.2.3 It is considered that the proposed change of use would be in keeping

with the spirit and letter of the above policy. Although the scheme would result in the loss of 188.8m² of ancillary retail space, it would not undermine the viability of the existing commercial units noting that the ground floor rear extension and basement appear to never have been used for retail purposes.

8.2.4 Furthermore, the only section of the floor area currently used for

commercial purposes which will be lost as a result of the proposal is a 17.3m² strip on the northern side of the building. This strip will form a 1.1m wide corridor linking the front entrance on Streatham High Road to the rear portion of the building which is the subject of this application. It is considered that the loss of this strip will have little impact upon the function or viability of the commercial unit, particularly its current use as a hair salon.

8.2.5 The proposed scheme is also considered to comply with Policy 26 of

the UDP which deals with community facilities. This policy has a presumption in favouring locating community facilities within town centres. In this instance it is proposed the rear extension and basement level for use as a place of worship and/or a training centre and it is likely that the premises will attract people from the immediate neighbourhood. Given the location of the property on the edge of a town centre, it is considered that the use of the premises for D1 purposes is acceptable in land use terms.

8.2.6 It should be noted that the principle of the loss of this ancillary retail

space for non-retail use has been established by the Council’s previous decision (09/01703/FUL). The grounds for the refusal of this application did not purport that a loss of this floor space was not acceptable; instead it suggested that noise disturbance associated with the movement of patrons via rear access pathways was the sole grounds for refusal. The previous application accepted the proposal in land use terms.

8.2.7 As there has been no change in planning policy since the

consideration of the previous proposal, the Council’s planning policy

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team supports the proposals subject to compliance with other policy constraints including residential amenity and transport impacts.

8.3 Amenity Impact

8.3.1 Policy 7 of the UDP deals with the protection of residential amenity. It

affirms the right of people to the quiet enjoyment of their homes. In mixed-use areas, the scale, design layout, hours-of-use, intensity, concentration, and location of non-residential uses will be controlled in relation to non-residential uses to protect residential uses.

8.3.2 Policies 33 and 36 of the UDP relate to protecting residential amenity

in terms of privacy, sunlight/daylight, overlooking and sense of enclosure.

8.3.3 Policy 4A.20 of the London Plan (2008) is relevant in terms of noise

issues. It states that boroughs within Development Plan Documents (DPDs) should reduce noise by minimising the existing and potential adverse impacts of noise on, from, within, or in the vicinity of, development proposals. Noise should also be reduced by separating new noise sensitive development from major noise sources wherever practicable and by supporting new technologies and improved practices to reduce noise at source.

8.3.4 In terms of the proposed development, it is noted that the application

site is located close to residential properties including self-contained flats on the upper floors of the building. In addition there are terraced houses on Norfolk House and Kingscourt Road, particularly 2 Norfolk House Road and 1 Kingscourt Road, which are to the rear of the ground floor extension, separated by a yard area and a boundary fence with an approximate height of 2m.

8.3.5 It is acknowledged that the proposed use of the site as a place of

worship will result in a degree of extraneous noise generation, particularly from any amplified prayer. However, it is considered that the level of noise created will be unlikely to have a significant impact upon neighbouring residential properties given that the area of the building to be used as the main place of worship is located at basement level. As a result, it is unlikely that unacceptable levels of noise will permeate to the nearby residential units.

8.3.6 In any case, it is noted that this is a mixed-use area rather than a

solely residential area and, is identified as being on the edge of a town centre. It is therefore considered that a degree of noise from a range of town centre uses is to be expected by neighbouring residential properties in these locations, above that which would be found in predominantly residential areas, particularly the flats on the upper floors of the building.

8.3.7 It is also noted that the Council’s Noise and Pollution Team have not

objected to the scheme subject to a series of conditions relating to soundproofing, hours of use and the control of amplified noise via a noise limiter or sound cut device. It is considered that these conditions will ensure that any noise generated will not be exceed acceptable levels.

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8.3.8 This application also seeks permission for alterations to the existing

fenestration on the rear of the single storey rear extension. These alterations include the replacement of a set of double doors with a fixed shut window. It is considered that these alterations will help contain any noise within the building, further reducing noise impacts on neighbouring residential properties.

8.3.9 The scheme includes the retention of air-conditioning units, which

have been installed to the rear of the building at ground floor level. Air-conditioning units are a common feature to the rear of properties along Streatham High Road considering that the majority of ground floor units are utilised for commercial purposes. Given the mixed-use nature of the immediate area rather than being solely residential, the air-conditioning units are not considered to be inappropriately sited. Furthermore, should planning permission be granted a condition will be attached ensuring that the noise generated does not exceed acceptable levels.

8.3.10 As stated earlier in the report, the case officer noted on a site visit to

108 Streatham High Road on Wednesday 28th April 2010 that the use of the basement level of the property as a place of worship had already started. Since the use began, albeit without planning permission, the Council’s Noise and Pollution Team have received no complaints regarding unacceptable levels of noise or general disturbance associated with its use as a place of worship.

8.3.11 It is noted that a previous similar planning application (09/01703/FUL)

was refused on the basis that noise and disturbance generated from the comings and goings of patrons of the place or worship / training centre would be unacceptable to neighbouring properties. This was primarily due to access to the site being provided via an alleyway from Norfolk House Road, adjacent to windows on the side elevation of 2 Norfolk House Road which serve a bedroom, living room and a kitchen.

8.3.12 The current application is considered to have overcome these

concerns by ensuring that access to the rear extension and basement level is provided from Streatham High Road. Streatham High Road is a busy commercial area with a range of town centre uses and it is considered that noise and disturbance generated from an entrance in this location would not exceed that which already exists from adjacent commercial premises. In terms of the access to the rear of the site, including the alleyway to the side of 2 Norfolk House Road, a condition is recommended requiring these be used be used in emergency situations only.

8.3.13 In summary, it is considered that the proposed development would

accord with Policies 4, 7, 26, 33 and 36 of the Unitary Development Plan. The scheme overcomes the previous reason for refusal by ensuring that access to the site is from Streatham High Road rather than Norfolk House Road and/or Kingscourt Road.

8.3.14 The proposal is also meets the objectives Policy 4A.20 of the London

Plan in relation to noise and the location new development It proposes

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that noise should be reduced by supporting new technologies and improved practices to reduce noise at source.

8.3.15 It is therefore the residential properties in Norfolk House Road and

Kingscourt Road will not suffer undue noise, nuisance and general disturbance associated with the proposed use.

8.4 Design and Conservation Considerations

8.4.1 Policy 33 deals with issues relating to building scale and design. It

states that all development should be of a high quality design and contribute positively to its surrounding area.

8.4.2 Policy 36 states that extensions should be subordinate to the original

building, confined to the rear or least important elevation and should not undermine any existing pattern of uniformity where this is of value.

8.4.3 Policy 37 deals with shopfronts. It states that shopfronts should use

good quality materials responding to and enhancing the character of the building, the area and neighbouring buildings.

8.4.4 Policy 47 deals with development within conservation areas. It states

that development within such areas should protect or enhance the character and appearance of the conservation area.

8.4.5 The application seeks permission for the retention of the single storey

extension. As stated earlier in the report, the extension as built differs from that approved under planning permission ref: 06/01057/FUL. These differences mainly relate to an additional width of 0.5m, the proposed fenestration details as well as the use of render rather than matching brickwork on the rear elevations of the building at basement and ground floor levels.

8.4.6 The principle of a single storey extension in this location is not in

question as this has been established under the above previous planning permission. The issues that therefore need to be assessed are the additional width of the extension, the pattern of fenestration, the detailed design and the impact upon the wider conservation area.

8.4.7 With respect to the additional width, this is considered to be

acceptable in the context of Policy 36 given that the structure remains subordinate to the host building and does not appear over dominant when viewed from the rear. In addition, the extension does not occupy an excessive portion of the plot noting that a sufficient gap is maintained to the boundary on all sides of the extension with a sizeable rear yard between the extension and the rear gardens of 2 Norfolk House Road and 1 Kingscourt Road.

8.4.8 In terms of the alterations to the fenestration, it is considered that

these are acceptable in design terms given that they would be broadly in keeping with the approved openings under planning permission ref: 06/01057/FUL. In any case, the rear of the property cannot be viewed from outside the site and as such has no visual impact upon the wider area, and as such the character and appearance of this part of

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Streatham High Road – Streatham Hill Conservation Area, will not be harmed by these alterations to the rear.

8.4.9 The application also includes the installation of an additional door to

the existing shopfront. The proposed door would be fully glazed with a panel of fixed glass immediately above. The design of the proposed door is in keeping with the doors to the adjacent shop and given the fully glazed nature of the existing shopfront the design and materials of the proposed door allow it the integrate successfully with the rest of the shop frontage. It is noted that there are a number of fully glazed shopfronts with entrance doors within this shopping parade including at Nos. 110 and 112 Streatham High Road.

8.4.10 The external walls of the extension have been finished in a white

render which is not in keeping with the brick appearance of the original building. The applicant has indicated that they would be willing to remedy this issue; however it has not been included on any of the submitted drawings. As such, should planning permission be granted a condition will be attached requiring the external surfaces of the extension to be clad in brick slips in order to allow the structure to integrate successfully with the host building and ensure that it does not harm the character and appearance of the surrounding conservation area.

8.4.11 In light of the above assessment, it is considered that the differences

between the previously approved extension and those proposed within this application are acceptable in design terms and comply with the broad thrust of Policies 33, 36, 37 and 47 of the UDP.

8.5 Highways and Transportation Issues

8.5.1 Policy 9 of the UDP states that planning applications will be assessed

for their transport impact, including cumulative impacts on highway safety; on the environment and the road network; and on all transport modes, including public transport (in particular, the impact on demand for and the operation of public transport), walking and cycling.

8.5.2 Policy 14 relates to parking and traffic restraint and states that the

level of private parking will be no greater than the standards (contained within table 6 of the UDP) and may be reduced to this level by condition or Section 106 agreement. The level of such parking should not, however, be below minimum disabled persons and other essential operational parking.

8.5.3 The policy goes on to state that any increase in traffic generated by

development, should not increase levels of traffic congestion, lead to a situation where the condition of highway safety is reduced, cause material harm to the speed and/or reliability of bus and other public transport services or undermine traffic reduction and/or management measures.

8.5.4 No on site parking is provided, however the Council’s Transport

Planning Team have raised no objections to the scheme noting that the site observes an exceptional public transport accessibility level (PTAL) of 6a. The applicant also commissioned a parking survey,

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which indicates that there is sufficient parking capacity within the surrounding area with maximum daytime parking stress levels recorded as 80% on Kingscourt and 75% on Norfolk House Roads.

8.5.5 Furthermore, supplementary information which was supplied to the

Council by the applicant in July 2010 indicates that the majority of households who intend to utilise the facility live within walking distance of the site and as such they would not require a car journey.

8.5.6 Transport for London, which is the highway authority for this road,

were also consulted and they have raised no objections to the scheme subject to the following comments:

(1) The site of the proposed development is on the A23, Streatham

High Road, which forms part of the Transport for London Road Network.

(2) All vehicles associated with the conversion of the buildings must only park/ stop at permitted locations and within the time periods permitted by existing on-street restrictions.

(3) No skips or construction materials shall be kept on the footway or carriageway on the TLRN at any time.

(4) TfL would object to any doors or gates which open onto the public highway for which TfL is the highway authority, as in accordance with Section 153 of the Highways Act 1980. Doors or gates which open onto the public highway can cause an obstruction to passing pedestrians, cyclists and vehicles, as well as creating a potential road safety hazard to all road users.

8.5.7 Subject to the above conditions being met, TfL considers that the

proposal would not result in an unacceptable impact to the Transport for London Road Network (TLRN).

8.5.8 There is provision for secure cycle storage within the rear yard of the

site as well as refuse storage. However, the use of the rear yard for cycle storage would be likely to lead to noise nuisance and general disturbance of neighbours and would be contrary to the requirement to the use of the rear for emergency purposes only.

8.5.9 In light of the above, whilst it is acknowledged that the scheme would

intensify the use of the building, the movement of patrons to and from the site would not have unacceptable parking or traffic implications noting that the Council’s Transport Planning Team and Transport for London have raised no objections to the proposals. As such the scheme is considered to comply with Policies 9 and 14 of the UDP.

8.6 Crime/Safety Issues

8.6.1 This planning application has been assessed against Policy 32 (Community Safety/Designing out Crime) of the UDP, which requires that development should enhance community safety. The policy states that development will not be permitted where opportunities for crime are created or where it results in an increased risk of public disorder. This requirement is consistent with Section 17 of The Crime and Disorder Act 1998, which imposes an obligation on the local planning

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authority to consider crime and disorder reduction in the assessment of planning applications.

8.6.2 At the time writing this report the Council’s Crime Prevention Officer

had not provided comment, however it is considered that the scheme would not give rise to undue implications for community safety and crime issues which cannot be controlled under police legislation; including anti-terrorism controls such as The Crime and Security Act 2001, The Crime and Disorder Act 1998 and the Criminal Justice Act 1988 (as amended). In addition, this matter was not raised in objection to the previous application and as such it would be unreasonable to refuse the application on these grounds.

8.7 Waste Issues

8.7.1 Policy 56 of the UDP deals with waste issues. It states that development proposals should include adequate provision for residual and recycled waste. Further guidance on waste management is provided in the Council’s guidance document “Waste and Recycling Storage and Collection Requirements.” Conditions requiring a waste management plan and compliance with this guidance document are recommended.

8.7.2 The Council’s Street Care Section were consulted but offered no

observations. As this site is a non-domestic premises, the applicant will be required to enter in a commercial waste collection contract with Lambeth Street Care or other private contractors and will have to observe a duty of care under the Environmental Protection Act 1990.

8.8 Equalities Considerations

8.8.1 Section 71 of the Race Relations Act requires the Local Planning

Authority as decision maker to have due regard to the need to promote equality of opportunity and good relations between persons of different racial groups.

8.8.2 In light of the judgement in R(on application of Harris) v Haringey LBC

(2010) EWCA Civ 703, which established this principle as a material consideration in relation to a planning application, officers are of the view that the needs and objectives of the applicant group have informed the recommendation to grant conditional planning permission for this application.

9 Conclusion

9.1 The proposed use of the rear extension and basement level for Use Class D1 purposes (place of worship/training facilities/meeting spaces) is considered to be acceptable noting that the reason for the refusal of the previous application ref. 09/01703/FUL has been overcome as access to the premises will occur from Streatham High Road, away from the residential properties of Norfolk House Road and Kingscourt Road to the rear.

9.2 In addition, the alterations to the rear elevation and shopfront are considered

to be acceptable as they raise no significant conservation and design issues.

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9.3 The proposed use would not raise any significant parking issues for the occupiers of neighbouring residential properties.

9.4 A condition restricting the use of the premises to the proposed uses only and

to no other uses with the D1 Class together with other conditions in relation to operating hours and noise controls should ensure that the amenities of neighbouring residents are protected.

9.5 As such the scheme complies with Policy 4A.20 of The London Plan (2008)

and Policies 4, 7, 9, 14, 19, 26, 33, 36, 37 and 47 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010 and the relevant Supplementary Planning Documents.

10 Recommendation

10.1 Grant Conditional Planning Permission 11 Summary of the Reasons

9.1 In deciding to grant planning permission, the Council has had regard to the relevant Policies of The London Plan (2008), The London Borough of Lambeth UDP: Policies saved beyond 5th August 2010 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 London Borough of Lambeth UDP: Policies saved beyond 5th August 2010 were relevant:

UDP: Policies saved beyond 5th August 2010:

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 26: Community Facilities Policy 33: Building Scale and Design Policy 36: Alterations and Extensions Policy 37: Shopfronts and Advertisements Policy 47: Conservation Areas

Conditions

1) The development to which this permission relates must be begun not later than

the expiration of three years beginning from the date of this decision notice.

Reason: To comply with the provisions of Section 91(1)(a) of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.)

2) 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.

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3) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any Order revoking and re-enacting that Order) the premises shall solely be used as a place of worship /training facility /meeting space, and no other use permitted within Class D1 of the above Order without planning permission first being obtained via the submission of a planning application to the Local Planning Authority.

Reason: To restrict the use of the premises to those compatible with the surrounding area, and to enable the Local Planning Authority to maintain strict control over the nature of the use in the interests of the amenity of occupiers of nearby properties, in accordance with Policy 4A.20 of The London Plan (2008) and Policies 7 and 26 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

4) The use of the premises for a place of worship/training facility/meeting space,

hereby approved shall only operate between the hours of 09.00 to 21.00 on Mondays to Fridays, and between 10.00 and 21.00 on Saturdays, Sundays and Bank Holidays.

Reason: To protect the amenities of neighbouring occupiers in accordance with Policy 4A.20 of The London Plan (2008) and Policies 7 and 26 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

5) All external windows and doors to the rear of the premises shall remain fixed

shut during the operational use of the premises (fire escape doors shall be openable for emergency purposes only) and shall remain as such for the duration of the operational use of the facility hereby approved.

Reason: To protect the amenities of neighbouring occupiers in accordance with Policy 4A.20 of The London Plan (2008) and Policies 7 and 26 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

6) Noise arising from the use of the external air conditioning units and any other

associated equipment shall not increase the existing background noise level (LA90 5mins) when measured (LAe1 5mins) 1 metre external to the nearest noise sensitive premises, or residential property.

Reason: In order to protect the amenity of adjoining residential occupiers in accordance with Policy 4A.20 of The London Plan (2008) and Policies 7 and 26 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

7) The ceiling/floor between the ground and first floor shall be soundproofed and

insulated to the satisfaction of the Local Planning Authority before the use commences, and shall thereafter be retained in a soundproofed and insulated condition for the duration of the use hereby approved.

Reason: To ensure that no noise, nuisance or disturbance is caused to the detriment of the amenities of adjoining occupiers or of the area generally in accordance with Policy 4A.20 of The London Plan (2008) and Policies 7 and 26 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

8) Any amplification shall be controlled via a noise limiter or sound cut device. The

system shall be set by Lambeth Noise Enforcement Officers. The system shall

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be regularly maintained and retained throughout the use hereby approved. There shall be no amplified sound, speech or music from the premises during hours of operation which exceeds relevant ambient noise levels outside the premises.

Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policy 4A.20 of The London Plan (2008) and Policies 7 and 26 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

9) The applicant shall ensure that no noise is caused when people are arriving or

leaving the premises and that the rear courtyard is not used as an area in which people congregate.

Reason: To protect the amenities of adjoining occupiers and the surrounding area in accordance with Policy 4A.20 of The London Plan (2008) and Policies 7 and 26 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

10) Within 6 months of the date of this decision, yellow stock brick slips (to match

the brick type used in the rear elevation of the main property) shall be permanently fixed externally to all walls of the extension hereby approved and retained for the duration of the development.

Reason: To ensure that the extension successfully integrates with the host building in the interests of the character and appearance of the surrounding Streatham High Road - Streatham Hill Conservation Area (Policies 33, 36 and 47 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.)

11) Notwithstanding the information shown on the submitted drawings, the refuse

and recycling storage provision shall comply with the requirements of the Council's Guidance document for architects and developers 'Waste and Recycling Storage and Collection Requirements'. This provision shall be implemented before first occupation of the development and shall thereafter be retained permanently.

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 in accordance with Policies 35 and 56 of the London Borough of Lambeth UDP: Policies saved beyond 5th August 2010.

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) 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.

3) Please note the following advice from Transport for London (TfL):

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(i) The footway and carriageway on the TLRN (A23 Streatham High Road) must not be blocked during the construction and maintenance of the proposal. (ii) All vehicles associated with the conversion of the buildings must only park/ stop at permitted locations and within the time periods permitted by existing on-street restrictions. (iii) No skips or construction materials shall be kept on the footway or carriageway of the A23 Streatham High Road at all times.