Committee PLANNING COMMITTEE A Report Title 42 …councilmeetings.lewisham.gov.uk/documents/s62427/42 Deptford High Street SE8...facilitated by the installation of a replacement shopfront,

Committee PLANNING COMMITTEE A

Report Title 42 Deptford High Street, London, SE8 4AF

Ward New Cross

Contributors Russell Brown

Class PART 1 7 February 2019

Reg. Nos. DC/18/108780 Application dated 31.08.2018 Applicant Alpha Estates Proposal The change of use of the ground floor of 42

Deptford High Street, SE8 from Use Class A1 (retail) to Use Class A3 (restaurant / cafe) facilitated by the installation of a replacement shopfront, together with the installation of replacement front and rear windows and doors, the installation of a replacement front dormer, a new rear dormer and the construction of a two storey rear extension at first and second floor levels to create a one bedroom self-contained unit.

Applicant’s Plan Nos. SP-01 Rev PL01; EX-05/PL01; Heritage

Statement; Internal Daylight Factor Report Rev 0; Method Statement Relating to Works to Remodelling Ground Floor Shop Unit Received 3rd September 2018 VSC Daylight Analysis Received 30th October 2018 EX02 Rev PL2; 1168-FD-01 Rev PL2; Design and Access Statement Received 6th November 2018 EX01 Rev PL3; EX03 Rev PL3; EX04 Rev PL2 Received 7th November 2018 EX06 Rev PL4; GA-03 Rev PL11; GA-05 Rev PL10 Received 8th November 2018 GA-07 Rev PL8; GA-09 Rev PL6; GA-10 Rev PL6 Received 10th December 2018 GA-06 Rev PL6 Received 10th December 2018 GA-02 Rev PL6; GA-04 Rev PL11; GA-08 Rev PL9; GA-11 Rev PL1 Received 8th January 2019

DC/18/108780 42 Deptford High Street, London, SE8 4AF

Background Papers (1) Case File DE/156/42/TP (2) Core Strategy (June 2011) (3) Development Management Local Plan

(November 2014) (4) London Plan (March 2016)

Designation Deptford High Street Conservation Area

Major District Centre (Deptford) PTAL 6a Local Open Space Deficiency Area of Archaeological Priority - Deptford - The Broadway and Tanners Hill (North) Flood Risk Zone 2 Shopping Core Area

Screening N/A

1.0 PROPERTY/SITE DESCRIPTION

1.1 The subject property is located on the eastern side of Deptford High Street, south

of the junction with Reginald Road. The mid-terrace building is of two storeys plus habitable roofspace and a small cellar. It is one of seven similar cottages in a terrace, dating from the late 18th Century. The property features a commercial unit on the ground floor, which was previously in use as a fabric shop (Use Class A1). There is a two bedroom maisonette over the first floor and roofspace, accessed from Deptford High Street via an internal staircase behind a separate door in the shopfront. The shopfront is modern with a fascia sign and external roller shutter, but in need of refurbishment.

1.2 The building is faced in brick that has subsequently been painted white with a tripartite timber sash window to the front elevation, a timber casement to the rear, a pitched clay tiled roof with a front dormer and rear rooflight, and post-war, long single storey rear extension with shutters covering an access door and the delivery area. All seven cottages within the terrace appear to have been re-fronted, incorporating a brick parapet giving a degree of uniformity of appearance and a consistent eaves level across the group.

1.3 The rear of the site backs onto Reginald Square where there is car parking and a mixture of new and old dwellings, including directly to the rear of the buildings fronting onto Deptford High Street. To the rear of nos. 34, 36 and 40 there are three storey additions, of which the former two (known as 34 and 34a) were built in 2012 as live/work units.

1.4 The properties to either side are a William Hill betting shop (Sui Generis) at nos. 38-40 and a currency exchange / internet café (Use Class A1) at no. 44.

1.5 The site is located within Deptford High Street Conservation Area, but is not subject to an Article 4 direction, nor is it a listed building or in the vicinity of any. The site has a PTAL of 6a, is within Flood Risk Zone 2, an Area of Archaeological Priority, a Shopping Core Area and a Major District Centre (Deptford).


2.0 RELEVANT PLANNING HISTORY

2.1 DC/18/106402: Alterations to refurbish front elevation (including install replacement shopfront and windows), construction of rear roof extension and first floor level rear extension to original building, change of ground floor use from A1 (shop) to A3 (restaurant/cafe) together with formation of associated basement seating, storage and WC area; construction of a first and second storey rear extension and associated rear elevation alterations to form a 1 x 2 bedroom self-contained unit with roof terrace at 42 Deptford High Street. Withdrawn on Officers’ advice.

3.0 CURRENT PLANNING APPLICATION

3.1 The current application proposes the change of use of the ground floor of the property from Use Class A1 (retail) to Use Class A3 in the form of restaurant / café, together with the construction of a two storey, flat-roofed rear extension at first and second floor levels to the rear to create a one bedroom self-contained unit. A replacement shopfront would also be installed, together with replacement front and rear windows and doors, front dormer and a new rear dormer.

3.2 The new rear dormer would increase the floor area for the existing maisonette and would feature three timber sash windows. The replacement front dormer would be marginally higher and deeper. Both would be clad in lead and all the replacement windows and doors would be timber.

3.3 In terms of the two storey rear extension, this would involve the partial demolition of the existing rear addition. The new structure would extend the full width of the plot and have a depth of c.9m. It would be faced in London stock brickwork with mortar and bonding to match. At ground floor it would have a large door for servicing the commercial unit. An extract duct, clad in zinc would run up its rear elevation.

3.4 The shopfront would be timber framed coloured in anthracite grey with a stallriser supporting glazing in-between two doors, one for the existing maisonette and one for the new restaurant / café.

3.5 The flat roof of the existing rear extension would be used as patio areas for the residential units, separated from each other and no. 44 by common holly hedging and obscure glazed balustrade at 1.7m high.

4.0 CONSULTATION

4.1 The Council’s consultation met the minimum statutory requirements and those required by the Council’s adopted Statement of Community Involvement.

4.2 Public and site notice were displayed and letters were sent to 19 adjoining addresses, New Cross Ward Councillors, the Deptford Society, the Deptford High Street Association and the Deptford Neighbourhood Forum. Written Responses received from Local Residents and Amenity Societies

4.3 Four objections and one comment were received, raising the following concerns:


Overdevelopment See para 6.15

Loss of privacy See para (a)

Reduction in outlook See para (a)

Loss of light See paras 6.25- 6.32

No opening hours provided See para 6.40

Increased noise from new restaurant See para 6.42

Loss of retail See paras 6.3 - 6.7

Lack of refuse storage and disposal provision See paras.6.61

Design See paras 6.16 - 6.20

Access for unloading and parking of construction vehicles and those of the staff

See para 6.37 and 6.57

4.4 Potential damage to adjoining properties’ foundations was also raised as an

objection. This is not considered a material planning consideration in this case: the Party Wall Act and Building Regulations provide legislative control on this issue.

4.5 The Deptford Society objected, raising the following points:

Appearance, materials and detailing See paras 6.9 - 6.24

5.0 POLICY CONTEXT

Introduction

5.1 Section 70(2) of the Town and Country Planning Act 1990 (as amended) sets out that in considering and determining applications for planning permission the local planning authority must have regard to:- (a) the provisions of the development plan, so far as material to the application, (b) any local finance considerations, so far as material to the application, and (c) any other material considerations.

5.2 Section 38(6) of the Planning Compulsory Purchase Act 2004 makes it clear that 'if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise’. The development plan for Lewisham comprises the Core Strategy, Development Plan Document (DPD) (adopted in June 2011), DMLP (adopted in November 2014) and policies in the London Plan (March 2016). The NPPF does not change the legal status of the development plan. National Planning Policy Framework (NPPF) 2018

5.3 The revised NPPF, originally published in 2012, was published on 24th July 2018 and is a material consideration in the determination of planning and related applications.

5.4 It contains at paragraph 11, a ‘presumption in favour of sustainable development’. Annex 1 of the NPPF provides guidance on its implementation. In summary, this states in paragraph 213, that policies in the development plan should not be considered out of date just because they were adopted prior to the publication of


the NPPF and in regard to existing local policies, that ‘…due weight should be given to them, according to their degree of consistency with this Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given)’.

5.5 Officers have reviewed the Core Strategy and Development Management Local Plan for consistency with the NPPF and consider there is no issue of significant conflict. As such, full weight can be given to these policies in the decision making process in accordance with paragraphs 213 of the NPPF. National Planning Practice Guidance ‘NPPG’ (2014 onwards)

5.6 On 6th March 2014, DCLG launched the National Planning Practice Guidance (NPPG) resource. This replaced a number of planning practice guidance documents, and is subject to continuous periodical updates in difference subject areas. The Development Plan

5.7 The London Plan, Lewisham’s Core Strategy, together with the Site Allocations DPD, the Lewisham Town Centre Local Plan and the Development Management Local Plan constitute the borough's Development Plan. London Plan (March 2016)

5.8 The London Plan was updated on the 14 March 2016 to incorporate Housing Standards and Parking Standards Minor Alterations to the London Plan (2015). The Mayor of London published a draft London Plan on 29 November 2017 and minor modifications were published on 13 August 2018. The Examination in Public commenced on 15 January 2019 and is scheduled to conclude on 17 May 2019. This document now has some limited weight as a material consideration when determining planning applications. The relevant draft policies are discussed within the report (DLPP). The policies in the current adopted London Plan (2016) relevant to this application are: Policy 2.14 Areas for regeneration Policy 2.15 Town centres Policy 3.3 Increasing housing supply Policy 3.5 Quality and design of housing developments Policy 5.3 Sustainable design and construction Policy 5.10 Urban greening Policy 5.13 Sustainable drainage Policy 5.15 Water use and supplies Policy 6.9 Cycling Policy 7.1 Building London’s neighbourhoods and communities Policy 7.3 Designing out crime Policy 7.4 Local character Policy 7.6 Architecture Policy 7.8 Heritage assets and archaeology Policy 8.3 Community infrastructure levy London Plan Supplementary Planning Guidance (SPG)


5.9 The London Plan SPG’s relevant to this application are:-

Housing (March 2016) Sustainable Design and Construction (April 2014) Town Centres (July 2014) Character and Context (June 2014) Core Strategy

5.10 The Core Strategy was adopted by the Council at its meeting on 29 June 2011. The Core Strategy, together the Development Management Local Plan and the London Plan is the borough's statutory development plan. The following lists the relevant strategic objectives, spatial policies and cross cutting policies from the Lewisham Core Strategy as they relate to this application: Spatial Policy 1 Lewisham Spatial Strategy Spatial Policy 2 Regeneration and Growth Areas Core Strategy Policy 1 Housing provision, mix and affordability Core Strategy Policy 6 Retail hierarchy and location of retail development Core Strategy Policy 7 Climate change and adapting to the effects Core Strategy Policy 13 Addressing Lewisham’s waste management requirements Core Strategy Policy 14 Sustainable movement and transport Core Strategy Policy 15 High quality design for Lewisham Core Strategy Policy 16 Conservation areas, heritage assets and the historic environment Development Management Plan

5.11 The Development Management Local Plan was adopted by the Council at its meeting on 26 November 2014. The Development Management Local Plan, together with the Core Strategy and the London Plan is the borough's statutory development plan. The following policies are relevant to this application:-

DM Policy 1 Presumption in favour of sustainable development DM Policy 14 District centres shopping frontages DM Policy 17 Restaurants and cafés (A3 uses) and drinking establishments (A4 uses) DM Policy 19 Shopfronts, signs and hoardings DM Policy 30 Urban design and local character DM Policy 31 Alterations and extensions to existing buildings including residential extensions DM Policy 32 Housing design, layout and space standards

DM Policy 36 New development, changes of use and alterations affecting designated heritage assets and their setting: conservations areas, listed buildings, schedule of ancient monuments and registered parks and gardens

Residential Standards Supplementary Planning Document (updated May 2012)

5.12 This document sets out guidance and standards relating to design, sustainable development, renewable energy, flood risk, sustainable drainage, dwelling mix,


density, layout, neighbour amenity, the amenities of the future occupants of developments, safety and security, refuse, affordable housing, self containment, noise and room positioning, room and dwelling sizes, storage, recycling facilities and bin storage, noise insulation, parking, cycle parking and storage, gardens and amenity space, landscaping, play space, Lifetime Homes and accessibility, and materials.

6.0 PLANNING CONSIDERATIONS

6.1 The relevant planning considerations are: a) Principle of development b) Design and impact on the character and appearance of the Deptford High Street Conservation Area c) Impact on the amenities of adjoining properties d) Proposed standard of residential accommodation e) Traffic, parking and highways issues f) Prevention of crime and disorder Principle of development

6.2 The principle of the change of use is supported by the Development Plan. Principle of A3 use

6.3 CSP6, DMP14 and DMP17 are the policies relating to the principle of this

proposal. Part 2b of CSP6 is material, which states that secondary frontages will help provide for the uses appropriate to the night time economy.

6.4 The change of use from A1 to A3 is subject to policy tests within DMP14. This states that, within the primary shopping frontages of the Deptford district centres, the Council will only consider a change of use involving the loss at ground floor level of shops (Class A1) where the proposal would meet all of the criteria set out in the policy.

6.5 Policy DMP17 is material: it aims to manage the effects of A3 uses. Several criteria are listed to avoid or mitigate potential harm to local amenity and highway safety.

6.6 In this case, the proposal would meet all of the criteria in DMP 14 and the relevant criteria of DMP17 (other criteria are matters of detail and are addressed below).

6.7 The principle of the change of use therefore accords with the Development Plan. Principle of C3 development

6.8 There is also no in-principle objection to the two storey extension to accommodate the new residential unit at the end of this plot, however this is subject to the proposal being acceptable in terms of its design, impact on the Conservation Area, standard of accommodation, impact on amenity of adjoining occupiers and highways. These matters will be discussed later on in this report.


Design and conservation Impact on heritage assets

6.9 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 provides that (in summary) with respect to any buildings or other land in a conservation area, the Council is required to pay special attention to the desirability of preserving or enhancing the character or appearance of that conservation area.

6.10 Chapter 16 of the NPPF contains detailed guidance on conserving and enhancing the historic environment. Para. 184 of the NPPF states that (in summary) heritage assets (that is conservation areas and/or listed buildings) should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations.

6.11 Officers consider that the current proposal would not lead to substantial harm to the Deptford High Street Conservation Area.

6.12 Paragraph 196 of Chapter 16 states that "Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use".

6.13 Whilst there is some planning harm to the proposal, specifically the somewhat unsympathetic massing of the two storey element and the blank elevation of that element where it faces the existing building, the scheme is nevertheless acceptable in terms of para 196. This is due to the improvements arising from the new shopfront and the renovation, alteration and extension of the existing maisonette (including new windows). This is a wider public benefit in terms of enhancing the character and appearance of the conservation area. Officers have also given some weight to securing the optimum viable user of the building. As such, a condition is proposed to secure the delivery of these merits before the two storey element at the rear is occupied.

Massing and scale

6.14 The height of the proposed rear extension would not exceed that of the host building, and would be set away from it by almost 10m. Its scale is otherwise reasonable given that it would be the width of the plot and approximately a third of the depth of the plot: in reaching this conclusions, Officers are giving great weight to presence of buildings of a similar scale in close proximity to this site.

6.15 Scale also has an impact on living conditions of neighbours. This is covered below, but in summary no material harm is likely to arise from the scale of the proposal. Given this context, the proposal is not judged to be overdevelopment. Form and detailed design

6.16 A traditional Georgian approach has been taken to the two storey rear extension. Officers accept this traditional extension as it is well detailed. Physical samples of the brick with bonding and the mortar mix to match existing are recommended to


be secured by condition. Details like the arched lintels above the windows and glazing pattern of the windows demonstrate that the extension would be of high quality. Windows reveals are to be 100mm, which would be secured by condition.

6.17 The new rear dormer is also acceptable, and would be subordinate to the main elevation with adequate set in from both party wall boundaries, set up from the eaves and set down from the roof ridge. Similarly the front dormer is acceptable. The use lead cladding to each is welcomed, as are the timber sash windows within.

6.18 The shopfront is now compliant with the guidance within the Council’s Shopfront Design Guide SPD and with points e and f of DM Policy 14, following revisions, in that its appearance would be compatible with adjoining shop units and it would retain an active frontage at ground floor level. Therefore, it is acceptable. No objection is raised to it being painted in anthracite grey. This improvement is considered a merit of the scheme to which sufficient weight is given that a condition is recommended to secure it prior to the occupation of the new residential unit.

6.19 The installation of timber doors and windows are acceptable.

6.20 The flue, whilst being minimally higher than the two storey rear extension, would be hidden by it in views from the public realm. Its cladding in zinc is deemed acceptable as it is a high quality material. (a) Landscaping

6.21 The use of common holly bushes (Ilex Aquifolium) would largely obscure the proposed 1.7m high obscure glazed balustrade, which is why the use of the latter is acceptable as separation treatment. Ilex Aquifolium is also hardy, evergreen, is a native species and can tolerate shade.

6.22 The roof of the existing rear addition is to be replaced with single ply membrane on plywood decking, topped with 50mm paving to provide external amenity space for both the existing and the proposed residential unit. Further details of the paving and drainage can be secured by condition.

6.23 Therefore, the proposal is considered to be acceptable in design and conservation terms, compliant with London Plan Policies 5.10, 7.1, 7.4, 7.6 and 7.8, Core Strategy Policies 15 and 16 and DM Policies 19, 30, 31 and 36. Impact on the amenity of neighbouring occupiers from the C3 use

6.24 In terms of residential amenity, the proposals have the potential to have the most impact on 38-40, the maisonette above at 42 and 44 Deptford High Street and some of the flats within Reginald Place. The issues of relevance are levels of sunlight, daylight, associated overshadowing, outlook, sense of enclosure, privacy and noise / general disturbance. Crime shall be addressed later on within this report. (a) Daylight and sunlight


6.25 The scheme would not result in material loss of daylight or sunlight to either internal or external neighbouring residential space. Further analysis is set out below in this section.

6.26 VSC (Vertical Sky Component) Daylight Analysis has been submitted by the applicant to support the view that the two storey rear extension would not adversely impact on levels of daylight to residents to the north of the site, as well as the existing maisonette at no. 42 itself.

6.27 VSC is the ratio of the direct sky illuminance falling on a vertical surface, at a reference point (usually the centre of the window), to the simultaneous horizontal illuminance under an unobstructed overcast sky model. The maximum VSC for a completely unobstructed vertical window is 39.6%. The analysis used the VSC test to measure diffuse daylight, which states that if the VSC is greater than 27% then enough skylight should be reaching the window of the existing building. If VSC, with the new development in place, is both less than 27% and less than 0.8 times its former value, occupants of the existing building will notice the reduction in the amount of skylight.

6.28 No windows have a VSC that would be both less than 27% and less than 0.8 times its former value. The impact on daylight would therefore be acceptable.

6.29 In terms of sunlight, it is measured as follows: (i) Annual Probable Sunlight Hours (APSH); and (ii) Area of Permanent Shadow (APS).

6.30 The APSH relates to sunlight to windows. BRE guidance states that a window facing within 90 degrees due south (windows with other orientations do not need assessment) receives adequate sunlight if it receives 25% of APSH including at least 5% of annual probable hours during the winter months. If the reduction in APSH is greater than 4% and is less than 0.8 times its former value then the impact is likely to be noticeable for the occupants. The APS relates to sunlight to open space: the guidance states that gardens or amenity areas will appear adequately sunlit throughout the year provided at least half of the garden or amenity area receives at least two hours of sunlight on 21st March.

6.31 Given the orientation of the site and the height of the sun in the first half of the morning, it is not considered that the proposed development would adversely impact upon this to the dwellings to the north. As regards overshadowing, existing and proposed shadow drawings have been provided for 21st March. The shadow coverage would increase as follows:

Time of day Existing (m² and %) Proposed (m² and %) Difference

08:00 20m² and 24% 53m² and 64% 33m² and 40%

12:00 18m² and 21% 59m² and 71% 41m² and 50%

16:00 72m² and 87% 78m² and 95% 6m² and 7%

6.32 As such, the main impact is at noon and on an area that appears to be used as a

storage area for the upper floor dwelling at no. 44, and which serves as its entrance. Therefore, given the nature and use of the area affected, it is not considered that the impact is so severe as to warrant a refusal of this application. (a) Privacy and outlook


6.33 Turning to privacy and outlook, no material loss of privacy would occur to

neighbouring properties. The two storey element would have no rear or flank windows. The new dormer to the rear of the existing building would not introduce an unreasonable degree of overlooking for a terraced property in an urban area. Privacy screens would prevent direct overlooking of neighbouring amenity space or living spaces. The position and scale of the two storey element would be such that it would not materially harm outlook for neighbouring occupants.

6.34 The replacement front window, dormer and shopfront would not result in any additional overlooking of those properties across Deptford High Street because the replacement fenestration would be installed into existing openings.

6.35 In terms of outlook between the existing and proposed dwelling, the separation distance would be a minimum c.10m. This increases for the windows within the rear dormer. This distance is acceptable. Further, as the existing maisonette is dual aspect, the outlook would not be materially harm as views can be had towards the west.

6.36 The rear windows within the new extension would overlook Reginald Square, and would contribute to natural surveillance. (a) Other amenity matters

6.37 Construction working hours, noise and dust pollution can have an effect on living conditions for the duration of construction. Since a degree of disturbance is inevitable, such impacts are usually not considered to be material planning considerations. Further, a range of other legislation provides environmental protection, principally the Control of Pollution Act. It is established planning practice to avoid duplicating the control given by other legislation. In certain circumstances, particularly large or complex works may require specific control by planning, however this is not such a case.

6.38 The introduction of a residential use to a mixed use area is not considered to cause a significant problem in terms of noise or disturbance. Impact on the amenity of neighbouring occupiers from the A3 use

6.39 The amenity impacts of an A3 use are considered by DMP 17. Such a use has the potential to cause disturbance in terms of noise / general disturbance, odour and litter. (a) Opening hours

6.40 In this case, no potential tenant has been identified for the space, and the applicant has not proposed any opening hours as a result. It is recommended that standard hours of opening and operation suitable for an A3 use in this location be imposed by condition. (a) Managing, minimising and mitigating noise, odour, vibration, refuse


6.41 It would prudent to secure a management plan for the premises via condition so they can demonstrate how they would deal with the efficient and hygienic discharge of fumes and smells (without giving rise to harm from vibration), noise and litter generated by customers, sound proofing as well as noise and odour by the use. It is noted that the location of the flue has already been shown, and it is considered acceptable in principle since it would be discrete and would not discharge near any windows. A separate condition is recommended to ensure the extract equipment is specified to achieve the requisite air changes and not result in noise pollution, odour or vibration.

6.42 Having regard to DMP17 and DMP26, in terms of the impact of the A3 use on existing residents, the above management plan would of the new dwelling on the proposed new restaurant / café, the replacement roof, which would be used as an external amenity area, would be constructed with 100mm of sound absorber between timber joists, which would mitigate against any significant noise impact. However, it is not clear whether this is sufficient to prevent noise transfer from the new restaurant to the existing and new dwellings above. This is a matter than can be dealt with by condition.

6.43 Therefore, subject to the imposition of conditions, the scheme is considered acceptable in terms of neighbouring amenity in accordance with London Plan Policy 7.6 and DM Policies 31 and 32. Standard of accommodation for proposed occupiers

6.44 London Policy 3.5 Quality and design of housing developments of the London Plan states that housing developments should be of the highest quality internally, externally and in relation to their context. It also states that the minimum internal floorspace required for residential units on the basis of the level of occupancy that could be reasonably expected within each unit.

6.45 DM Policy 32 states that all new residential development should be attractive and neighbourly, provide a satisfactory level of privacy, outlook and natural lighting both for its future residents and its neighbours as well as meet the functional requirements of future residents.

6.46 The minimum GIA for a 1b2p dwelling over two storeys is 58m² inclusive of 1.5m² storage. The proposed unit would comply with the relevant standards

6.47 The unit would have single aspect to the east, which is acceptable. Three rooflights would provide natural light to the bathroom, staircase as well as the void, flooding the first floor with light. The large east-facing windows would also help to provide adequate ventilation and natural light.

6.48 According to Standard 26 of the London Plan Housing SPG (March 2016), the external amenity space should be a minimum of 5m² for 1-2 person dwellings. As such, the patio of 22m² provides space in excess of this and therefore the scheme is compliant in this aspect. As previously stated, the boundary treatment is to be installed prior to the unit’s occupation and retained for the lifetime of the development, to be secured by condition.


6.49 The existing maisonette is proposed to be reduced to a one bedroom unit, but this is to provide a living room, which it does not currently have, and the unit would be increased in size, albeit not quite to the current minimum space standards. It would, however, also benefit from the provision of 22.5m² of good quality external amenity space, which is welcomed.

6.50 The submitted Internal Daylight Factor Report demonstrates that the habitable rooms within the existing maisonette would all pass the Average Daylight Factor (ADF) values as recommended by BS8206, referred to by the BRE guidance.

6.51 Any noise transfer from the proposed restaurant / café use on the ground floor is to be dealt with by soundproofing / insulation, details of which are recommended to be conditioned. The double glazed windows would help lower noise levels from the high street, but it is recognised that the environment to the rear is quieter.

6.52 As such, the proposal is considered to provide an acceptable standard of accommodation for future occupiers. Highways and traffic

6.53 London Plan Policy 6.9 Cycling states that developments should provide secure, integrated, convenient and accessible cycle parking facilities in line with the minimum standards set out in Table 6.3 and the guidance set out in the London Cycle Design Standards (or subsequent revisions).

6.54 Core Strategy Policy 14 Sustainable movement and transport states that car free status for new development can only be assured where on-street parking is managed so as to prevent parking demand being displaced from the development onto the street, and cycle parking will be required for new development.

6.55 DMP17 part 1 (c) states that the Council will consider proposals for restaurants and cafés (A3) and drinking establishments (A4) provided parking and traffic generation is not a danger to other road users, public transport operators or pedestrians.

(a) Car Parking and Construction traffic

6.56 The scheme does not propose any car parking. A car free scheme is considered to be appropriate, as the site has a PTAL rating of 6a and is in close proximity to Deptford train station, Deptford Bridge DLR and regular bus services to New Cross Gate Overground and New Cross train stations. Staff and customers of the A3 use and residents of the C3 use would be able to use the excellent public transport connections on a day-to-day basis. The proposal is not considered to add to existing traffic levels or the existing parking situation. However, a condition is to be added preventing future occupiers from obtaining a permit within the CPZ so as to not add to parking stress.

6.57 To the rear of the site there is a pavement and car parking spaces. As such, and in order to protect pedestrian safety, it is considered necessary to condition a Construction Management Plan. It is noted that Reginald Square is not narrow and provides numerous parking spaces for those vehicles that would be displaced by the temporary suspension of spaces. A Construction Management Logistics


Plan is recommended to be secured by condition, to ensure among other things deliveries and contractors parking is considered in light of highway and pedestrian safety.

(a) Cycle parking

6.58 Having regards to cycle parking, one secure and dry space should be provided in line with Table 6.3 of London Plan Policy 6.9. Two bikes have been shown within an internal store on the ground floor accessed from the delivery area, to which future occupiers would have access. The store is to be secured in perpetuity by condition. (a) Refuse and recycling, servicing

6.59 Residential Development Standards SPD seeks to ensure that all new developments have adequate facilities for refuse and recycling. The one bedroom dwelling would use separate plastic refuse sacks for general waste and recycling and place them on Reginald Square for collection, which is compliant with the Council’s policy for flats above commercial units. Refuse and recycling stores for the maisonette on upper floors of the host building would remain as existing.

6.60 DMP17 part 2 (b) states that applicants will be expected to provide acceptable arrangements for the collection, storage and disposal of bulk refuse and customer litter. 240 litre and 180 litre bins have been provided at ground floor level for the new restaurant / café. It is considered that these are adequate for the size of the unit.

6.61 In terms of servicing of the commercial unit, the loading bay opposite on Deptord High Street would be used outside of usual business hours (09:00-17:00). Refuse collection would be to the rear on Reginald Square.

6.62 Officers raise no objection on highways or traffic grounds subject to conditions. Prevention of crime and disorder

6.63 Section 17 of the Crime and Disorder Act 1998 provides that it shall be the duty of the Council to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent:

a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local community);

b) the misuse of drugs, alcohol and other substances in its area; and c) re-offending in its area.

6.64 No issues of crime or anti-social behaviour were raised as a consequence of the

public consultation undertaken in respect of this application. The new residential unit would introduce active surveillance of Reginald Square and this is considered a planning merit. It is not considered that a restaurant / café use would add to crime or general anti-social behaviour in the immediate vicinity.

7.0 HUMAN RIGHTS ACT


7.1 Under the Human Rights Act 1998, the Council must not act in a way which is incompatible with the rights referred to in the Act. There is an exception to this, in that the Council will not be acting unlawfully if Acts of Parliament mean that it cannot act in any other way. The relevant human rights in this instance are the:

Right to respect for the home, under Article 8;

Right to peace enjoyment of possessions, under Article 1 of Protocol 1; and

Right to a fair trial, under Article 6.

7.2 However, these rights are not absolute, and may lawfully be infringed in certain defined circumstances. Where infringement is permissible, it must occur in accordance with, or subject to, the conditions provided for by the law. It must also be proportionate; i.e. it must achieve a fair balance between competing interests and not go beyond what is strictly necessary to achieve the purpose involve.

7.3 On balance, it is considered that the interference with the owners’ human rights are proportionate. As such, the application is not considered to raise any Human Rights Act implications.

8.0 EQUALITIES CONSIDERATIONS

8.1 The Equality Act 2010 (the Act) introduced a new public sector equality duty (the equality duty or the duty). It covers the following nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

8.2 In summary, the Council must, in the exercise of its function, have due regard to the need to: a. eliminate unlawful discrimination, harassment and victimisation and other

conduct prohibited by the Act; b. advance equality of opportunity between people who share a protected

characteristic and those who do not; c. foster good relations between people who share a protected characteristic and

persons who do not share it.

8.3 The duty continues to be a “have regard duty”, and the weight to be attached to it is a matter for the decision maker, bearing in mind the issues of relevance and proportionality. It is not an absolute requirement to eliminate unlawful discrimination, advance equality of opportunity or foster good relations.

8.4 The Equality and Human Rights Commission has recently issued Technical Guidance on the Public Sector Equality Duty and statutory guidance entitled “Equality Act 2010 Services, Public Functions & Associations Statutory Code of Practice”. The Council must have regard to the statutory code in so far as it relates to the duty and attention is drawn to Chapter 11 which deals particularly with the equality duty. The Technical Guidance also covers what public authorities should do to meet the duty. This includes steps that are legally required, as well as recommended actions. The guidance does not have statutory force but nonetheless regard should be had to it, as failure to do so without compelling reason would be of evidential value. The statutory code and the technical guidance can be found at: http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice-and-technical-guidance/

http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice-and-technical-guidance/

http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice-and-technical-guidance/


8.5 The Equality and Human Rights Commission (EHRC) has previously issued five guides for public authorities in England giving advice on the equality duty: 1. The essential guide to the public sector equality duty 2. Meeting the equality duty in policy and decision-making 3. Engagement and the equality duty 4. Equality objectives and the equality duty 5. Equality information and the equality duty

8.6 The essential guide provides an overview of the equality duty requirements including the general equality duty, the specific duties and who they apply to. It covers what public authorities should do to meet the duty including steps that are legally required, as well as recommended actions. The other four documents provide more detailed guidance on key areas and advice on good practice. Further information and resources are available at: http://www.equalityhumanrights.com/advice-and-guidance/public-sector-equality-duty/guidance-on-the-equality-duty/

8.7 The planning issues set out above do not include any factors that relate specifically to any of the equalities categories set out in the Act, and therefore it has been concluded that there is no impact on equality.

9.0 LOCAL FINANCE CONSIDERATIONS

9.1 Under Section 70(2) of the Town and Country Planning Act 1990 (as amended), a local finance consideration means: (a) a grant or other financial assistance that has been, or would or could be, provided to a relevant authority by a Minister of the Crown; or (b) sums that a relevant authority has received, or would or could receive, in payment of Community Infrastructure Levy (CIL).

9.2 The weight to be attached to a local finance consideration remains a matter for the decision maker.

9.3 CIL is therefore a material consideration. CIL is payable on this application and the applicant has completed the relevant form.

9.4 The above development is liable for both the Mayor’s CIL and the Council’s CIL. The completed CIL form was submitted with the application documents. An informative would be added to the decision notice advising the applicant to notify the Council when works commence.

10.0 CONCLUSION

10.1 The Local Planning Authority has considered the particular circumstances of the application against relevant planning policy set out in the Development Management Local Plan (2014), the Core Strategy (2011), London Plan (March 2016) and the revised National Planning Policy Framework (2018).

10.2 In summary, it is considered that the proposal is acceptable in terms of the principle of development, design, impact on the Conservation Area, standard of accommodation, impact on neighbouring properties, highways and crime.

http://www.equalityhumanrights.com/advice-and-guidance/public-sector-equality-duty/guidance-on-the-equality-duty/

http://www.equalityhumanrights.com/advice-and-guidance/public-sector-equality-duty/guidance-on-the-equality-duty/


10.3 The planning merits of this application include bringing an empty unit back into use to help the vitality and viability of the town centre, renovating the frontage to help the attractiveness of the town centre and the provision of a new restaurant to support night time economy, which are considered to outweigh any impact on neighbouring amenity. As such, Officers recommend that planning permission be granted subject to the imposition of suitable planning conditions.

11.0 RECOMMENDATION Authorise the Head of Planning to GRANT PLANNING PERMISSION subject to

conditions, including those set out below and with such amendments as are considered appropriate to ensure the acceptable implementation of the development.

1) STANDARD TIME LIMIT

The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which the permission is granted. Reason: As required by Section 91 of the Town and Country Planning Act 1990.

2) SECURING DEVELOPMENT IN ACCORDANCE WITH APPROVED PLANS

The development shall be carried out strictly in accordance with the application plans, drawings and documents hereby approved and as detailed below:

SP-01 Rev PL01; EX-05/PL01; Internal Daylight Factor Report Rev 0 Received 3rd September 2018

VSC Daylight Analysis Received 30th October 2018

EX02 Rev PL2; 1168-FD-01 Rev PL2 Received 6th November 2018

EX01 Rev PL3; EX03 Rev PL3; EX04 Rev PL2 Received 7th November 2018

EX06 Rev PL4; GA-03 Rev PL11; GA-05 Rev PL10 Received 8th November 2018

GA-07 Rev PL8; GA-09 Rev PL6; GA-10 Rev PL6 Received 10th December 2018

GA-06 Rev PL6 Received 10th December 2018

GA-02 Rev PL6; GA-04 Rev PL11; GA-08 Rev PL9; GA-11 Rev PL1 Received 8th January 2019

Reason: To ensure that the development is carried out in accordance with the approved documents, plans and drawings submitted with the application and is acceptable to the Local Planning Authority.

3) CONTROL OF CONSTRUCTION TRAFFIC AND ENVIRONMENTAL IMPACT No development whatsoever shall commence on site until such time as a Construction Management Logistics Plan has been submitted to and approved in writing by the Local Planning Authority. The plan shall cover:-


a. A plan (to scale) identifying the site access points and where safe and legal loading can take place

b. Details of best practical measures to be employed to mitigate noise and vibration arising out of the construction process

c. Details of construction traffic movements including cumulative impacts which shall demonstrate the following:- i. Rationalise travel and traffic routes to and from the site. ii. Provide full details of the number and time of construction vehicle trips to

the site with the intention and aim of reducing the impact of construction relates activity.

iii. Measures to deal with safe pedestrian movement. d. Security Management (to minimise risks to unauthorised personnel). e. Details of the training of site operatives to follow the Construction

Management Plan requirements. The measures specified in the approved details shall be implemented prior to commencement of development and shall be adhered to during the period of construction. Reason: In order that the Local Planning Authority may be satisfied that the demolition and construction process is carried out in a manner which will minimise possible noise, disturbance and pollution to neighbouring properties and to comply with Policies 5.3 Sustainable design and construction and 6.3 Assessing effects of development on transport capacity of the London Plan (March 2016).

4) CONTROL OF MATERIALS No construction works shall commence on site until further details of all proposed external materials, to include manufacturer’s literature where appropriate and a physical sample panel of the brick with the mortar mix and bonding provided for viewing on site, have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure that the Local Planning Authority may be satisfied as to the external appearance of the extension and to comply with Policies 15 High quality design for Lewisham and 16 Conservation areas, heritage assets and the historic environment of the Core Strategy (June 2011) and DM Policies 30 Urban design and local character, 31 Alterations and extensions to existing buildings including residential extensions and 36 New development, changes of use and alterations affecting designated heritage assets and their setting: conservation areas, listed buildings, schedule of ancient monuments and registered parks and gardens of the Development Management Local Plan (November 2014).

5) CONTROL OF DRAINAGE

a. Prior to the commencement of the construction of the rear extension, details

and drawings showing the paving and drainage of the external amenity areas shall be submitted and approved in writing by the Local Planning Authority.


b. All of the works which form part of the approved scheme under part (a) shall be completed prior to occupation of the development.

Reason: In order that the Local Planning Authority may be satisfied as to the details of the proposal and to comply with Policy 5.13 Sustainable drainage in the London Plan (March 2016), Policy 15 High quality design for Lewisham of the Core Strategy (June 2011) and DM Policies 30 Urban design and local character and 31 Alterations and extensions to existing buildings including residential extensions of the Development Management Local Plan (November 2014).

6) SECURING PROVISION OF BOUNDARY TREATMENT The proposed boundary treatment shall be installed prior to the occupation of either of the residential dwellings at 42 Deptford High Street, and shall be retained in perpetuity. Reason: To avoid the direct overlooking of adjoining properties and consequent loss of privacy thereto and to comply with DM Policies 31 Alterations and extensions to existing buildings including residential extensions and 32 Housing design, layout and space standards of the Development Management Local Plan (November 2014).

7) HOURS OF OPENING, OPERATION AND SERVICING

The opening and operating hours for the new restaurant / cafe shall be between 06:30 to 23:00 Monday to Thursday, 06:30 to 00:00 on Saturdays and 08:00 to 22:00 on Sundays and Bank Holidays. Servicing shall not occur outside of the approved opening hours. Reason: In order to safeguard the amenities of adjoining occupants at unsociable periods and to comply with DM Policies 14 District centres shopping frontages, 17 Restaurants and cafes (A3 uses) and drinking establishments (A4 uses), 26 Noise and vibration and 32 Housing design, layout and space standards of the Development Management Local Plan (November 2014).

8) SECURING DESIGN DETAIL

All window and door openings shall be constructed with minimum 100mm deep external reveals. Reason: To ensure that the Local Planning Authority may be satisfied as to the external appearance of the building and to comply with Policy 15 High quality design for Lewisham of the Core Strategy (June 2011) and DM Policies 30 & 36 the Development Management Local Plan (November 2014).

9) SECURING PROVISION OF CYCLE PARKING

The cycle parking facilities as shown on drawing no. GA-03 Rev PL11 shall be provided and made available for use prior to occupation of the new residential dwelling, and maintained thereafter.


Reason: In order to ensure adequate provision for cycle parking and to comply with Policy 6.9 Cycling of the London Plan (March 2016) and Policy 14 Sustainable movement and transport of the Core Strategy (June 2011).

10) SECURING PROVISION OF AMENITY SPACE

The whole of the amenity space as shown on drawing no. GA-02 Rev PL6 hereby approved shall be provided and made available for use prior to occupation of the new residential dwelling and shall be retained permanently for the benefit of the occupiers of the residential units hereby permitted. Reason: In order that the Local Planning Authority may be satisfied as to the amenity space provision in the scheme and to comply with Policy 15 High quality design for Lewisham of the Core Strategy (June 2011) and DM Policy 32 Housing Design, layout and space standards of the Development Management Local Plan (November 2014).

11) RESTAURANT MANAGEMENT PLAN

A management plan for the new restaurant / cafe demonstrating how the future occupier would deal with discharge of fumes and smells, litter, noise and disturbance generated by customers and their vehicles shall be submitted to and approved in writing by the Local Planning Authority prior to the unit being open for customer business or otherwise operational, and the use shall be managed in accordance with that document in perpetuity. Reason: In order to safeguard the amenities of adjoining occupants and to comply with DM Policies 14 District centres shopping frontages, 17 Restaurants and cafes (A3 uses) and drinking establishments (A4 uses) and 26 Noise and vibration of the Development Management Local Plan (November 2014).

12) NO PARKING PERMITS Before the development hereby permitted is occupied, arrangement shall be agreed in writing with the Local Planning Authority and be put in place to ensure that, with the exception of disabled persons, no resident of either of the dwellings in the development shall obtain a resident's parking permit within the Deptford Central Controlled Parking Zone (CPZ) that is in force on between 09:00 and 18:00 on Mondays to Fridays and 08:00 and 13:30 on Saturdays. Reason: In order to ensure that the proposal does not add to existing parking stress within the Deptford Central CPZ in compliance with Policy 6.13 Parking of the London Plan (March 2016), Policy 14 Sustainable movement and transport of the Core Strategy (June 2011) and DM Policy 29 Car parking of the Development Management Local Plan (November 2014).

13) CONTROL OF NOISE

a. The development shall be designed to incorporate soundproofing /

insulation against airborne noise to meet D’nT,w + Ctr dB of not less than 55 for walls and/or ceilings where residential meets non-domestic use and a


specification shall be submitted to and approved in writing by the Local Planning Authority.

b. The development shall only be occupied once the soundproofing / insulation

works as agreed under part (a) have been implemented in accordance with the approved details.

c. The soundproofing shall be retained permanently in accordance with the

approved details. Reason: In the interests of residential amenity and to comply with DM Policies 14 District centres shopping frontages, 17 Restaurants and cafés (A3 uses) and drinking establishments (A4 uses), 26 Noise and vibration, 31 Alterations and extensions to existing buildings including residential extensions and 32 Housing design, layout and space standards of the Development Management Local Plan (November 2014).

14) CONTROL OF EXTRACT PLANT a. Prior to the installation of any extract plant, detailed plans and a

specification of the appearance, performance and noise rating of the equipment comprising a ventilation system which shall include measures to alleviate noise to less than 5db below background levels, vibration, fumes and odours (and incorporating active carbon filters, silencer(s) and anti-vibration mountings where necessary) shall be submitted to and approved in writing by the Local Planning Authority.

b. The extract plant shall be installed in accordance with the approved plans

and specification before use of the development hereby permitted first commences and shall thereafter be permanently in place as approved.

Reason: To safeguard the amenities of the adjoining premises and the area generally and to comply with DM Policies 14 District centres shopping frontages and 17 Restaurants and cafes (A3 uses) and drinking establishments (A4 uses) of the Development Management Local Plan (November 2014).

15) SECURING PROVISION OF IMPROVEMENT WORKS

The residential unit identified as unit B on drawing GA-02 Rev PL6, GA-03 Rev PL11 and GA-04 Rev PL11 shall not be occupied unless the works hereby approved to replace the shopfront and alter and extend unit A have first been completed in full in accordance with the approved plans. Reason: in light of the weight given to the merits of the above mentioned works in offsetting the less than substantial harm of the massing and design of the two storey rear element, in accordance with para 196 of the NPPF and Policy 15 of the Core Strategy (2011) and DM Policies 30 & 36 the Development Management Local Plan (2014).

INFORMATIVES


Positive and Proactive Statement: The Council engages with all applicants in a positive and proactive way through specific pre-application enquiries and the detailed advice available on the Council’s website. On this particular application, no pre-application advice was sought. However, positive discussions took place which resulted in further information being submitted to bring the proposal in line with the Development Plan. The applicant is advised that any works associated with the implementation of this permission (including the demolition of any existing buildings or structures) will constitute commencement of development. Furthermore, all pre-commencement conditions attached to this permission must be discharged, by way of a written approval in the form of an application to the Local Planning Authority, before any such works of demolition take place. As you are aware the approved development is liable to pay the Community Infrastructure Levy (CIL) which will be payable on commencement of the development. An 'assumption of liability form' must be completed and before development commences you must submit a 'CIL Commencement Notice form' to the council. You should note that any claims for relief, where they apply, must be submitted and determined prior to commencement of the development. Failure to follow the CIL payment process may result in penalties. More information on CIL is available at: - http://www.lewisham.gov.uk/myservices/planning/apply-for-planning-permission/application-process/Pages/Community-Infrastructure-Levy.aspx You are advised that all construction work should be undertaken in accordance with the "London Borough of Lewisham Code of Practice for Control of Pollution and Noise from Demolition and Construction Sites" available on the Lewisham webpage. In preparing the scheme of dust minimisation, reference shall be made to the London Council’s Best Practice Guide: The Control of Dust and Emissions from Construction and Demolition. All mitigation measures listed in the Guide appropriate to the size, scale and nature of the development will need to be included in the dust minimisation scheme. The applicant is advised that the implementation of the proposal will require approval by the Council of a Street naming & Numbering application. Application forms are available on the Council's website.

Documents

Committee PLANNING COMMITTEE A Report Title 42 …councilmeetings.lewisham.gov.uk/documents/s62427/42 Deptford High Street SE8...facilitated by the installation of a replacement shopfront,